Mason Lumber Co. v. Andruss

• Decision Date: 21 January 1941
• Docket Number: 29960.
• Citation: 110 P.2d 605,188 Okla. 365,1941 OK 18
• Parties: MASON LUMBER CO. et al. v. ANDRUSS et al.
• Court: Oklahoma Supreme Court

110 P.2d 605

188 Okla. 365, 1941 OK 18

MASON LUMBER CO. et al. v. ANDRUSS et al.

No. 29960.

Supreme Court of Oklahoma

January 21, 1941

Rehearing Denied Feb. 25, 1941.

Syllabus by the Court.

1. The protection afforded workers in employments enumerated in section 13349, O.S.1931, 85 Okl.St.Ann. § 2, and defined as hazardous by subdivision 1, section 13350, O.S.1931, 85 Okl.St.Ann. § 3, subdivision 1, extends to all employees performing any work of a manual and mechanical nature and excepts only employees engaged as clerical workers exclusively.

2. When the work of an employee is chiefly managerial and clerical and on occasion is manual and mechanical and is connected with, incident to and an integral part of a business or industry enumerated in and defined as hazardous by the Workmen's Compensation Law, and such employee sustains an accidental injury arising out of and in the course of the performance of his manual or mechanical duties, he is both protected and bound by the provisions of said law, and the State Industrial Commission is clothed with jurisdiction to award compensation for such accidental injury.

Original proceeding in the Supreme Court by the Mason Lumber Company employer, and the Equity Mutual Insurance Company, insurance carrier, to obtain review of an award by the State Industrial Commission in favor of Robert Wesley Andruss, claimant.

Award sustained.

Butler & Rinehart, of Oklahoma City, for petitioners.

Chandler Shelton, Fowler & Swinford, of Oklahoma City, and Mac Q Williamson, Atty. Gen., for respondents.

PER CURIAM.

This is an original proceeding in this court brought by Mason Lumber Company, hereinafter referred to as petitioner, and its insurance carrier, to obtain a review of an award made by the State Industrial Commission in favor of Robert Wesley Andruss, hereinafter referred to as respondent.

The essential facts are not in dispute. The petitioner was engaged in the operation of two lumber yards. The respondent was the manager of one of said yards. The duties of the respondent were chiefly managerial and clerical and on occasion manual and mechanical; and, while engaged in the performance of his manual duties, respondent sustained an accidental personal injury, the nature and extent of which is not in issue here. The petitioner contended before the State Industrial Commission and contends here that the respondent was not an employee entitled to claim compensation under the Workmen's Compensation Act, O.S. 1931, sec. 13348 et seq., as amended, 85 Okl.St.Ann. § 1 et seq. The sole issue presented is one of law. Section 13349, O.S.1931, 85 Okl.St.Ann. § 2, provides in part as follows "Compensation provided for in this Act shall be payable for injuries sustained by employees engaged in the following hazardous employments, to-wit *** lumber yards ***."

And by subdivision 1, section 13350, O.S.1931, 85 Okl.St.Ann. § 3 subdivision 1, it is provided...