PHELPS, Justice.
This case comes to us on certiorari. The facts are that on March 10, 1952, Clarence F. Stallard who will hereinafter be referred to as deceased, sustained an injury by accident arising out of and in the course of his employment with Goettl Brothers. The employer was insured with the state fund. On April 3 following, the commission made its preliminary findings and award determining deceased was entitled to receive "accident benefits and compensation...
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