110 S.E.2d 851 | S.C. | 1959
This is a workmen’s compensation case, and the only issue that we need determine is whether there is any evidence reasonably warranting the inference that respondent’s injury arose out of and in the course of his employment.
The essential facts are few and undisputed. Respondent was in the employ of Jones-Wilson, Inc., as a mortar mixer on a construction job at a school located on U. S. Highway No. 25 in Greenville County. His duties required him to be on the job by 7:30 a. m. in order to have the mortar
Upon these facts the hearing commissioner denied com-, pensation. On appeal the full commission, by a three-two division, vacated his order and awarded compensation; and that award was affirmed by the circuit judge, from whose order comes this appeal.
We need not determine whether the evidence here' affords reasonable warrant for the commission’s finding, repeated in the circuit decree, that “the defendant-employer adopted the school yard as a part of its work premises.” Accidental injury is not rendered compensable by the mere fact that it occurred on the employer’s premises. The claimant must show also that the accident was connected with or incident to the performance of the duties of employment. Sullivan’s Next of Kin v. Greenville Auto Sales, 208 S. C. 68, 36 S. E. (2d) 801; Bridges v. Elite, Inc., 212 S. C. 514, 48 S. E. (2d) 497; Crawley v. T. G. Griggs Trucking Co., 225 S. C. 154, 81 S. E. (2d) 41; Bagwell v. Ernest Burwell, Inc., 227 S. C. 444, 88 S. E. (2d) 611; Brady v. Sacony of St. Matthews, 232 S. C. 84, 101 S. E. (2d) 50.
Reversed.