Merz v. Industrial Commission

Peter J. Merz, an employee of the Lick Run Coal & Clay Company, was shot and killed by his son-in-law, James McManaway. Elizabeth. Merz, widow of decedent, filed her application for compensation from the State Insurance Fund, which application the Industrial Commission denied upon the sole ground “that the decedent’s death was not the result of an injury sustained in the course of and arising out of his employment. ’ ’ On appeal to the Court of Common Pleas of Athens county, Ohio, judgment was rendered in favor of her right to participate in the fund, which judgment was affirmed by the Court…