Payne v. Wall

This is an appeal from an award of compensation by the Industrial Board based on a finding which contains the following statement, among others, that appellee “received a personal injury by an accident arising out of and in the course of his employment.” Appellant contends that this is the statement of a mere conclusion, and not the finding of an ultimate fact. The decisions on which this contention is based, in so far as they tend to sustain the same, were expressly disapproved by this court in the case of Muncie Foundry, etc., Co. v. Thompson (1919), 70 Ind. App. 157, 123 N. E. 196. The…