Opinion
No. 16,855.
Filed May 26, 1942.
From the Industrial Board of Indiana.
Proceedings under the Workmen's Compensation Act by Icy D. Fisher, claimant, against the City of Huntington, Indiana, employer. From an award granting compensation, the employer appealed. The case was remanded to the Appellate Court by the Supreme Court after the Appellate Court had attempted to transfer it to the Supreme Court, 220 Ind. ___, 40 N.E.2d 699. Thereafter the Supreme Court reversed the decision of the Appellate Court which held that claimant was not entitled to compensation and remanded the case to the Appellate Court for further proceedings not inconsistent with its opinion, 220 Ind. ___, 40 N.E.2d 699.
Affirmed. By the court in banc.
Mart J. O'Malley and Lawrence E. Carlson, both of Huntington, for appellant.
Bowers, Feightner Palmer, of Huntington, for appellee.
The Supreme Court having reversed the Appellate Court in the above entitled cause, the award of the Industrial Board is hereby affirmed.
The death of the appellee having been suggested to this court, the award is affirmed as of the date of submission of the cause to this court.
NOTE. — Reported in 41 N.E.2d 832.