Hawk v. Jim Hawk Chevrolet-Buick, Inc.

McGIVERIN, Justice.

Mary Jean Hawk claims workers’ compensation death benefits based upon the injury and death of her husband, James Hawk II, on September 28,1973 in a private airplane crash near the Council Bluffs airport. The main question in this appeal is whether commission of “an unusual and rash act” by an employee which results in injury causes that injury not to arise out of and in the course of the employment within the meaning of the workers’ compensation law. The deputy industrial commissioner held the death compensable. In a review decision, however, the industrial commissioner…