Barnsdall Oil Co. v. State Indus. Com'n

• Decision Date: 24 November 1936
• Docket Number: 27419.
• Citation: 62 P.2d 655,178 Okla. 242,1936 OK 729
• Parties: BARNSDALL OIL CO. v. STATE INDUSTRIAL COMMISSION et al.
• Court: Oklahoma Supreme Court

62 P.2d 655

178 Okla. 242, 1936 OK 729

BARNSDALL OIL CO. v. STATE INDUSTRIAL COMMISSION et al.

No. 27419.

Supreme Court of Oklahoma

November 24, 1936

Syllabus by the Court.

Under the provisions of section 7290, C. O.S.1921, as amended by chapter 61, § 6, Session Laws 1923 (13356, O.S.1931), in the case of an injury resulting in hernia, compensation is limited to eight weeks and the cost of an operation, unless the hernia results in a total permanent disability, in which event compensation may be awarded for total permanent disability.

Review of Award of State Industrial Commission.

Proceeding under the Workmen's Compensation Act by C. C. Voris claimant, opposed by the Barnsdall Oil Company, employer. From an award of the State Industrial Commission granting additional compensation, the employer appeals.

Award vacated, and cause remanded, with directions.

M. D Kirk and W. M. Fleetwood, Jr., both of Tulsa, for petitioner.

Jameson Gray & McMahon and O. C. Essman, all of Tulsa, for respondents.

CORN Justice.

On March 21, 1934, C. C. Voris, while in the employ of the Barnsdall Oil Company, petitioner, allegedly sustained an accidental injury, which has been at all times referred to by each of the parties herein and the State Industrial Commission as a "hernia on left side," or "left inguinal hernia."

On January 19, 1935, a stipulation and receipt was entered into on "Form 7" and was executed by the claimant Voris and this petitioner; on the basis of said stipulation and receipt, the Industrial Commission entered its order under date of February 21, 1935, approving said stipulation, and finding that the claimant had received eight weeks' compensation for temporary total disability resulting from his hernia. This order of the commission includes the following statement: "It is therefore ordered * * * that the case be closed as to temporary total disability; the amount of permanent disability, if any, to be hereafter determined."

On March 16, 1936, claimant filed his motion to reopen the case on the grounds of a change of condition, and after several hearings and an oral argument before the State Industrial Commission, the commission entered an order on July 31, 1936 which was filed on August 6, 1936, by virtue of which order the commission found that the claimant had suffered a "left inguinal hernia" on March 21, 1934; he had been operated for said hernia and paid wages in lieu of compensation, and had filed his motion to reopen the case on the grounds of a change of condition. The commission then found that: "* * * claimant has had a change of condition and is now temporarily totally disabled and has so been since March 16, 1936, and in need of medical care, as evidenced by the medical testimony."

The commission then ordered the respondent, Barnsdall Oil Company, to pay the claimant $366 which was the compensation due him under the order at the rate of $18 per week from March 16, 1936, to August 5, 1936. The commission further ordered the petitioner, Barnsdall Oil Company, to continue the payment of compensation at the rate of $18 per week, and to tender the claimant medical care while he was temporarily disabled as a result of said injury.

It is from the order of the commission last described that this appeal has been perfected.

The situation of which this petitioner now complains, may be briefly summarized as being one in which an injured man allegedly received a hernia in an accident, for which hernia he was paid eight weeks' compensation and given an operation, whereupon he then filed his motion to reopen the case and was granted an order of the State Industrial Commission to the effect that he was again temporarily disabled, and entitled to receive compensation and medical treatment for that reason.

The petitioner contends that the award of the State Industrial Commission herein complained of is contrary to section 13356, O.S.1931, which is as follows: "Hernia: In the case of an injury resulting in hernia, compensation for eight weeks, and the cost of the operation shall be payable; provided, that if the hernia results in a total permanent disability then the commission may so determine said fact and award the claimant compensation for a total permanent disability."

Petitioner further contends that the award of the State Industrial Commission is not only contrary to the above-cited statute but is contrary to past decisions of this court. This court has frequently...