Brooks v. International Furniture Co.

*307ON PETITION FOR REHEARING

Crumpacker, J.

The appellant complains of our initial opinion herein because we failed “to expressly decide and pass upon the question- duly presented in appellant’s brief as to whether or not the Full Industrial Board decided the question of whether or not appellant received personal injuries by reason of an accident arising out of and in the course of his employment by the appellee on November 25, 1945.”

We find, upon a re-examination of the record, that the date of the appellant’s alleged accident is fixed as of February 10, 1946, in his application for compensation. The undisputed evidence however indicates that he relies upon an accident which he claims occurred on November 25, 1945. It is evident that the Industrial Board, in preparing its award, used the date stated in the application and found that the appellant suffered no accident arising out of and in the course of his employment on that date and made no finding concerning an alleged accident on November 25, 1945. The appellant now insists that the award should be reversed because such finding does not dispose of the real issue in the case, to-wit, did the appellant suffer accidental injuries arising out of and in the course of his employment on November 25, 1945? The failure of the board to dispose of this issue is rendered harmless by its further finding that the injuries for which the appellant seeks compensation are “due to causes unrelated to his employment with the defendant herein.”

Other grounds for a rehearing, ably presented, concern matters discussed in our initial opinion. We remain unpersuaded of error.

Rehearing denied.

Note. — Reported in 103 N. E. 2d 221.