Century Indemnity Co. v. Trammell

Supreme Court of Oklahoma

Century Indemnity Co. v. Trammell

1931 OK 127, 298 P. 246, 148 Okla. 194, 1931 Okla. LEXIS 840

CourtSupreme Court of Oklahoma

DecidedApril 14, 1931

Docket21715

StatusPublished

Cited by5 cases

This text of 1931 OK 127 (Century Indemnity Co. v. Trammell) 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

Century Indemnity Co. v. Trammell, 1931 OK 127, 298 P. 246, 148 Okla. 194, 1931 Okla. LEXIS 840 (Okla. 1931).

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Opinion

HEFNER, J.-

This is an original action to review the order and award of the Industrial Commission. The award -was for compensation for temporary total disability in the sum of $42 compensation and permanent disfigurement of claimant’s upper lip in the amount of $100 and compensation for permanent disfigurement by reason of loss of and damage to certain of claimant’s teeth in the amount of $400.

Four of claimant’s front teeth were knocked out in the accident. They were replaced with enamel teeth between bridges. One of his teeth was broken off near the gums. It .was filled and covered with a gold crown. Four of his teeth were slightly broken and they were crowned. All of the teeth were in the front of claimant’s mouth. Four of them were uppers and five were lowers. Claimant testified that the gums shrunk away from the teeth leaving a place between the gums and the teeth and that one of the teeth thereafter came out. He testified, that his lips felt like they were being pushed out by two of his front teeth and that his lip's protruded a few fractions of an inch. He further testified that the protrusion affected his appearance and that it was considerably greater than before the accident. His testimony further showed that he was earning $7 per day at the time of his injury.

The assignments of error are discussed by the petitioners under two propositions and they are as follows:

“1. Th‘e Commission’s findings that the claimant sustained permanent disfigurements were not supported by any evidence, and, if they were, the amounts awarded therefor were excessive.

“2. The Commission’s finding that, the average wage of the claimant was $7 per - day, and its computations of the wmekly compensation payable to him on that basis, are not supported by any evidence and are contrary to section 7289, C. O. S. 1921.”

In answer to the first proposition we may say that the plaintiff .without objection testi *195 fied to his condition. The Commission examined his teeth and his injuries. It follows that we cannot say there was no evidence on which to base the finding. The extent of the injury is a matter left to the judgment of the Commission, and we cannot say from the record in this case that the award was excessive.

As to the second proposition, the claimant testified that he was receiving $7 per day at the time of the injury. It is contended that there is no evidence in the record as to what kind of work he did during substantially the whole of the year preceding his injury. When the claimant testified .what he was receiving at the time of his injury, in the absence of any proof or showing to the contrary, we think the Commission was justified in making the award on the evidence submitted.

There being no errors to justify us in vacating the order, the prayer to vacate is denied.

LESTER, C. J., and RILEY, OULLISON, SWINDALL, ANDREWS, McNEILL, and KORNEGAY, JJ., concur. CLARK, Y. C. J., absent.

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HEFNER, J.-

This is an original action to review the order and award of the Industrial Commission. The award -was for compensation for temporary total disability in the sum of $42 compensation and permanent disfigurement of claimant’s upper lip in the amount of $100 and compensation for permanent disfigurement by reason of loss of and damage to certain of claimant’s teeth in the amount of $400.

Four of claimant’s front teeth were knocked out in the accident. They were replaced with enamel teeth between bridges. One of his teeth was broken off near the gums. It .was filled and covered with a gold crown. Four of his teeth were slightly broken and they were crowned. All of the teeth were in the front of claimant’s mouth. Four of them were uppers and five were lowers. Claimant testified that the gums shrunk away from the teeth leaving a place between the gums and the teeth and that one of the teeth thereafter came out. He testified, that his lips felt like they were being pushed out by two of his front teeth and that his lip's protruded a few fractions of an inch. He further testified that the protrusion affected his appearance and that it was considerably greater than before the accident. His testimony further showed that he was earning $7 per day at the time of his injury.

The assignments of error are discussed by the petitioners under two propositions and they are as follows:

“1. Th‘e Commission’s findings that the claimant sustained permanent disfigurements were not supported by any evidence, and, if they were, the amounts awarded therefor were excessive.

“2. The Commission’s finding that, the average wage of the claimant was $7 per - day, and its computations of the wmekly compensation payable to him on that basis, are not supported by any evidence and are contrary to section 7289, C. O. S. 1921.”

In answer to the first proposition we may say that the plaintiff .without objection testi *195 fied to his condition. The Commission examined his teeth and his injuries. It follows that we cannot say there was no evidence on which to base the finding. The extent of the injury is a matter left to the judgment of the Commission, and we cannot say from the record in this case that the award was excessive.

As to the second proposition, the claimant testified that he was receiving $7 per day at the time of the injury. It is contended that there is no evidence in the record as to what kind of work he did during substantially the whole of the year preceding his injury. When the claimant testified .what he was receiving at the time of his injury, in the absence of any proof or showing to the contrary, we think the Commission was justified in making the award on the evidence submitted.

There being no errors to justify us in vacating the order, the prayer to vacate is denied.

LESTER, C. J., and RILEY, OULLISON, SWINDALL, ANDREWS, McNEILL, and KORNEGAY, JJ., concur. CLARK, Y. C. J., absent.

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1931 OK 127, 298 P. 246, 148 Okla. 194, 1931 Okla. LEXIS 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/century-indemnity-co-v-trammell-okla-1931.

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