Baldwin v. Big X Drilling Co., 37822

• Decision Date: 04 March 1958
• Docket Number: No. 37822,37822
• Citation: 322 P.2d 647
• Parties: Hiawatha BALDWIN, Plaintiff in Error, v. BIG X DRILLING COMPANY, Inc., a Corporation, Defendant in Error.
• Court: Oklahoma Supreme Court

Page 647

322 P.2d 647

1958 OK 56

Hiawatha BALDWIN, Plaintiff in Error, v. BIG X DRILLING COMPANY, Inc., a Corporation, Defendant in Error.

No. 37822.

Supreme Court of Oklahoma.

March 4, 1958.

Syllabus by the Court

Liability of the principal employer under the terms of the Workmen's Compensation Law of this State to provide compensation for injuries to an employee of an independent contractor, performing work which was necessarily connected with, and incident to the business of the principal employer, is exclusive and such employee is without right to maintain action in tort against the principal employer on account of such injuries.

Appeal from the District Court of Oklahoma County; W. R. Wallace, Jr., Judge.

Action by Hiawatha Baldwin against Big X Drilling Company for damage for personal injuries. From adverse judgment plaintiff appeals. Affirmed.

Maurice Nagle, Gerald Spencer, Oklahoma City, for plaintiff in error.

Mart Brown, Oklahoma City, for defendant in error.

CORN, Vice Chief Justice.

The plaintiff brought this action against the defendant for damages for personal injuries resulting from the defendant's alleged negligence. The trial court determined it was without jurisdiction, and entered judgment for the defendant.

There is no controversy as to the facts. The defendant was tearing down its rig when it found that the A-frame of the rig must be welded before it could proceed. It employed Huntsinger and Son Welding & Machine Shop to do the work.

Huntsinger and Son Welding & Machine Shop carried on a hazardous business within the purview of the Workmen's Compensation Act and had complied therewith.

The plaintiff was employed by Huntsinger and Son Welding & Machine Shop as a welder. It sent him to the defendant's rig to do the required welding.

The plaintiff went upon the rig of defendant and was proceeding with the welding job when he received an accidental injury by reason of the alleged negligence of the defendant.

Plaintiff filed a claim against Huntsinger and Son Welding & Machine Shop for compensation for his resultant disability before the Industrial Commission. His claim was settled on joint petition and the award paid.

We have held that the effect of 85 O.S.1951 §§ 11 & 12 is to declare that in hazardous employments as defined by the Workmen's Compensation Law the principal employer is not liable in tort for an accidental injury occurring to an employee of an independent contractor in the course of his employment. Mid-Continent Pipe Line Co. v. Wilkerson, 200 Okl. 335, 193 P.2d 586; Jordon v. Champlin Refining Co., 200 Okl. 604, 198 P.2d 408.

We have also held in effect that in such a case the work performed by the independent contractor must be an integral part of work necessary in the conducting of the principal employer's business. Horwitz Iron & Metal Co. v. Myler, 207 Okl. 691, 252 P.2d 475; McDuffie v. Nash Neon Sign Co., 202 Okl. 568, 215 P.2d 839. If it is not an integral part of the principal's business such principal is not secondarily liable under the Workmen's Compensation Law, and the injured employee's right to maintain a common law action for negligence against the principal employer for damages by reason of the resulting disability is not abrogated by said Workmen's Compensation Law. 85 O.S.1951 § 1 et seq.; Horwitz Iron & Metal Co. v. Myler, supra.

The plaintiff contends that the welding of the A-frame was not necessarily connected with and incident to the business of the defendant, the drilling of wells, and therefore it was not secondarily liable under the Act, and plaintiff's right to maintain an action in tort against it was not abrogated by said Workmen's...