75 Ind. App. 599 | Ind. Ct. App. | 1920
The findings of the Industrial Board which are material to a proper determination of the questions presented on appeal are: On December 23, 1918, appellee was in the employment of appellant company at an average weekly wage of $25.55, and on said day, by reason of an accident arising out of and in the course of his employment, received personal injuries as
“If the defendant rely upon the special defense that the injury or death of the employe was due to the wilful misconduct of the employe, including intentional self-inflicted injury, intoxication, wilful failure or refusal to use a safety appliance, wilful failure or refusal to perform a duty required by statute, or any other defense of confession and avoidance, such special defense must be pleaded by an affirmative answer at least five days before the date set for the final hearing.”
The errors assigned and presented are that the award is contrary to law and is not sustained by sufficient evidence.
The award is. affirmed.