Oklahoma Brass & Iron Works v. Menefee

Supreme Court of Oklahoma

Oklahoma Brass & Iron Works v. Menefee

1933 OK 96, 19 P.2d 149, 162 Okla. 74, 1933 Okla. LEXIS 500

CourtSupreme Court of Oklahoma

DecidedFebruary 14, 1933

Docket23298

StatusPublished

This text of 1933 OK 96 (Oklahoma Brass & Iron Works v. Menefee) 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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Oklahoma Brass & Iron Works v. Menefee, 1933 OK 96, 19 P.2d 149, 162 Okla. 74, 1933 Okla. LEXIS 500 (Okla. 1933).

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Opinion

ANDREWS, J.

This is an original proceeding to review an award of the State Industrial Commission, the respondent having appealed to this court.

It is contended herein that there was no evidence to sustain the finding that the claimant sustained an accidental personal injury. The evidence shows that the claimant was injured while attempting to lift a piece of iron which weighed three or four hundred pounds, thereby causing a strain in his back. There was medical testimony to the effect that that strain resulted in a serious physical injury. The decision in Texas Pipe Line Co. et al. v. Watson et al., 158 Okla. 44, 12 P. (2d) 521, related to a different state of facts. It is not controlling.

It is contended that there was no evidence to support the finding as to actual notice of the injury and lack of prejudice from failure to give written notice thereof. There was competent evidence tending to show that the employer had actual notice of the injury the day after the injury and that no prejudice resulted from a failure to give written notice thereof.

It is contended that there was no evidence showing that the claimant sustained any disability duo to the injury. A doctor testified that the physical condition which he found by examination was caused by some sort of an injury.

We find no error in the award, and it is in all things affirmed.

RILEY, C. X, CULLISON, Y. C. J., and SWINDALL, OSBORN. BAYLESS, BUSBY, and WELCH, JJ.. concur. McNEILL, J., absent.

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ANDREWS, J.

This is an original proceeding to review an award of the State Industrial Commission, the respondent having appealed to this court.

It is contended herein that there was no evidence to sustain the finding that the claimant sustained an accidental personal injury. The evidence shows that the claimant was injured while attempting to lift a piece of iron which weighed three or four hundred pounds, thereby causing a strain in his back. There was medical testimony to the effect that that strain resulted in a serious physical injury. The decision in Texas Pipe Line Co. et al. v. Watson et al., 158 Okla. 44, 12 P. (2d) 521, related to a different state of facts. It is not controlling.

It is contended that there was no evidence to support the finding as to actual notice of the injury and lack of prejudice from failure to give written notice thereof. There was competent evidence tending to show that the employer had actual notice of the injury the day after the injury and that no prejudice resulted from a failure to give written notice thereof.

It is contended that there was no evidence showing that the claimant sustained any disability duo to the injury. A doctor testified that the physical condition which he found by examination was caused by some sort of an injury.

We find no error in the award, and it is in all things affirmed.

RILEY, C. X, CULLISON, Y. C. J., and SWINDALL, OSBORN. BAYLESS, BUSBY, and WELCH, JJ.. concur. McNEILL, J., absent.

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1933 OK 96, 19 P.2d 149, 162 Okla. 74, 1933 Okla. LEXIS 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-brass-iron-works-v-menefee-okla-1933.

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