Cary v. State Indus. Com'n

• Decision Date: 03 February 1931
• Docket Number: 21660.
• Citation: 296 P. 385,147 Okla. 162,1931 OK 25
• Parties: CARY et al. v. STATE INDUSTRIAL COMMISSION et al.
• Court: Oklahoma Supreme Court

296 P. 385

147 Okla. 162, 1931 OK 25

CARY et al. v. STATE INDUSTRIAL COMMISSION et al.

No. 21660.

Supreme Court of Oklahoma

February 3, 1931

Syllabus by the Court.

Injury to employee while being transported home from work arose "out of and in course of employment," where work was done under contract which included charge for transportation.

A claimant who was employed, together with his associates, to set casing in an oil well where the casing was set under the direction of the employer, and the contract provided for payment at so much per foot and additional charge for transportation, where the injured employee was injured while being transported home from work, the same arose out of and in the course of his employment.

Finding that injury arose out of and in course of employment is finding of fact; Industrial Commission's finding that injury arose out of and in course of employment, if supported by any competent evidence, will not be disturbed.

The finding of the State Industrial Commission that an injury arose out of and in the course of employment is a finding of fact, and where the same is supported by any competent evidence it will not be disturbed by this court on review.

Action by John Cary and the Hartford Accident & Indemnity Company, a corporation, to review an award of the State Industrial Commission in favor of A. P. Jetton.

Judgment and award affirmed.

RILEY J., dissenting.

Sam A Neely, D. F. McMahon and D. F. Rainey, all of Tulsa, for petitioners.

J Berry King, Atty. Gen., Fred Hansen, Asst. Atty. Gen., and H. S. Samples, of Okmulgee, for respondent Jetton.

CLARK V. C.J.

This is an original action filed in this court by John Cary and Hartford Accident & Indemnity Company, a corporation, to review an award and judgment of the State Industrial Commission, made and entered on the 18th day of August, 1930, in favor of respondent A. P. Jetton, wherein the Industrial Commission found that A. P. Jetton sustained an accidental injury arising out of and in the course of his employment with respondent John Cary on the 25th day of October. Respondent Jetton was awarded fifteen weeks and one day at $18 per week for temporary, total disability, and $18 per week for a period of fifty weeks, computed from February 14, 1930, for the permanent partial loss of the use of claimant's left hand to the extent of 25 per cent.

Petitioners allege that said order and award so made is erroneous and illegal in this, to wit: That A. P. Jetton was not injured during the course of his employment nor did his injury arise out of his employment with the said John Cary; that the respondent A. P. Jetton was not an employee of the petitioner John Cary at the time of his injury; and that the relation of master and servant did not exist between them at the time of the injury.

The evidence discloses that Mr. Griffin was a member of the casing crew, composed of several men, and acted as agent of the different workmen in securing...