Marsh v. Leo's, Inc.

Brailsford, Justice.

This appeal is from the disallowance of a claim under the Workmen’s Compensation Act. The issue is whether claimant’s employer, Leo’s Inc., was covered by the act on March 6, 1965, when the injury was sustained.

All of the evidence on the point establishes that the employer had less than fifteen employees, hence, was exempted from mandatory coverage. Section 72-107 (2), Code of 1962. The hearing commissioner impliedly so found, but held that the employer had voluntarily elected to come in under the terms of the act pursuant to Section 72-109, Code of 1962. The full…