71 Ind. App. 77 | Ind. Ct. App. | 1919
— The findings of the Industrial Board which are material in determining the questions presented in this appeal are: That on February 15, 1918, appellant company was, and prior thereto had been, engaged in the conduct of a department store; that one Samuel H. ■ Gibson was in the employment of appellant as a salesman, his work consisting chiefly in selling pianos and other musical instruments outside of the store, his only compensation .being a. specified commission on sales made by him, which commissions during the time of his employment averaged $18.53 per week; that under his employment he was subject to the direction of appellant, and was required, when requested so to do, to work inside the store; that on February 15, 1918, he was directed by appellant to take charge of the music department while the representative in charge of that department went to lunch, and by that representative was directed to remain in the store during the afternoon of that day; that, while in the store in compliance with such directions, a call came from another
Under proper assignments of error, appellant urges: (1) The insufficiency of the evidence to sustain the finding .of the Industrial Board; and (2) that the award of the board is not valid, because made by but two members thereof.
Keeping in mind the rules of law governing this court in passing upon the evidence in cases of this character (Haskell, etc., Car Co. v. Brown [1918], 67 Ind. App. 178, 117 N. E. 555), we have carefully examined the evidence, and find that there is some competent evidence to support each ultimate fact upon which the award is based.
Section 59 of the Workmen’s Compensation Act, Acts 1915 p. 392, §80201 et seg. Burns’ Supp. 1918, as amended by the act of 1917 (Acts 1917 p. 151, §8020q2 Burns’ Supp. 1918), provides that the board, by any or all of its members, may hear and determine applications for compensation, and make awards. Section 60 of said act provides that, where an award is made
There is no reversible error. Judgment affirmed.