Sears, Roebuck & Co. v. Moreno

I respectfully dissent to that portion of the majority’s opinion holding claimant’s right-side hernia noncompensable. I think there is competent and substantial evidence supporting the judge’s implicit finding that the hernia occurred immediately following the accident. As observed by the majority, *1321claimant testified that he felt excruciating right-side pain just after picking up a barbell during the course of his employment, and that his treating physician, upon hearing his history and examining him, diagnosed a right inguinal hernia which was surgically repaired in April 1975.

In my judgment…