Garcia v. Industrial Commission

OPINION

HAIRE, Chief Judge, Division 1.

On this review of an award entered by the Industrial Commission’s hearing officer in a workmen’s compensation proceeding, the Court is faced with an unusually difficult question as to whether the award can be sustained in view of the record and the hearing officer’s findings presented to us.

Without question, the petitioner (claimant) sustained a compensable injury to his back on March 24, 1974, while lifting a nursery tree planted in a five gallon container. The respondent carrier recognized the claim as compensable, and medical benefits together with…