O'Toole v. Department of Labor & Industries

The department has appealed from a judgment reversing the order of the joint board which order sustained the department in its rejection of a claim for a widow’s pension under the industrial insurance act.

The cause was tried to the court sitting without a jury. The trial court made findings from which we quote:

“That the plaintiff is the widow of Thomas O’Toole, deceased, and has no children under the age of sixteen years. . . .

“That on April 2nd, 1934, while he was employed and in the course of his employment and while engaged in extra-hazardous employment as aforesaid, Thomas O’Toole, in the…