Erickson v. Minnesota Gas Co.

McMURCHIE, Circuit Judge.

Procedurally, the case commenced in the Department of Labor. The issue presented to the department involved whether claimant's injury arose out of and in the course of his employment. After hearing, findings of fact and conclusions of law were entered for claimant. Appeal was filed in circuit court, which affirmed the department’s decision, and employer and insurer appeal therefrom. We affirm.

Claimant, Howard M. Erickson, was employed by the Minnesota Gas Company as a heavy equipment operator. On the day in question, Erickson operated a Ditch Witch trencher. The…