Delaware Trucking Co. v. Arment

• Citation: 101 Ind.App. 708,200 N.E. 714
• Decision Date: 31 March 1936
• Docket Number: No. 15662.,15662.
• Parties: DELAWARE TRUCKING CO. v. ARMENT.
• Court: Court of Appeals of Indiana

101 Ind.App. 708

200 N.E. 714

DELAWARE TRUCKING CO.

v.ARMENT.

No. 15662.

Appellate Court of Indiana, in Banc.

March 31, 1936.

Appeal from Industrial Board.

Proceedings under the Workmen's Compensation Act by Ira L. Arment, employee, opposed by the Delaware Trucking Company, employer. From an order of the Industrial Board awarding compensation, the employer appeals.

Affirmed.

Noel, Hickam, Boyd & Armstrong, and Thomas M. Scanlon, all of Indianapolis, for appellant.

John D. Hill, of Muncie, for appellee.

WOOD, Judge.

Appellant appeals from an order of a majority of the full Industrial Board awarding appellee compensation for injuries sustained as the result of an accident arising out of and in the course of his employment by appellant.

The only reason urged by appellant for a reversal of the award from which this appeal is taken is that there is a complete lack of evidence to show that at the time of the happening of the accident resulting in this injury for which appellee was awarded compensation he was in the employ of appellant.

Appellant's contention is not sustained by the record. We have carefully examined all the evidence submitted before the Industrial Board upon the hearing of this cause and find it sufficient to sustain the finding of facts upon which the award is based.

The award of the full Industrial Board is affirmed, with the statutory penalty of 5 per cent.