Jolly v. Jesco, Inc.

Rogosheske, Justice.

Certiorari to review an award of compensation by the Industrial Commission for the death of an employee resulting from an altercation between decedent and a fellow employee in which the decedent was the instigator and aggressor.

Warren Jolly, a bricklayer, was employed by Jesco, Inc., from June 18, 1962, to August 21, 1962, when he died at age 46 on the job site immediately following an assault upon David Mikkelson, a fellow employee. On April 24, 1961, prior to employment with Jesco, Inc., decedent had suffered a myocardial infarction while performing an unusually arduous…