Wuest v. Wuest

The petitioners, the employer and the insurance carrier, seek to annul an award to Manuel Miguel of compensation for temporary total disability. The sole question to be decided concerns the sufficiency of the evidence before the commission to sustain the finding that "Manuel Miguel. .. sustained injury arising out of and occurring in the course of his employment." Although the original application before the commission, which was filed by the employer, alleged the basic issue to be "horseplay," the evidence before the referee and upon rehearing presented the fundamental jurisdictional