Coal v. Hise
| Decision Date | 02 January 1923 |
| Docket Number | Case Number: 12970 |
| Citation | 1923 OK 8,213 P. 303,89 Okla. 70 |
| Parties | SUPERIOR SMOKELESS COAL & MINING CO. et al. v. HISE et al. |
| Court | Oklahoma Supreme Court |
¶0 1. Master and Servant -- Workmen's Compensation--Injuries Included.
Under the provisions of the Workmen's Compensation Act, an injury must arise out of and in the course of employment before an award can be made by the commission.
2. Same--"Arising Out of Employment."
An injury arises out of the employment when there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. If the injury can be said to have followed as a natural incident of the work, and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises out of the employment.
3. Same--Decisions--Finality as to Facts.
The decision of the Industrial Commission as to all matters of fact is final.
4. Same--Injuries to Miner En Route to Work.
When a claimant, who was employed as a miner, was coming to his work, and, while traveling along the customary road, slipped on the frozen ground and sprained his wrist, the decision of the Industrial Commission that the injury arose out of and in the course of employment will not he disturbed on appeal.
Error from the Industrial Commission.
Action by the Superior Smokeless Coal & Mining Company and Consolidated Underwriters to review award of workman's compensation to Mason K. Hise. Affirmed.
Moss & Tumilty, for petitioners.
C. C. Williams and H. V. Lewis, for respondents.
¶1 This action was commenced in this court by the petitioners to review an award made to Mason K. Hise by the State Industrial Commission. The Industrial Commission found that the claimant was in the employment of the Superior Smokeless Coal & Mining Company and was engaged in a hazardous occupation within the meaning of the statute, and, while in such employment, the claimant received an accidental injury on February 23, 1921; and ordered the Superior Smokeless Coal & Mining Company to pay to claimant the sum of $ 108, together with medical expenses.
¶2 The claimant was employed as a miner, and while coming to his work slipped on the frozen ground and sprained his wrist. The claimant lived about four miles from the mines, and at the time of the injury was within a quarter of a mile of the mines, traveling along a road which was customarily used by the miners in going to and from their work. This road, however, was not the only means of ingress and egress to the mine, and was not constructed or maintained by the petitioners. There is some question as to whether the place where the accident occurred was on property belonging to or under the control of the petitioner. The finding of the Industrial Commission being a general finding, and there being some evidence in the record tending to show that the accident occurred on premises controlled by the petitioner, the finding of the commission will be considered as a finding that the injury occurred on premises controlled by petitioner.
¶3 The case, then, presents for determination the right of the claimant to...
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