Ardmore Paint & Oil Products Co. v. State Indus. Com'n

• Decision Date: 17 March 1925
• Docket Number: 14864.
• Parties: ARDMORE PAINT & OIL PRODUCTS CO. et al. v. STATE INDUSTRIAL COMMISSION et al.
• Court: Oklahoma Supreme Court

234 P. 582

109 Okla. 81, 1925 OK 200

ARDMORE PAINT & OIL PRODUCTS CO. et al. v. STATE INDUSTRIAL COMMISSION et al.

No. 14864.

Supreme Court of Oklahoma

March 17, 1925

Syllabus by the Court.

The second and third paragraphs of the syllabus in the case of Ohio Drilling Co. v. State Industrial Commission et al., 86 Okl. 139, 207 P. 314, 25 A. L. R. 367, are adopted as the syllabus of this case.

Commissioners' Opinion, Division No. 3.

Appeal from State Industrial Commission.

Proceeding under the Workmen's Compensation Law (Laws 1915, c. 246) by Willis J. Stoneburner for compensation for injuries opposed by the Ardmore Paint & Oil Products Company employer, and the Maryland Casualty Company, insurer. From an order of the Industrial Commission awarding compensation to claimant, the employer and the insurer appeal. Affirmed.

Ross & Thurman and Samuel J. Clay, all of Oklahoma City, for petitioners.

Fred Davis, of Oklahoma City, and Lloyd C. O'Dell, of Ardmore for respondent Stoneburner.

George F. Short, Atty. Gen., and Baxter Taylor, Asst. Atty. Gen for respondent State Industrial Commission.

THREADGILL C.

The petitioners have appealed from an order of the Industrial Commission awarding compensation to the claimant, Willis J. Stoneburner, on account of injuries sustained by him on October 4, 1922, while in the employ of the Ardmore Paint & Oil Products Company, a partnership. Omitting the caption, the order was as follows:

"Now on this 16th day of October, 1923, this cause comes on to be determined on the claimant's claim for compensation for an injury which he alleges occurred to him while in the employment of the Ardmore Paint & Oil Products Company on October 4, 1922; and the Commission, having considered the testimony taken at a regular hearing at Ardmore, Okl., on September 11, 1923, before a member of the Commission, to determine liability and extent of disability at which hearing the claimant appeared in person, and the respondent and insurance carrier were represented by J. S. Ross, of Oklahoma City, and having examined all the records on file in said cause and being otherwise well and sufficiently advised in the premises, finds the following facts:

I. That the claimant herein was in the employment of the Ardmore Paint & Oil Products Company, and was engaged in a hazardous occupation within the meaning of the statute, and that while in the employment of said respondent, and in the course of his employment, the claimant sustained an accidental injury on the 4th day of October, 1922, when he was burned in a gas explosion.

II. That as a result of said accident the claimant sustained burns to the head, face, hands, and body, and, as a result of such injuries, the claimant was temporarily totally disabled from performing his work from October 4, 1922, to April 1, 1923, a period of 25 weeks and 4 days; the commission further finds that the nature of the permanent injury to claimant's hands is such that the extent thereof cannot be determined at this time.

III. That the respondent had proper

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