Geary Mill. & Elevator Co. v. Andis, No. 41880

CourtSupreme Court of Oklahoma
Writing for the CourtBLACKBIRD
Citation422 P.2d 466,1967 OK 9
Docket NumberNo. 41880
Decision Date06 January 1967
PartiesGEARY MILLING & ELEVATOR COMPANY and Argonaut Insurance Company, Petitioners, v. Emmett ANDIS, Jr., and the State Industrial Court of the State of Oklahoma, Respondents.

Page 466

422 P.2d 466
1967 OK 9
GEARY MILLING & ELEVATOR COMPANY and Argonaut Insurance
Company, Petitioners,
v.
Emmett ANDIS, Jr., and the State Industrial Court of the
State of Oklahoma, Respondents.
No. 41880.
Supreme Court of Oklahoma.
Jan. 6, 1967.

Page 467

Syllabus by the Court

1. Whether 85 O.S.1961, § 21(2) can be reasonably and fairly applied is to be determined from the evidence submitted to the State Industrial Court and where there is competent evidence sufficient to support the fair and reasonable application thereof and to establish the average annual income thereunder, the finding will not be disturbed on appeal.

2. The question of whether claimant suffered a temporary total disability is a question of fact for the determination of the State Industrial Court, and, where there is any competent evidence reasonably supporting its finding, this court will not weigh conflicting evidence upon which said finding of fact is based.

Original proceeding brought by Geary Milling & Elevator Company, employer, and its insurance carrier, Argonaut Insurance Company, to review an award of the State Industrial Court made to Emmett Andis, Jr., claimant. Award sustained.

Childers & Keller, Oklahoma City, for petitioners.

Carl E. Moslander, Fred M. Hammer, Oklahoma City, Charles Nesbitt, Atty. Gen., for respondents.

BLACKBIRD, Justice.

The petitioners in this proceeding for review were the respondents below and the respondent Andis was the claimant below. Reference to the parties herein will be by their respective designations before the State Industrial Court.

The claimant recovered before the trial judge of the State Industrial Court an award of thirteen weeks of compensation for temporary total disability at the rate of $33.33 per week and an award of sixty-two and one-half weeks of compensation at the same rate based upon twelve and one-half per cent permanent partial disability to the body as a whole. The respondents appealed to the State Industrial Court en banc and on appeal the award of the trial judge was fully adopted and confirmed as being the judgment of the State Industrial Court. The respondent thereupon brought this proceeding for review.

The claim for compensation constituting the gravamen of this action grows out of an injury sustained by the claimant on May 14, 1965, while employed by respondent Geary Milling & Elevator Company, in a pursuit within the purview of the Workmen's Compensation Law. On the same day of the year preceding, claimant had...

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4 practice notes
  • Ibarra v. State, No. 69617
    • United States
    • Nevada Court of Appeals of Nevada
    • November 8, 2016
    ...Accordingly, Ibarra plainly did not "violate[]"Page 4 the victim's person and "directly invade[]" her privacy. Terral, 84 Nev. at 414, 422 P.2d at 466. Therefore, no rational trier of fact could have found Ibarra guilty of the offense of larceny from the person.4Page 5 These facts and Terra......
  • Carrico v. City of Miami, No. 73056
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • April 24, 1990
    ...wherein the first two formulas set out in Subdivisions 1 and 2 respectively are not applicable." Geary Milling & Elevator Co. v. Andis, 422 P.2d 466, 468 (Okl.1967); see also, Massachusetts Bonding & Insurance Co. v. Satterfield, 188 Okl. 154, 108 P.2d 218 (1941). Further, the Court may not......
  • Cummings v. Armin Plastics, No. 93882.
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • April 7, 2000
    ...disabled from the performance of labor is a question of fact for the Workers' Compensation Court. Geary Mill. & Elevator Co. v. Andis, 1967 OK 9, 422 P.2d 466. We will not disturb a finding of fact by the Workers' Compensation Court if it is supported by competent evidence, and not otherwis......
  • Gregory and Gregory Const. Co. v. Naylor, No. 43263
    • United States
    • Supreme Court of Oklahoma
    • September 23, 1969
    ...of the fact of temporary total disability for the period fixed by the trial judge. Geary Milling & Elevator Co. v. Andis, Okl., 422 P.2d 466, 467; Frank & Sharp v. Whiting, Okl., 276 P.2d Award sustained. IRWIN, C.J., and DAVISON, WILLIAMS, BLACKBIRD, JACKSON, HODGES and LAVENDER, JJ., conc......
4 cases
  • Ibarra v. State, No. 69617
    • United States
    • Nevada Court of Appeals of Nevada
    • November 8, 2016
    ...Accordingly, Ibarra plainly did not "violate[]"Page 4 the victim's person and "directly invade[]" her privacy. Terral, 84 Nev. at 414, 422 P.2d at 466. Therefore, no rational trier of fact could have found Ibarra guilty of the offense of larceny from the person.4Page 5 These facts and Terra......
  • Carrico v. City of Miami, No. 73056
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • April 24, 1990
    ...wherein the first two formulas set out in Subdivisions 1 and 2 respectively are not applicable." Geary Milling & Elevator Co. v. Andis, 422 P.2d 466, 468 (Okl.1967); see also, Massachusetts Bonding & Insurance Co. v. Satterfield, 188 Okl. 154, 108 P.2d 218 (1941). Further, the Court may not......
  • Cummings v. Armin Plastics, No. 93882.
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • April 7, 2000
    ...disabled from the performance of labor is a question of fact for the Workers' Compensation Court. Geary Mill. & Elevator Co. v. Andis, 1967 OK 9, 422 P.2d 466. We will not disturb a finding of fact by the Workers' Compensation Court if it is supported by competent evidence, and not otherwis......
  • Gregory and Gregory Const. Co. v. Naylor, No. 43263
    • United States
    • Supreme Court of Oklahoma
    • September 23, 1969
    ...of the fact of temporary total disability for the period fixed by the trial judge. Geary Milling & Elevator Co. v. Andis, Okl., 422 P.2d 466, 467; Frank & Sharp v. Whiting, Okl., 276 P.2d Award sustained. IRWIN, C.J., and DAVISON, WILLIAMS, BLACKBIRD, JACKSON, HODGES and LAVENDER, JJ., conc......

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