Otto v. Independent School District of Madrid

Claimant, a school janitor, slipped and fell on an icy sidewalk while going to work. The deputy commissioner, sitting as a board of arbitration, denied his claim for compensation, holding that his resultant injury did not arise "out of and in the course of his employment." On review this decision was affirmed by the commissioner and the latter’s findings and order were in turn affirmed by the district court.

Claimant asserts: (1) That since the facts were undisputed, the question of compensability was one of law; and (2) that the undisputed facts show his injury arose out of and in the course…