State ex rel. Welker v. Industrial Commission

Welker contends that the Industrial Commission grossly abused its discretion and acted in *467an arbitrary manner in refusing to award him compensation on the basis of permanent and total disability, under the Workmen’s Compensation Act and particularly under rule 3 of the commission’s rules applicable in inoperable hernia cases.

Eule 3 reads as follows:

“If operation is contra-indicated on account of advanced age, heart disease or some othe;r condition compensation shall be paid according to the medical proof as in other claims.”

There is ample medical evidence in the record to support the…