Industrial Commission v. Messinger

This is a workmen’s compensation case. For convenience, we will refer to the parties as follows: Industrial Commission of Colorado, as the Commission, Danny’s Inc., as the employer, State Compensation Fund, as the Fund and defendant in error, Mary Cecelia Messinger, as Claimant.

Claimant was a waitress handling food in a local restaurant. She was directed by her employer to secure a health certificate, and submitted herself to a physician who drew from her arm some blood for the purpose of making the blood test required by law. The lesion made by the physician became infected, and as a result…