Rooks v. IDEAL CEMENT COMPANY

Appellant’s main assignment of error is that the findings of fact and conclusions of law and award as made by Deputy Commissioner Delbridge and affirmed by the Full Commission are not supported by competent evidence. More specifically, appellant contends that Deputy Commissioner Delbridge’s finding of fact No. 4 was based upon a letter of one Dr. Dineen which was hearsay and incompetent. Consequently, he argues that the opinion and award of Deputy Commissioner Delbridge was not based on competent evidence.

Appellant stipulated that Dr. Dineen’s letter could be used in evidence; he is therefore…