Wiseman v. Industrial Accident Commission

I dissent.

The respondent commission made a finding that “Said employee did not sustain an injury arising out of and occurring in the course of employment on October 5, 1952.” The majority opinion annuls the award based upon that finding and necessarily holds, as a matter of law, that the injury was one “arising out of” and “proximately caused” by the employment. (Lab. Code, § 3600.) In my opinion, the evidence clearly indicates that the injury arose out of, and was proximately caused by, an alcoholic and adulterous debauch while the employee was engaged in “a frolic of his own,” and that it…