Slate v. . Laundry

Connor, J.

Tbe judgment of tbe Superior Court in tbis proceeding is reversed on tbe authority of Richey v. Erlanger Cotton Mills, ante, 595.

Tbe statutory provisions with respect to compensation for a hernia are to tbe effect that no compensation can be allowed unless tbe five requisite facts are definitely proven to tbe satisfaction of tbe Industrial Commission. Whether or not, tbe evidence at tbe bearing of a proceed ing for compensation for a bernia meets the statutory requirement is a question addressed exclusively to tbe Commission. Where there is evidence tending to prove these facts, an award of compensation made by the Commission must he affirmed on an appeal to the Superior Court; if compensation is not allowed because the evidence in the opinion of the Commission does not meet the statutory requirement, the award denying compensation must be affirmed. It is only when there was no evidence at the hearing before the Commission to support an award of compensation for a hernia, that the judge of the Superior Court has the power to set aside and vacate the award. It is only in such eases that a matter of law is involved, which may be passed upon by the judge on an appeal from the award of the Commission. The judgment in this proceeding must be

Reversed.