Tomko v. Michael's Plastering Co.

Frank Tomko filed with the Industrial Commission an application for compensation for a “slipped disc” allegedly suffered while he was employed by Michael’s Plastering Company, Inc. Commissioner Miller conducted a hearing on the application and ruled that Tomko’s alleged injury was not compensable. Upon review, the full Commission affirmed the ruling of Commissioner Miller and adopted his decision as the award of the Commission. Tomko was granted an appeal.

The evidence showed that at the time of the alleged injury to his back, Tomko was employed as a carpenter by Michael’s Plastering and was…