Ash v. Great Lakes Greyhound Lines

Carr, J..

Plaintiff received an award of compensation for disability resulting from hernia. Defendants have appealed, asserting that there was no evidence before the workmen’s compensation commission on which to base a finding that such hernia was recent in origin or that it resulted from strain arising out of and in the course of plaintiff’s employment. Reliance is placed on the following proviso appearing in part 7, § 1(c) (CL 1948, § 417.1 [Stat Ann 1950 Rev § 17.220]), of the workmen’s compensation law : *

“Provided, however, That a hernia to be compensable must be clearly recent in origin…