B.K. Daniel Motor Company v. Washington

1974 OK 152, 530 P.2d 1016, 1974 Okla. LEXIS 451
CourtSupreme Court of Oklahoma
DecidedDecember 3, 1974
DocketNo. 46929
StatusPublished
Cited by4 cases

This text of 1974 OK 152 (B.K. Daniel Motor Company v. Washington) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B.K. Daniel Motor Company v. Washington, 1974 OK 152, 530 P.2d 1016, 1974 Okla. LEXIS 451 (Okla. 1974).

Opinion

SIMMS, Justice:

Claimant filed a Form Three claim for compensation in the State Industrial Court on February 16, 1973, alleging a June IS, 1972, accidental injury to claimant’s neck, head, back, and legs in a covered employment.

The employer and its insurance carrier, hereinafter referred to as respondents, admitted claimant’s employment in their answer, but denied claimant sustained accidental injury arising out of and in the course of employment. Respondent’s answer further denied claimant sustained any injuries arising out of employment.

As an affirmative defense, respondents denied having received statutory .notice pursuant to the requirements of 85 O.S. 1971, § 24, and alleged prejudice resulted from lack of notice.

Claimant, employed as a mechanic for B. K. Daniel Motor Company when the alleged accident occurred, testified he was injured when an air compressor tank exploded in the garage where he was working. The force of the explosion allegedly threw him on his back against the concrete floor, stunning him. The foreman, then in another part of the garage, heard the explosion, came to the scene to observe the resulting damage. The foreman asked claimant if claimant wanted to go to the hospital. Claimant replied, “I told him no, I didn’t want to go. I didn’t think anything was wrong with me.” Claimant was not told to work the rest of the day, but merely “sat around”, and “couldn’t have worked.”

Claimant further testified he went back to work the day after the explosion and worked until November 25, 1972. During the period from the accident on June 15, until he quit work in November, claimant “started having headaches, neck and back pains”, which claimant, at that time, attributed to a prior injury which resulted in the loss of his eye.

Claimant related he was with his foreman “every night after the accident until the time I left”, and talked to the foreman about his complaints. According to the foreman, however, there was no discussion concerning complaints of injury being [1018]*1018caused by the June 15 accident, and that claimant had often complained of headaches prior to the accident in question.

Claimant testified that on the morning of November 25, 1972, he was unable to get out of bed because of severe back pain. He remained in bed for a week, then went to a V.A. Hospital for treatment. X-rays were taken which resulted in a neck operation. Claimant later had back surgery for injuries he attributes to the accident, and still suffers pain in his back, arms, neck; and remains under a doctor’s care for the injury.

After trial, the Judge made the following findings:

“1. That claimant sustained accidental' personal injuries arising out of his employment with employer on June 15, 1972, consisting of injuries to his neck, head, back and legs.
“2. That the employer and insurance carrier suffered no prejudice by the failure of claimant to give them the 3Ü day statutory notice and that claimant’s failure to give required statutory notice is excused.
“3. That claimant had been temporarily totally disabled from November 25, 1972, to the date of the Order (September 7, 1973) and was still temporarily totally disabled and in need of medical treatment to be provided by the employer and insurance carrier.”

On appeal to the Court en banc, the trial judge’s order was modified by striking the second finding, and in lieu of Paragraph 2, the Court inserted the following:

“That claimant gave statutory notice within 30 days after he discovered his condition was a result of and due to his accidental injury of June 15, 1972.”

The Order on Appeal affirmed all other findings of the trial judge.

Respondents filed Petition for Review, alleging the State Industrial Court erred in its finding's concerning: (1) statutorily required notice; (2) that claimant sustained an accident in the course of his employment which resulted in the alleged injuries; (3) that claimant was still temporarily disabled; and (4) the trial court orders are vague and indefinite.

The first issue is whether the Industrial Court was correct in finding the notice provisions of 85 O.S.1971, § 24 have been satisfied by claimant.

Section 24, supra, requires an injured claimant to give written notice of the injury within 30 days after its occurrence.

Before the failure to give written notice can be excused by the Industrial Court, it must be shown by the claimant either:

(1) actual notice of the accident and injury was given the' employer; or,
(2) there were circumstances justifying excusing the failure to give notice within 30 days; or,
(3) no prejudice was suffered by employer or his insurance carrier as a result of the failure to give notice.
Capital Steel & Iron Co. v. Austin, Okl., 519 P.2d 1364 (1974).

It has been held by this Court that the purposes of statutory notice are:

(1) In order that the employer or insurance carrier may make a timely investigation of the cause of the accident and nature and extent of the injury, if any; and,
(2) To allow the employer to furnish prompt medical treatment to prevent or minimize the disability from the injury.

City of Ardmore v. Wickware, Okl., 297 P.2d 1088 (1956); Capitol Steel and Iron Co. v. Austin, supra.

Claimant first argues that the statutorily required notice was given within 30 days after he discovered his injuries were caused by the June 15, 1972 accident, in accordance with the findings of the Court en banc. Second, claimant argues that if no notice was given, claimant was excused" since there was no prejudice to the employer or insurance carrier, in accordance with the findings of the trial court.

There is competent evidence to support a finding that even if notice was not [1019]*1019given within thirty days, there was no prejudice to employer or the insurance carrier. According to the claimant’s foreman, an investigation of the accident was made by both the employer and the insurance carrier.

The testimony reveals the insurance carrier’s investigation was to determine liability under the workmen’s compensation policy. Claimant also presented medical evidence to the effect that the injuries were not worsened by the fact medical treatment was delayed until after the thirty day period. In fact, claimant’s doctor testified early treatment would not have helped claimant and that an operation on the ruptured disc would have still been necessary.

Likewise, the finding of the Court en banc that notice was given within thirty days after claimant discovered his injuries were the result of the June 15th accident is supported by the evidence. Claimant testified he initially did not think he was injured as a result of the explosion, but that headaches he had experienced from the prior eye injury had become more frequent and more severe. He testified that when he quit work on November 25th because his back and neck were giving him trouble he also attributed to the eye injury.

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Bluebook (online)
1974 OK 152, 530 P.2d 1016, 1974 Okla. LEXIS 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bk-daniel-motor-company-v-washington-okla-1974.