Paulauskis' Case

This is an appeal by the employer from a decree sustaining and affirming the finding of the associate legal member of the Industrial Accident Commission, hereafter called the Commissioner, awarding compensation.

Petition was filed by the widow of Antanas Paulauskis, as his dependant. Upon hearing the Commissioner was furnished with a *33statement of the facts upon which he was to decide the right of the petitioner to compensation.

Where evidence is presented, “it is settled law that the burden is upon the petitioner to prove that the injury for which he seeks compensation was by accident not only…