Town of Boswell v. Trabold

BERRY, Justice:

Petitioner, hereafter designated the Town, perfected this proceeding to review a trial judge’s order awarding compensation for permanent partial disability [30%] to body as a whole resulting from accidental injury found to have been sustained in course of covered employment.

Claim for compensation alleged injury occurred when claimant was struck by the bucket of a backhoe being operated in excavating a grave site in Town’s cemetery. Respondent denied all allegations, and specifically denied State Industrial Court jurisdiction of the case because not an included employment within…