Cost v. Texaco, Inc.

DREW, Justice.

Upon a review of the record in this workmen’s compensation proceeding the Com*438mission held “the deputy commissioner is correct insofar as finding that the claimant suffered an injury arising out of and in the course of his employment” when he picked up a heavy tire without assistance, and that the injury ultimately resulted in a hernia. All of the requisite elements under F.S. Sec. 440.15(6), F.S.A. were found to be present except the requirement that the hernia must immediately follow the accident, which was held to be negated by claimant’s testimony that he did not notice a…