Andrews v. Hoss

Certiorari to review an order of the Workmen’s Compensation Commission denying benefits to employee-relator.

The sole issue is whether the evidence sustains the commission’s factual determination that the employee’s injury resulting from a fellow employee’s assault by gunshot did not arise out of and in the course of his employment.

The employee worked as a part-time service station attendant. While on the premises of the employer’s service station at 1 a. m., March 24, 1967, following an argument with one Nick Taylor (a fellow employee who was on duty) and an altercation and scuffle with…