Singer

Certiorari to review an award of the Industrial Accident Commission.

Petitioner was employed as a woodsman by respondent Hobart Estate Company at its mills. He was self-insured. He claimed to have suffered a hernia while in the act of prying logs apart, during the course of his employment. Application for adjustment of claim for compensation was filed with the Industrial Accident Commission. A hearing was had and the Commission found that the hernia complained of was not caused or exacerbated by injury arising out of and in the course of employment and an award was made in favor of the employer. A rehearing was asked for and denied, and the present proceeding followed. At the hearing, petitioner was' the sole witness to the facts out of which the injury arose. The only other witness was a physician employed by respondent Hobart Estate Company at its plant.

It is here claimed that the award denying compensation is without any evidence to support it. It is in substance as follows: Petitioner entered the employ of respondent Hobart Estate Company on or about the fifth day of May, 1929. His work consisted in hauling and cutting logs. On the third day of his employment he attempted…