Kemp v. Tidewater Kiewit

Opinion

BENTON, J.

The question presented in this appeal is whether the commission erred in concluding that the evidence did not establish an injury by accident arising out of employment.

The testimony by Merrill J. Kemp established that he was working on a trestle thirty feet above the ground. Before attempting to remove a blanket covering a concrete column, Kemp crawled over the top of the column and bent down to hook his lanyard to the safety belt. He described the occurrence as follows:

I reached down and I hooked [a cable] and I came across and I reached fully down, and then I started…