Hopper v. Industrial Commission

The Industrial Commission disallowed this claim on the ground that the deceased employee’s' death did not result from an injury received in the course of and arising out of his employment.

On appeal, the Court of Common Pleas found that the claim was compensable.

The decedent was employed as a truck driver, whose regular duties were to deliver a load of refuse to the' public incinerator the first thing daily and thereafter to deliver bundles of window shades during the remainder of the workday. It involved manual labor, but as far as the record shows there was no compulsion requiring…