Transcontinental Bus System, Inc. v. Industrial Commission

DE CONCINI, Justice.

Transcontinental Bus System, Inc., the petitioner, had in its employ one Oscar McCloud, hereinafter referred to as the employee, a red cap and janitor in its bus station in Phoenix, Arizona. While on duty April 4, 1945 the employee sustained a severe injury by falling off a balcony to the cement floor below. The accident occurred in the early morning hours. There were no witnesses. He was discovered about 3:20 a. m. in an unconscious condition.

Application for compensation was made soon after the accident. The Commission denied the claim on the ground that the employee did…