Fund v. Lee

• Decision Date: 24 February 1948
• Docket Number: Case Number: 32989
• Citation: 1948 OK 50,193 P.2d 305,200 Okla. 327
• Parties: SPECIAL INDEM. FUND v. LEE
• Court: Oklahoma Supreme Court

1948 OK 50

193 P.2d 305

200 Okla. 327

SPECIAL INDEM. FUND v. LEE

Case Number: 32989

Supreme Court of Oklahoma

Decided: February 24, 1948

Syllabus

¶0 WORKMEN'S COMPENSATION - Special Indemnity Fund not liable unless permanent partial disability to back combined with previous injury to eye resulted in permanent total disability.

A permanent partial disability to the back may not be combined with a previous injury to the eye so as to fix liability on the Special Indemnity Fund except in cases where the combined disabilities result in permanent total disability.

Original proceeding brought in the Supreme Court by Special Indemnity Fund, petitioner, to review an award made jointly against it and C. M. Hill Construction Company in favor of Clifford S. Lee.Award vacated, with directions.

Mont R. Powell and Don Anderson, both of Oklahoma City, for petitioner.

S.J. Clay, of Oklahoma City, and Mac Q. Williamson, Atty. Gen., for respondents.

PER CURIAM.

¶1 This is the original proceeding brought by Special Indemnity Fund to review an award made to Clifford S. Lee, respondent, in a joint award against Special Indemnity Fund and his employer, C. M. Hill Construction Company.

¶2Respondent stated that he sustained an accidental injury arising out of and in the course of his employment with the C. M. Hill Construction Company on the 15th day of September, 1945, when he strained his back while lifting some building material.The State Industrial Commission, in a hearing conducted for the purpose of determining the cause and extent of disability, found that the respondent was a previously impaired person within the meaning of 85 O.S. 1943 Supp. § 171, by reason of loss of his left eye, and entered an award for 47 per cent permanent partial disability to the body as a whole, finding therein that he sustained a 7 per cent disability to the body as a whole by reason of the injury of September 15, 1945.It ordered the C. M. Hill Construction Company to pay the 7 per cent disability and also ordered the petitioner, Special Indemnity Fund, to pay 40 per cent disability to the body as a whole, less 100 weeks for the loss of the eye.

¶3 In our opinion the award must be vacated and the cause remanded to the State Industrial Commission under the ruling of this court in Special Indemnity Fund v. McMillin, 198 Okla. 412, 179 P.2d 475;Special Indemnity Fund v. Bonner, 198 Okla. 491, 180 P.2d 191;andSpecial Indemnity Fund v. Wade, 199 Okla. 547, 189 P.2d 609.In Special Indemnity...