Smith v. Zweifel

On August 1, 1934, the respondent (claimant in the State Industrial Commission) suffered a sunstroke or heatstroke while employed by petitioner Smith as a carpenter in the erection of a-schoolhouse. The commission made an award in his favor for temporary total disability, for the review of which the employer and insurance carrier have instituted this action.

Petitioners’ first contention is that there is no evidence to sustain the finding that the injury arose out of the employment. The evidence on that issue will be more readily understood if we first bring to mind the rule applicable to the…