Magnolia Petroleum Co. v. Johns

• Decision Date: 06 December 1932
• Docket Number: 22552.
• Citation: 16 P.2d 858,160 Okla. 221,1932 OK 808
• Parties: MAGNOLIA PETROLEUM CO. v. JOHNS et al.
• Court: Oklahoma Supreme Court

16 P.2d 858

160 Okla. 221, 1932 OK 808

MAGNOLIA PETROLEUM CO. v. JOHNS et al.

No. 22552.

Supreme Court of Oklahoma

December 6, 1932

Syllabus by the Court.

1.No allowance for temporary total disability under the Workmen's Compensation Law can be sustained for a period during which the claimant is earning his livelihood and receiving wages therefor.

2.Where there is percentage permanent partial loss of use of specific members, the computation for compensation is had by ascertaining the sum of the percentage of loss of use of two such members, dividing the sum by two, and allowing that percentage of the allowance for permanent total disability and adding the percentage of statutory allowance for loss of use of the remaining specific member.

3.In case of permanent partial disability of three specific members, the total permanent loss of any two of which would constitute permanent total disability, an award computed by the State Industrial Commission by taking the sum of the percentage of disability of the two members, the loss of the use of which, figured separately, would entitle the claimant to the least amount of compensation, and dividing same by two, to arrive at the percentage of total disability on account thereof, and adding thereto the compensation allowed by law for the percentage of loss of the remaining member will be sustained under the rule of liberal construction in favor of the injured employee.

Original proceedings by the Magnolia Petroleum Company, employer, to review an order of the State Industrial Commission granting an award of compensation to A. H. Johns, employee.

Affirmed in part, and reversed in part.

B. B Blakeney, Hubert Ambrister, and W. R. Wallace, all of Oklahoma City, for petitioner.

J Berry King, Atty. Gen., Robert D. Crowe, Asst. Atty. Gen., and John E. Luttrell and J. D. Holland, both of Norman, for respondent.

RILEY J.

This is a review of an industrial award made to A. H. Johns for permanent disability to left leg, 20 per cent.; to right hand, 30 per cent.; to left hand, 45 per cent.Time allowed 237 1/2 weeks.The rule requires computation by ascertaining the sum of the percentages of loss to two members, a division of the same by two, and the allowance of that percentage of total statutory disability allowance of 500 weeks, and the addition thereto of the percentage disability of the statutory allowance for the remaining member.Ordinarily, it would be supposed that disability percentage for two corresponding members would be first added as suggested and directed in the cases of American Tank Co. v. State Ind. Comm. et al.,153 Okl. 117, 5 P.2d 137, andDolese Bros. Co. v. Roberts,155 Okl. 198, 8 P.2d 756, such as where both arms or eyes are permanently injured.However, we are not prepared to hold that it is error to select the percentage of one corresponding member and compute it with a more distant member, as in the case at bar, and add percentage allowance for the remaining corresponding member.

We assume here the computation was as follows:

20 per cent. plus 45 per cent. or 65 per cent.-65 per cent. divided by 2 equals...