State, Ex Rel. v. Indus. Comm.

Welker contends that the Industrial Commission grossly abused its discretion and acted in an arbitrary manner in refusing to award him compensation on the basis of permanent and total disability, under the Workmen's Compensation Act and particularly under rule 3 of the commission's rules applicable in inoperable hernia cases.

Rule 3 reads as follows:

"If operation is contra-indicated on account of advanced age, heart disease or some other condition compensation shall be paid according to the medical proof as in other claims."

There is ample medical evidence in the record to support the…