209 N.W. 898 | Minn. | 1926
Relator filed a petition with the Industrial Commission for compensation under the Workmen's Compensation Act. The matter was referred to a referee, testimony taken, and on September 23, 1925, the referee made and filed his findings and an order to the effect that relator suffered accidental injuries to his forehead and eyes, as above indicated, but which accident did not arise out of and in the course of his employment, and that the claim for compensation so filed by relator be disallowed. Relator appealed from such order to the commission where the matter was duly submitted upon a transcript of the evidence, proceedings had before the referee and the oral arguments of counsel. The commission approved and adopted the findings of the referee and affirmed the decision.
The case comes to this court for review by certiorari. To entitle relator to compensation, it must appear that the accidental injuries arise out of and in the course of the laborer's employment. The referee found against the relator upon this proposition and the commission, passing upon the testimony, affirmed the finding of the referee. The evidence warrants the finding which necessitates an affirmance of the order of the commission by this court. Morier v. St. P.M. M. Ry. Co.
Affirmed. *67