Driscoll Construction Co. v. Industrial Commission

This is a proceeding under the Workmen’s Compensation Act. The Industrial Commission awarded compensation for temporary total disability to Erker, an employee of the Driscoll Construction Company. The company and its insurer carried the case to the district court, which affirmed the award. Company and insurer ask us to reverse district court and commission.

The claimant was employed to work on road construction, operating one of the company’s drag scrapers (colloquially known as “fresnos”), he supplying his own team of horses in connection therewith. Other employees had like employment. The…