pain in his back and was treated by Dr. Oakes regularly thereafter until November 16, 1970, at which time he reached maximum recovery.
Prior to claimant's injury of February 18, 1970, he had sustained injuries in 1963 and 1964 involving his neck or the cervical spine and the thoracic spine. However, these injuries did not involve the low back or lumbar spine, (the area injured in 1970). These injuries occurred while claimant was employed by the City of Amory, Mississippi, as a policeman and claims for benefits under the Workmen's Compensation Act were presented to the commission for these previous injuries in Cause No. 63 XXXXX-XXXX and in Cause No. 64 XXXXX-XXXX. The commission by order dated June 4, 1965, found claimant to be permanently and totally disabled withinto his preexisting condition.

ON DIRECT APPEAL
The question presented on direct appeal is whether the commission had substantial evidence before it upon which to base its finding that ninety percent of claimant's present wage earning loss and permanent total disability was due to a preexisting condition.
The employer-carrier (appellee) did not present any witnesses to testify that claimant had a preexisting condition which was a material contributing factor to his loss of wage earning capacity following the injury on February 18, 1970. Instead, they introduced into evidence the complete record of the prior workmen's compensation proceedings involving the 1963 and 1964 injuries which resulted in the order of June 4, 1965, and contend that once the preexisting handicap of one hundred percent was conclusively proved by an adjudication in 1965,