Watchorn Oil Co. v. Pendergrass
This text of 1936 OK 139 (Watchorn Oil Co. v. Pendergrass) 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.
Opinion
Watchorn Oil Company, the employer, and its insurance carrier, hereinafter referred to as petitioners, petition this court for a review of an award of the Stare Industrial Commission in favor of H. Pend-ergrass, 'an injured employee, hereinafter referred to as respondent.
No issue concerning the respondent’s right to receive compensation is raised, the contentions made going only to the interpretation and application of the law to the admitted facts.
The respondent was paid compensation for •a temporary total disability for a period of time, and the commission then had a hearing to determine the respondent’s status and to award compensation accordingly. It was found that the healing period was completed and that the respondent was suffering a 20 per cent, permanent partial disability due to the injuries to his back and hip, which injuries are classified and compensated for under the “other eases” clause of section 13356, O. S. 1931.
The commission fixed and determined the amount of the 'award, or the period over which it was run, according to the provisions of section 2, chapter 29-, g. L. 1933; that is to say, they awarded him 20 per cent, of total permanent disability or 100 weeks’ compensation, instead of determining the loss in his wage-earning capacity and awarding according to section 13356, supra.
This' ease is controlled by our opinion in No. 25521, Riverland Oil Oo. v. Williams, 176 Okla. 448, 56 P. (2d) 1167, and it is unnecessary for us to set out herein the reasoning which we gave in that case." The award of the commission in this casé-is vacated and the matter is remanded to the Industrial Commission to award compensation to the respondent herein in keeping with the rule which we laid down in the above case.
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Cite This Page — Counsel Stack
1936 OK 139, 56 P.2d 1170, 177 Okla. 21, 1936 Okla. LEXIS 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watchorn-oil-co-v-pendergrass-okla-1936.