Josey v. Hooper Construction Co.

PEARSON, Judge.

Petitioner was the claimant below. His claim alleged that he suffered a hernia arising out of and in the course of his employ*184ment when he jumped to the ground from the track of a dragline. The Deputy Commissioner’s findings are in the form of his conclusions as follows:

“Upon consideration of all the evidence presented, the undersigned Deputy Commissioner finds:

“2. That the claimant contends the date of his alleged accident was May 3, 1957, although he did not work for Hooper Construction Company on that date.

“3. That the claimant’s average weekly wage for thirteen weeks…