United Iron Works v. Smethers

• Decision Date: 20 September 1932
• Docket Number: 23317.
• Citation: 14 P.2d 380,159 Okla. 105,1932 OK 633
• Parties: UNITED IRON WORKS et al. v. SMETHERS et al.
• Court: Oklahoma Supreme Court

14 P.2d 380

159 Okla. 105, 1932 OK 633

UNITED IRON WORKS et al. v. SMETHERS et al.

No. 23317.

Supreme Court of Oklahoma

September 20, 1932

Syllabus by the Court.

When an injured employee sustains an accidental personal injury, the right to compensation is determined by the provisions of the Workmen's Compensation Law in force at the time said injury was received.

Original proceeding in the Supreme Court by the United Iron Works and another to review an award of the State Industrial Commission in favor of J. J. Smethers, claimant.

Award vacated and set aside, and remanded to Commission, with directions.

J. Fred Swanson, of Oklahoma City, and N. A. Gibson, of Tulsa, for petitioners.

J Berry King, Atty. Gen., and Hunter L. Johnson and Floyd E Staley, both of Tulsa, for respondents.

McNEILL J.

This is an original proceeding to review an order and award made by the State Industrial Commission on December 31, 1931. The respondent sustained an accidental personal injury on February 11, 1920, while working for the petitioner the United Iron Works. On May 12, 1920, respondent returned and continued to work for said petitioner until about the 20th of May, 1922. During that year respondent filed proceedings before the commission asking for additional compensation. On November 24, 1923, the commission entered its order directing payment of compensation from May 25, 1922, until otherwise ordered by the commission. A motion to discontinue compensation was thereafter filed by the commission, and, on April 10, 1924, the commission found that the compensation should be discontinued as of February 19, 1924. No application to review said award or judgment was made, and the same has become final. Thereafter, on August 11, 1931 respondent filed a motion to reopen, alleging that, since the discontinuance of compensation to him in 1924, there had been a change of condition, and by reason thereof he was entitled to additional compensation. After a hearing thereon, the commission entered the aforesaid order of December 31, 1931 finding that respondent was entitled to compensation on the basis of 40 per cent. loss of the use of his right leg below the knee and 25 per cent. of use of left leg below the knee, or a total of 32 1/2 per cent. for 162 1/2 weeks at the rate of $18 per week, or a total sum of $2,925.

The commission found respondent had suffered a change of condition and at the time of making said order that respondent had suffered a permanent partial disability. Petitioners urge that the commission erred in finding that the Workmen's Compensation Law as set out in section 7290,...