Arnold v. Ogle Construction Co.

In considering this appeal Mr. Justice Carr has concluded that plaintiff is not entitled to further compensation. I cannot agree with that result. The ground of my Brother’s holding seems to be as follows: “In his application for adjustment of claim plaintiff did not allege that the injury referred to was accidentally suffered or was accompanied by any fortuitous circumstance ;” and the further fact that notwithstanding plaintiff testified his injury did result from an accident (slipping) the commission did not expressly so find as a basis of awarding compensation. The controlling issue is…