Sherrill & La Follette v. Herring

I am in accord with the majority’s holding that the facts of the case bring the petitioners within the compulsory provisions of the Workmen’s Compensation Act, hence, I agree the commission did have jurisdiction to enter an award. But I do not agree that the commission, without a more detailed finding, was justified in awarding Herring’s dependents “death benefits”.

*339There was one serious conflict in the evidence which the majority appears to consider of no legal significance. Employer Sherrill positively testified that while at home to lunch he talked to Herring in Queen Creek at 1:15 or 1:30…