Sterling Mining Co. v. Emberty

Supreme Court of Oklahoma

Sterling Mining Co. v. Emberty

1932 OK 483, 12 P.2d 522, 158 Okla. 54, 1932 Okla. LEXIS 917

CourtSupreme Court of Oklahoma

DecidedJune 21, 1932

Docket22764

StatusPublished

This text of 1932 OK 483 (Sterling Mining Co. v. Emberty) 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

Sterling Mining Co. v. Emberty, 1932 OK 483, 12 P.2d 522, 158 Okla. 54, 1932 Okla. LEXIS 917 (Okla. 1932).

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Opinion

ANDREWS, J.

This is an original proceeding instituted by the respondent before the State Industrial Commission to review an award in favor of the claimant therein. The parties hereinafter will be referred to as petitioner and claimant, respectively.

There is competent evidence in the record reasonably tending to support the finding of the State Industrial Commission that the claimant received an accidental. personal injury arising out of and in the course of his employment with the petitioner, which resulted in temporary total disability from *55 January 10, 1931, to (Miareh 2$ 1931. The claimant testified as to the injury and there was medical testimony that he was temporarily totally, disabled for the period stated. In accordance with the statute applicable thereto, the petition to vacate the award for temporary total disability Is denied.

In addition to the award made for temporary total disability, the claimant was awarded compensation for permanent partial disability in both eyes. There is no competent evidence reasonably tending to show that that disability was permanent. For that reason the award for permanent partial loss of vision is vacated.

RILEY, HEFNER, OULLISON, SWIN-DALL, McNEILL, and KORNEGAY, JJ., concur. LESTER, O. J., and CLARK, V. O. J., absent.

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ANDREWS, J.

This is an original proceeding instituted by the respondent before the State Industrial Commission to review an award in favor of the claimant therein. The parties hereinafter will be referred to as petitioner and claimant, respectively.

There is competent evidence in the record reasonably tending to support the finding of the State Industrial Commission that the claimant received an accidental. personal injury arising out of and in the course of his employment with the petitioner, which resulted in temporary total disability from *55 January 10, 1931, to (Miareh 2$ 1931. The claimant testified as to the injury and there was medical testimony that he was temporarily totally, disabled for the period stated. In accordance with the statute applicable thereto, the petition to vacate the award for temporary total disability Is denied.

In addition to the award made for temporary total disability, the claimant was awarded compensation for permanent partial disability in both eyes. There is no competent evidence reasonably tending to show that that disability was permanent. For that reason the award for permanent partial loss of vision is vacated.

RILEY, HEFNER, OULLISON, SWIN-DALL, McNEILL, and KORNEGAY, JJ., concur. LESTER, O. J., and CLARK, V. O. J., absent.

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Bluebook (online)

1932 OK 483, 12 P.2d 522, 158 Okla. 54, 1932 Okla. LEXIS 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterling-mining-co-v-emberty-okla-1932.