Board of Commissioners of Henry County v. Dudley

Concurring and Dissenting Opinion

White, J.,

— The only issues of fact before the board were whether (1) plaintiff’s appellee Dudley was intoxicated at the time of his injury and, if so, (2) whether his injury was due to such intoxication. Ind. Ann. Stat. § 22-3-2-8 (Burns Code Ed., 1974) provides that if the defendant sustains the burden of proving the affirmative of both these issues no compensation shall be allowed.

The Industrial Board made no findings of fact, either general or special, on those issues. It merely recited the evidence relevant thereto. It thus failed to execute the mandate…