International Spa v. Jones

HODGES, Justice.

Claimant sustained a back injury while employed by petitioners, hereafter respondents. A trial judge awarded medical expenses, temporary total compensation, and 5% permanent partial disability to body as a whole, upon this finding: “ * * * claimant sustained the injury while engaged in an activity that although was not part of his employment, it was condoned by the respondents.” This proceeding for review seeks to vacate this order upon the ground this alleged injury did not arise out of and in course of employment.

Evidentiary matters which give rise to the issue are neither…