Pennington v. State Workmen's Compensation Commissioner

Haymond, Judge:

This is an appeal by the employer, Island Creek Coal Company, from a final order of the Workmen’s Compensation Appeal Board entered January 23, 1970, by which the board, one member dissenting, affirmed an order of the Workmen’s Compensation Commissioner entered August 14, 1969. By that order the commissioner held that the condition of the claimant, Otis V. Pennington, diagnosed as “herniated disc,” was related to the compensable injury sustained by him on February 4, 1965 and was compensable.

The question for determination is whether the evidence is sufficient to support a…