Davis Big Chief Mining Co. v. Hughes

Supreme Court of Oklahoma

Davis Big Chief Mining Co. v. Hughes

1936 OK 320, 56 P.2d 823, 176 Okla. 464, 1936 Okla. LEXIS 234

CourtSupreme Court of Oklahoma

DecidedApril 7, 1936

DocketNo. 26806.

StatusPublished

This text of 1936 OK 320 (Davis Big Chief Mining Co. v. Hughes) 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.

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Davis Big Chief Mining Co. v. Hughes, 1936 OK 320, 56 P.2d 823, 176 Okla. 464, 1936 Okla. LEXIS 234 (Okla. 1936).

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Opinion

PER CURIAM.

This proceeding was commenced by the petitioners to vacate an award made by the State Industrial Commission to the claimant for a ten per cent, partial permanent disability. The facts briefly are: That on the 6th day of November, 1924. claimant, while in the emp’oyment of petitioners and engaged in a hazardous occupation, suffered an injury to his back. In our opinion there is competent medical testimony supporting the award made by the commission.

However, the award was based by the commission upon an erroneous computation of amount due based upon the weekly wage, as announced by this court in Riverland Oil Co. v. Williams, 176 Okla. 448, 56 P. (2d) *465 1167, and in this respect the claimant has confessed error, stating that in so far as section 2, chapter 29, S. L. 1933, attempts to amend or supersede or repeal subdivision 3, section 13356, O. S. 1931, it is unconstitutional, and that therefore the claimant would be entitled to compensation under and by virtue of subdivision 3 supra. They ask that the cause be j eversed and remanded, with directions upon such confession of error.

The cause is therefore reversed and remanded, with directions to the State Industrial Commission to vacate the award entered and for further proceedings in accordance with this opinion.

McNEILL, C. j., and WELCH, PHELPS, CORN, and GIBSON, J.T., concur.

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PER CURIAM.

This proceeding was commenced by the petitioners to vacate an award made by the State Industrial Commission to the claimant for a ten per cent, partial permanent disability. The facts briefly are: That on the 6th day of November, 1924. claimant, while in the emp’oyment of petitioners and engaged in a hazardous occupation, suffered an injury to his back. In our opinion there is competent medical testimony supporting the award made by the commission.

However, the award was based by the commission upon an erroneous computation of amount due based upon the weekly wage, as announced by this court in Riverland Oil Co. v. Williams, 176 Okla. 448, 56 P. (2d) *465 1167, and in this respect the claimant has confessed error, stating that in so far as section 2, chapter 29, S. L. 1933, attempts to amend or supersede or repeal subdivision 3, section 13356, O. S. 1931, it is unconstitutional, and that therefore the claimant would be entitled to compensation under and by virtue of subdivision 3 supra. They ask that the cause be j eversed and remanded, with directions upon such confession of error.

The cause is therefore reversed and remanded, with directions to the State Industrial Commission to vacate the award entered and for further proceedings in accordance with this opinion.

McNEILL, C. j., and WELCH, PHELPS, CORN, and GIBSON, J.T., concur.

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1936 OK 320, 56 P.2d 823, 176 Okla. 464, 1936 Okla. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-big-chief-mining-co-v-hughes-okla-1936.

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