Claim of Herman v. La Rue Quick

Appeal from decision and award of the Workmen’s Compensation Board. *785Claimant is a carpenter. His son was a fellow employee. While engaged in work on September 20, 1951, claimant was struck by his son with a hammer. A short time before this the son had been released from a hospital for mental illness, and on the day of the assault he was recommitted there. The board has found on an adequate record that the claimant did not initiate the assault; that it was committed without provocation on his part. The appellants argue that the injury did not arise out of employment. There is abundant…