Roe v. Jones & Spicer, Inc.
| Decision Date | 19 March 1946 |
| Docket Number | 32001. |
| Citation | 167 P.2d 70,196 Okla. 582,1946 OK 93 |
| Parties | ROE v. JONES & SPICER, Inc., et al. |
| Court | Oklahoma Supreme Court |
Original proceeding by Cecil E. Roe, petitioner, to review an order of the State Industrial Commission denying an award in a compensation proceeding against Jones & Spicer, Inc. employer, and the Casualty Reciprocal Exchange, its insurance carrier.
Award sustained.
Syllabus by the Court.
Where an employee sustained an accidental personal injury on a day certain and orally reports the same to the employer and the employer sends him to a physician for treatment, and the treatment of the physician ceases at the end of four or five days, and the employee continues his employment for several months, and changes employment twice thereafter, during all of which time he is aware of some effect of the injury to his arm but does not file a written claim with the State Industrial Commission for more than two years after the date of the injury, held: Any claim for compensation for such injury is barred by 85 O.S.1941 § 43.
Leo J Williams and Claud Briggs, both of Oklahoma City, for petitioner.
Butler & Rinehart, of Oklahoma City, and Randell S. Cobb, Atty Gen., for respondents.
This is an original proceeding brought by Cecil E. Roe, hereinafter called petitioner, to review an order denying an award in a proceeding against Jones & Spicer, Inc., and the Casualty Reciprocal Exchange, its insurance carrier. Jones & Spicer Inc., will be hereinafter referred to as respondent.
On the 25th day of May, 1944, petitioner filed his first notice of injury and claim for compensation stating that he sustained an accidental injury arising out of and in the course of his employment with the respondent on March 2, 1942, when a wrench slipped off a nail causing the petitioner to strike his elbow against a truck. On the 21st day of August, 1944 the trial commissioner found that the claim was not filed within one year and denied an award on this ground. On the 30th day of August, 1944, the order was sustained in a proceeding before the entire commission.
The evidence substantially discloses that petitioner was employed as a truck driver for the respondent; that on said date he was attempting to repair the truck he was driving and while taking a bolt loose the wrench which he was using slipped causing his arm to be injured as above stated. Petitioner testified that he reported the injury to his employer on the date of the accident and was sent to Dr. Lambke, a physician ordinarily employed by the respondent, and that Dr. Lambke examined him, taking X-rays of his arm and suggesting other treatment. He was off work for six or seven days by reason of the accidental injury and afterwards returned to work and stayed with respondent until August, 1943. Thereafter he quit working for respondent and obtained employment with the Douglas Aircraft Company. While employed by them he filed his first notice of injury and claim for compensation May 25, 1944, two years and two months after the accident of March 2, 1942.
As to whether or not a claim has been filed within the statutory period as provided by 85 O.S.1941 § 43 is a jurisdictional question which will be reviewed independently by this court. McKeever Drilling Co. v. Egbert, 170 Okl. 259, 40 P.2d 32
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We stated in Greer County Gins v. Dunnington, 166 Okl 302, 27 P.2d 630, the purpose of notice of injury and...
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