Herring v. Safeway Stores, Inc.

SOMERVILLE, Judge.

Employee’s claim for compensation under The Workmen’s Compensation Law was denied by the Referee, the Industrial Commission and the Circuit Court. Employee has appealed.

Employee, approximately two days per week, as part of his regular duties for employer, was required to assist in unloading milk trucks and stacking milk containers (weighing approximately sixty to sixty-five pounds) in a walk-in cooler. On June 21, 1967, while stacking milk containers at a height of about “eye level”, the following, in employee’s own words, occurred: “ * * * as I picked it up, pulled and…