Atl. Ref. Co. v. Allen

• Decision Date: 28 February 1939
• Docket Number: Case Number: 28651
• Citation: 90 P.2d 659,185 Okla. 194,1939 OK 116
• Court: Oklahoma Supreme Court
• Parties: ATLANTIC REFINING CO. v. ALLEN et al.

1939 OK 116

90 P.2d 659

185 Okla. 194

ATLANTIC REFINING CO. v. ALLEN et al.

Case Number: 28651

Supreme Court of Oklahoma

Decided: February 28, 1939

Syllabus

¶0 1. WORKMEN'S COMPENSATION--Review of Awards by Court--Sufficiency of Expert Evidence to Prove Cause and Extent of Disability.

Where, in a proceeding before the Industrial Commission, the disability alleged to exist is of such character as to require skilled and professional men to determine the cause and extent thereof, the question is one of science and must necessarily be proved by the testimony of skilled professional persons, and a finding of fact based thereon, when reasonably supported, will not be disturbed.

2. SAME--Sufficiency of Employer's Notice or Knowledge of Contributing Causes of Injury.

Where a compensable injury resulting from one or more of a number of contributing causes has been reported, or the respondent has knowledge thereof, and the cause is one of science, the respondent is bound by notice or knowledge of such injury resulting from any contributing cause.

Original action in the Supreme Court by the Atlantic Refining Company to review an award of the State industrial Commission in favor of John E. Allen. Award affirmed.

Charles B. Ellard, Miley, Hoffman, Williams, France & Johnson, and Charles H. France, for petitioner.

Tom C. Waldrep and Clarence Tankersley, for respondents.

CORN, J.

¶1 This an original action in this court in which a. review is sought of an award made by the Industrial Commission in favor of the claimant and against the respondent, referring to the parties as they appeared in the proceedings before the Industrial Commission.

¶2 The contention of the respondent goes to the sufficiency of the evidence to sustain the findings of fact by the Industrial Commission that the claimant sustained an accidental personal injury, arising out of and in the course of his employment, to wit: lnhalation of gas fumes and head injury, resulting in permanent and total disability; also the sufficiency of the evidence to sustain the finding of fact that the respondent had actual notice of the injury and that its rights were not prejudiced by failure to give notice within 30 days.

¶3 The record discloses that the claimant had been in the employ of the respondent for some five or six years prior to November 4, 1937, on which date he was subjected to and inhaled gas fumes while working on a gas line and sustained a fall while attempting to crank an engine; falling backward and striking his head upon the cement floor of the engine room. He suffered during that day and on five succeeding days with periodical attacks which were manifested by a tingling sensation in Ids arm and leg and a general physical weakness. At the time lie thought that the fall was of no consequence, except that it caused a crick in his neck. He attributed his condition to the inhalation of gas. On the morning of November 10, 1937, he started to his work, but between his residence and his automobile lie had a more serious attack than any lie had previously suffered, and for that reason returned to his residence. He instructed his wife to notify the respondent concerning his condition and to request respondent to furnish him medical attention and to send another man to perform his work. Acting upon this notice and request, respondent's superintendent, Mr. Harry Armstrong, sent one of respondent's employees to take claimant to a physician, and another to take over claimant's work. That afternoon Mr. Armstrong visited the hospital, the attending physician and the claimant, at which time he was informed by the physician that the claimant had sustained a lesion in the brain and that lie did not know the cause of the lesion. Mr....