Ace Pest Control, Inc. v. Industrial Commission

This is a workmen’s compensation proceeding instituted by Mildred Burns, to recover an award for the death of her husband who allegedly suffered a fatal injury which arose out of and in the course of his employment by Ace Pest Control, Inc. An arbitrator denied an award but on appeal the Industrial Commission reversed the arbitrator’s decision and awarded compensation. The Commission’s decision was confirmed by the circuit court of Woodford County and the employer now appeals directly to this court.

There is no dispute as to the facts, the sole issue being whether the deceased employee’s death…