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BRALLEY v. DAUGHERTY

No. 79-526.

61 Ohio St. 2d 302 (1980)

BRALLEY, APPELLEE, v. DAUGHERTY, ADMR., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 12, 1980.

Attorney(s) appearing for the Case

Messrs. Larrimer & Larrimer, Mr. Craig Aalyson and Mr. Kenneth M. Mortimer, for appellee.

Mr. William J. Brown, attorney general, and Mr. Solomon H. Basch, for appellants Administrator and Industrial Commission.

Messrs. Vorys, Sater, Seymour & Pease, Mr. Thomas M. Taggart and Mr. Robert A. Minor, for appellant Larsan Mfg. Co.

Per Curiam.

An injury sustained by an employee is compensable under the Workers' Compensation Act only if it was "received in the course of, and arising out of, the injured employee's employment." R. C. 4123.01(C); R. C. 4123.54; Fassig v. State, ex rel. Turner (1917), 95 Ohio St. 232.

The test of the right to participate in the Workers' Compensation Fund is not whether there was any fault or neglect on the part of the employer or his...

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