Divelbiss v. INDUSTRIAL COMMISSIONS

I respectfully dissent from the majority opinion and in so doing point out what I consider salient facts disclosed by the record and not referred to in the majority opinion.

Claimant was not working on an hourly basis, but on a tonnage basis:

“Q. Now you are paid on the tonnage produced at your open hearth furnace? A. Yes sir. Q. Over a twenty-four hour period? A. Yes. Q. So your pay is not based on how long you were on the job? A. No. Q. In other words when you leave, are released (relieved ?) at about half an hour before the end of the shift you are through? A. Yes, with the work.”

In my…