Dyer Construction Company v. Stokely

Supreme Court of Oklahoma

Dyer Construction Company v. Stokely

1973 OK 79, 512 P.2d 112, 1973 Okla. LEXIS 367

CourtSupreme Court of Oklahoma

DecidedJuly 3, 1973

DocketNo. 45763

StatusPublished

Cited by1 cases

This text of 1973 OK 79 (Dyer Construction Company v. Stokely) 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

Dyer Construction Company v. Stokely, 1973 OK 79, 512 P.2d 112, 1973 Okla. LEXIS 367 (Okla. 1973).

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Opinion

WILLIAMS, Vice Chief Justice.

Respondent, claimant below, was awarded percentage permanent total disability to the body as a whole, from accidental injuries received June 22, 1970, in a covered employment, which necessitated surgical procedures. That order was not appealed and became final. On November 10, 1971 claimant moved to reopen the case on ground of change of condition. After hearing the trial judge entered an order (March 7, 1972) finding change of condition for worse, and awarded an increase of 20% permanent partial disability to the body as a whole. After en banc affirmance of this order, petitioner brought this petition for review.

Petitioners advance three contentions as grounds for vacation of the order, or alternatively for remand of the cause for further evidentiary proceedings. Petitioners attack competency of medical evidence to support finding change of condition, and insist their medical evidence is clear and unequivocal as against claimant’s, which is categorized as confusing, inconsistent, and not subject to judicial interpretation. Each contention and accompanying argument involves petitioner’s interpretation of weight and credibility of expert testimony.

Other than for reference to State Industrial Court Rules, of which this Court takes judicial notice, 75 O.S.1971 § 252, petitioners’ argument is unsupported by any citation of authority. Assignments of error will not be considered favorably under these circumstances where, without further research, it does not appear they are well taken. O. K. Iron & Metal Co. v. Sandoval (Okl.) 434 P.2d 247. Credibility and weight accorded testimony of medical witnesses is for State Industrial Court, and will not be disturbed if supported by reasonable competent evidence. Blue Bell, Inc. v. Owens (Okl.) 463 P.2d 969.

Award sustained.

DAVISON, C. J., and BERRY, HODGES, LAVENDER, BARNES, SIMMS and DOOLIN, JJ., concur.

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WILLIAMS, Vice Chief Justice.

Respondent, claimant below, was awarded percentage permanent total disability to the body as a whole, from accidental injuries received June 22, 1970, in a covered employment, which necessitated surgical procedures. That order was not appealed and became final. On November 10, 1971 claimant moved to reopen the case on ground of change of condition. After hearing the trial judge entered an order (March 7, 1972) finding change of condition for worse, and awarded an increase of 20% permanent partial disability to the body as a whole. After en banc affirmance of this order, petitioner brought this petition for review.

Petitioners advance three contentions as grounds for vacation of the order, or alternatively for remand of the cause for further evidentiary proceedings. Petitioners attack competency of medical evidence to support finding change of condition, and insist their medical evidence is clear and unequivocal as against claimant’s, which is categorized as confusing, inconsistent, and not subject to judicial interpretation. Each contention and accompanying argument involves petitioner’s interpretation of weight and credibility of expert testimony.

Other than for reference to State Industrial Court Rules, of which this Court takes judicial notice, 75 O.S.1971 § 252, petitioners’ argument is unsupported by any citation of authority. Assignments of error will not be considered favorably under these circumstances where, without further research, it does not appear they are well taken. O. K. Iron & Metal Co. v. Sandoval (Okl.) 434 P.2d 247. Credibility and weight accorded testimony of medical witnesses is for State Industrial Court, and will not be disturbed if supported by reasonable competent evidence. Blue Bell, Inc. v. Owens (Okl.) 463 P.2d 969.

Award sustained.

DAVISON, C. J., and BERRY, HODGES, LAVENDER, BARNES, SIMMS and DOOLIN, JJ., concur.

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1973 OK 79, 512 P.2d 112, 1973 Okla. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyer-construction-company-v-stokely-okla-1973.

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