Tucker v. Wilson & Co.
| Decision Date | 02 August 1927 |
| Docket Number | 17730. |
| Citation | 258 P. 905,126 Okla. 122,1927 OK 248 |
| Parties | TUCKER v. WILSON & CO. et al. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
It is well settled in this state that in a proceeding in this court to review the order of the State Industrial Commission, such proceeding is to review errors of law and not of fact. The finding of facts by the Industrial Commission is conclusive upon this court, and will not be reviewed by this court where there is any competent evidence in support of the same.
Record examined, and sufficient competent evidence found to support the finding of the State Industrial Commission.
Commissioners' Opinion, Division No. 1.
Proceeding under the Workmen's Compensation Act by George Tucker claimant, opposed by Wilson & Co., employer. Original proceeding in the Supreme Court by the claimant to review an order of the State Industrial Commission refusing an award. Affirmed.
F. P Hutchison, of Oklahoma City, for petitioner.
C. D Bennett, of Oklahoma City, George F. Short, Atty. Gen., and Fred G. Hanson, Asst. Atty. Gen., for respondents.
George Tucker files a petition in error in this court on August 26 1926, to review an order made by the State Industrial Commission on the 13th day of August, 1926.
In his petition in error, he alleges:
First. That the commission erred in admitting evidence on the part of the respondents and refusing and ruling out competent legal evidence on the part of the petitioner.
Second. That the commission erred in holding and ordering that compensation be denied claimant, and in closing the case.
Third. That the commission erred in not finding and making an award and decision that respondent is liable for compensation on the facts of the case according to the record and according to the law of the state of Oklahoma.
Fourth. That the decision of the commission is not supported by the evidence and is contrary to the evidence and law.
The petitioner filed his claim with the State Industrial Commission on April 20, 1926, alleging that he received an accidental injury while working as an employee of Wilson & Co., of Oklahoma City, on the 28th day of August, 1925.
At a hearing before the State Industrial Commission, which began on May 18, 1926, the following testimony, in substance, was adduced:
George Tucker, the claimant, testified, in substance, that he began working for Wilson & Co. on August 24, 1925, and that there was nothing wrong with him at that time; that while pushing beeves down a trolley his feet slipped, and he fell and tore his left side; that the injury so caused pained him all the time; that he immediately reported the accident to W. E. Pope, who was the representative of Wilson & Co. looking after cases of this kind, and that Pope advised him to see Dr. Longmire, the physician for the company; that he saw Dr. Longmire, and the doctor told him to stay off his feet and put hot water bottles on his side; that he went home and did not return to work for 3 or 4 days; that the doctor examined him again and told him that it was all right for him to work, but not at any heavy lifting.
Several other witnesses corroborated the claimant that he received the accidental injury on or about the date of August 28 1925. However, there were one or two witnesses who testified for the claimant who stated that he received no injury whatsoever, and W. E. Pope and Dr. Longmire, testifying for the respondent, stated that at the time Dr. Longmire examined him he said nothing about an accidental injury but complained of being sick, and Dr. Longmire at the time pronounced his ailment...
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