Martin Marietta Corp. v. Terrell

Opinion by

Mr. Justice Day.

This is a workmen’s compensation case.

The Industrial Commission adopted the referee’s finding that “claimant did sustain an accidental injury arising out of and in the course of his employment while operating the fork lift after the solid rubber tires had been mounted; * *

The only question before this court is whether the record supports the findings of the Commission and the award of compensation.

We answer this question in the negative.

It is not disputed that claimant had a protruded inter-vertebral disc which required surgery. The plaintiffs in error assert that…