McPhillips v. KNOX CONSTRUCTION COMPANY, INC.

This is a workmen’s compensation case. The one judge Workmen’s Compensation Court found that the evidence was “insufficient to sustain a finding that the plaintiff suffered an accident and received an injury which arose out of and in the course of his employment.” On rehearing before the Workmen’s Compensation Court en banc the court made an identical finding and dismissed the petition. The District Court on appeal affirmed the judgment of the Workmen’s Compensation Court. The plaintiff appeals and we affirm.

The plaintiff claimed to have suffered an injury to his back in May 197Ó when in the…