Grant v. Brownfield's Orthopedic & Prosthetic Co.

The majority begins its opinion by incorrectly stating the issue to be decided by this Court as follows: “Does the accidental death of an employee occurring at an employer-sponsored Christmas party arise out of and in the course of employment for purposes of an award of workmen’s compensation benefits?” Supra at 542. However, the issue to be decided on appeal is not whether Mrs. Grant was injured while in the course and scope of her employment. That was the issue before the factfinder in this case, the Industrial Commission. The issue on appeal is whether there is substantial and competent…