Deep Rock Oil Corp. v. Betchan

1934 OK 406, 35 P.2d 905, 169 Okla. 42, 102 A.L.R. 786, 1934 Okla. LEXIS 229
CourtSupreme Court of Oklahoma
DecidedSeptember 11, 1934
Docket25324
StatusPublished
Cited by18 cases

This text of 1934 OK 406 (Deep Rock Oil Corp. v. Betchan) 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
Deep Rock Oil Corp. v. Betchan, 1934 OK 406, 35 P.2d 905, 169 Okla. 42, 102 A.L.R. 786, 1934 Okla. LEXIS 229 (Okla. 1934).

Opinion

S WIND ALL, J.

On January 8, 1934, the State industrial Commission entered the award sought to be reviewed in this proceeding, granting claimant compensation at the rate of $8 per week for permanent partial disability resulting from an injury to his back in the lower lumbar region on the right side. The portions relevant to a determination of the error asserted are as follows:

“That on the 18th day of August, 1932, the claimant was in the employment of respondent, and engaged in a hazardous occupation subject to and covered by the provisions of the Workmen’s Compensation Law, and that on said date sustained an accidental personal injury arising out of and in the course of his employment, consisting of an injury to his back. * * *

“That by reason of. said accidental injury the claimant has suffered a permanent partial disability for the performance of ordinary manual labor from and after June 5, 1933. * * *
“That by reason of said permanent partial disability the claimant has sustained a decrease in wage-earning capacity from and after June 5, 1933, from $4.32 at the time of said accidental injury, to $2.32.”

With regard to these findings petitioners herein contend:

“Proposition 1. The evidence doe's not support the finding of the State Industrial Commission that the claimant’s disability resulted from the injury received August 18, 1932, but on the other hand discloses it resulted from a combination of a pre-exist-ing disease and previous and subsequent injuries.
“Proposition '2. The Commission erred in the admission of incompetent testimony ”

*43 Claimant first received an injury to Ms back in February, 1930. While carrying a set of truck springs he slipped on an icy pavement and fell. He was temporarily disabled and was treated by Hr. Benjamin Havis, who examined him and dressed his back on several occasions up to the ISth day of February, after which he returned to work, having been off 18 to 20 days. Dr. Davis testified that at the time he considered the injury a minor back strain. Following claimant’s return he worked consistently until the date of the injury in August, 1932, for which he now seeks compensation. It appears that claimant suffered with his back at intervals of 30 to 40 days for 3 or 4 days at each attack during the 18 months between the two injuries, but he would tape his back as Dr. Davis had done and continue to work. At. the time of his injury of August 18, 1932, claimant was acting as an assistant boiler maker and doing heavy labor. !On that date he and four other men were carrying a truck bolster weighing 900 pounds across a sand floor, and he stepped on an air hose, slipped, “gave over”, but did not fall. The others carried the bolster on after claimant turned loose. Instantly claimant was unable to work. He testified that the muscles on the right side of his back near the spine and hip joint reddened, swelled, and hurt; that the injury was to the same place as, but a good deal more severe than, the one of 1930. Dr. Clifford Bassett saw claimant the next day, and on the 20th, 22nd, and 26th of August, and on the 7th of September. Twelve days after the accident August 30th, claimant returned to work, but did only the lightest work for 5 days, after which he “couldn’t go.” On the 8th of September, 1932, he was sent to Dr. Fred Y. Cronk, at Tulsa, Okla., by whom he was treated in a hospital until the 10th, and under whose care he remained until July, 1933, seeing him occasionally. Sometime between the 16th and 24th of September, 1932, an incident occurred which petitioner contends constituted a subsequent injury. Claimant’s 12-year old daughter was ill, and it became necessary to take her to the hospital in his model A Ford automobile. Dr. Gronk said when claimant saw him on the 24th he related having carried his daughter to the car and having cranked it; that he was considerably worse. Claimant denied having carried his daughter; stated that he cranked the car on that occasion and some others; admitted that he was worse, but attributed it to having been on his feet so much, and said that he did not think he hurt himself cranking the car. Claimant worked on the 16th and 11th of November, 1932, and on March 13, 1933, he began work, which he continued with the exception of 21 days until June 5, 1933, at which time he quit because, according to his testimony, he “couldn’t go, couldn’t last.” .From March 13, 1933, claimant’s work was pulling tacks out of the running boards on the side of tank cars. To do this he had to climb rungs on the sides of the cars, and he became unable to do so. He had not worked since June 5, 1933, at the date of the last hearing before the Commission. Medical examinations and X-rays show, without dis--pute among the doctors, that claimant has existing an osteoarthritie condition affecting his right sactoiliae joint; that some arthritic change had occurred prior to the time of the injury of August 18, 1932.

Petitioners contend that all or at least a part of the present disability results from the arthritic condition predating August 18, 1932, and that, therefore, the disability must be attributed to such cause not related to the injury of that date, or must be apportioned to> its constituent 'causes, the arthritis and the accidental injury, in conformity with the rule of law announced by this court in Noel v. Potts, 157 Okla. 136, 11 P. (2d) 137; Conlin Co. v. Guckian, 163 Okla. 193, 21 P. (2d) 740; and Washita County Gin Co. v. Colbert, 162 Okla. 276, 19 P. (2d) 1080. We do not think those cases govern the situation presented by the facts in the case at bar. The evidence discloses that prior to August 18, 1932, though claimant suffered periodically with his back, he had nevertheless done heavy labor for 18 months, the very circumstances of the accident showing something of its nature, and that thereafter he has been able to do nothing but the lightest work. The attending physician testified that claimant was getting worse all the time during the few weeks following the injury, and this is supported by the fact that he was sent to the hospital in Tulsa for attention after a short period of observation. Everyone concedes that the disability is real, the extent of it is not seriously disputed, and petitioners’ witnesses inferentially admit it could be the consequence of the injury. The sharp change from ability to work to inability to do so took place on the date of the accident for-which compensation is claimed, and has continued since. Dr. Davis and Dr. McComb, both for petitioners, testified that strain would aggravate an arthritic condition. This. *44 it seems to us, in the absence of further explanation, was enough to lead the Commission to conclude that the injury caused the disability. Causation need not be established with mathematical precision.

Petitioners, as we understand them, place their argument somewhat as follows: The arthritis existing is sufficient alone to cause the disability or a considerable part of it. Arthritis is a slowly developing process. X-ray pictures taken in September, 1932, and in July, 1933, show no progression in the arthritic condition. Therefore, the condition existed prior to the accident, was not aggravated by it, and caused or principally caused the disability. Sufficient answer to this, we think, lies in the fact that claimant did not have his present disability prior to the accidental injury of August 18, 1932, and did have it directly following that incident. Ur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mrs. Baird's Bakery v. Cox
2005 OK 28 (Supreme Court of Oklahoma, 2005)
Chromalloy-American. Oklahoma Division v. Wright
567 P.2d 71 (Supreme Court of Oklahoma, 1977)
Patterson Steel Company v. Stevens
1965 OK 184 (Supreme Court of Oklahoma, 1965)
Carey Furniture Appliance Company v. Carey
1961 OK 278 (Supreme Court of Oklahoma, 1961)
Marlar v. Marlar
1960 OK 110 (Supreme Court of Oklahoma, 1960)
Pure Oil Company v. Bartell
1957 OK 276 (Supreme Court of Oklahoma, 1957)
Towner v. Western Contracting Corporation
82 N.W.2d 253 (Nebraska Supreme Court, 1957)
Griffith v. Viersen Oil and Gas Company
1956 OK 278 (Supreme Court of Oklahoma, 1956)
Crescent Wharf & Warehouse Co. v. Cyr
104 F. Supp. 779 (S.D. California, 1952)
Sutton & Sutton v. Courtney
1950 OK 301 (Supreme Court of Oklahoma, 1950)
Smoke v. W. L. Cobb Construction Co.
1 Fla. Supp. 72 (Polk County Circuit Court, 1949)
Pioneer Corporation v. Kimsey
1945 OK 16 (Supreme Court of Oklahoma, 1945)
Lee Moor Contracting Co. v. Industrial Commission
143 P.2d 888 (Arizona Supreme Court, 1943)
Allen v. the Maxwell Company, Inc.
11 So. 2d 572 (Supreme Court of Florida, 1943)
Prairie Cotton Oil Co. v. State Industrial Commission
1940 OK 261 (Supreme Court of Oklahoma, 1940)
Texas Co. v. State Industrial Commission
1938 OK 487 (Supreme Court of Oklahoma, 1938)
Sinclair Prairie Oil Co. v. State Industrial Commission
1936 OK 35 (Supreme Court of Oklahoma, 1936)
Protho v. Nette
46 P.2d 943 (Supreme Court of Oklahoma, 1935)

Cite This Page — Counsel Stack

Bluebook (online)
1934 OK 406, 35 P.2d 905, 169 Okla. 42, 102 A.L.R. 786, 1934 Okla. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deep-rock-oil-corp-v-betchan-okla-1934.