Pendleton v. Flippo Construction Co.

Opinion

COLE, J.

This is an appeal from a decision of the Industrial Commission finding that Cornell Pendleton, the claimant, had not proved by a preponderance of the evidence that he suffered an injury by accident which arose out of his employment. The issue before us is whether there is sufficient credible evidence in the record to support the decision. We hold that there is and affirm.

Claimant began working for Flippo Construction Company, the employer, on June 9, 1984, and his regular duty was to shovel asphalt. On June 25, 1984, he reported to work at 7:00 a.m. After VA to 2 hours had…