King v. State Industrial Accident Commission

On Rehearing

ROSSMAN, J.

The petition for a rehearing filed by the appellant, State Industrial Accident Commission, contends:

“The Court erred in finding that the decedent met his death by injury arising out of and in the course of his employment while enroute to work.

“The Court decision recites:

‘Without again analyzing the testimony, we express our belief that it warranted a finding that the construction of the log boom was performed by King as an employee and that at the *73time of Ms death he was on his way to resume work upon that object.’

The decedent workman was not at work. He was ‘on his way…