State ex rel. Marion Power Shovel Co. v. Industrial Commission

The issue in the instant case is a very narrow one since all the facts and most of the legal points are uncontroverted. It is conceded that claimant, Cole, has a bona fide claim for total disability from silicosis. The only controverted question is whether relator is liable as a self-insurer or the claim should be paid from the state insurance fund.

On November 28, 1946, relator was a self-insurer. If claimant, who was then in relator’s employ, had on that date been injured by an accident arising in and growing out of his employment, claimant would have had a claim which arose on that date and…