Opinion
No. 17,708.
Filed March 17, 1948.
WORKMEN'S COMPENSATION — Proceedings to Secure Compensation — Special Answer — Findings of Fact. — Where a special answer that employee's injury was the result of a misdemeanor is filed, and evidence on the answer is introduced, it is the duty of the Industrial Board to make a finding on that issue as they must make a finding on all issues presented.
From the Industrial Board of Indiana.
Proceedings under the Workmen's Compensation Act by Mary E. Martin, claimant, for death of appellee's decedent against Hayes Freight Lines, employer. From an award granting compensation, the employer appealed.
Reversed. By the court in banc.
James V. Donodio, R. Stanley Lawton, C. Richard Fulmer, and Ross, McCord, Ice Miller, of counsel, all of Indianapolis, attorneys for appellant.
Todd and Craig, both of Indianapolis, attorneys for appellee.
Appellant appeals from an award of the Industrial Board granting compensation to appellee.
To appellee's application for compensation appellant filed a special answer asserting that the death of appellee's decedent was due to his commission of a misdemeanor. On this issue evidence was presented. However the board failed to make a finding thereon and of this omission appellant complains.
Our Supreme Court has held that it is the duty of the Industrial Board to make a finding of fact on every issue presented to it. Cole v. Sheehan Construction Company (1944), 222 Ind. 274, 53 N.E.2d 172. Language to the contrary appearing in the case of Czucko v. Golden-Gary Co., Inc. (1932), 94 Ind. App. 47, 177 N.E. 466, 179 N.E. 19, should be considered overruled.
Proceeding remanded to Industrial Board with instructions to make a finding of fact on the issue presented by appellant's special answer.
NOTE. — Reported in 77 N.E.2d 900.