Warr Lumber Co. v. Henry

• Decision Date: 08 April 1941
• Docket Number: 29634.
• Citation: 112 P.2d 358,188 Okla. 619,1941 OK 129
• Parties: WARR LUMBER CO. et al. v. HENRY et al.
• Court: Oklahoma Supreme Court

112 P.2d 358

188 Okla. 619, 1941 OK 129

WARR LUMBER CO. et al. v. HENRY et al.

No. 29634.

Supreme Court of Oklahoma

April 8, 1941

Syllabus by the Court.

Where there is an entire absence of any competent evidence upon which to base a material finding of the State Industrial Commission necessary to support an award of compensation this court will declare as a matter of law that an award based upon such unsupported material finding is unauthorized and will vacate the same. Tulsa Rig, Reel & Mfg. Co. v Case, 176 Okl. 262, 55 P.2d 777.

Original proceeding by the Warr Lumber Company and its insurance carrier to review an award of the State Industrial Commission made in favor of V. E. Henry against C. E. Fletcher, the Warr Lumber Company, and the Maryland Casualty Company.

Award against the Warr Lumber Company and its insurance carrier vacated.

Pierce & Bucker and Fred M. Mock, all of Oklahoma City, for petitioners.

Lillard & Gibbons and Wayne Wheeling, all of Oklahoma City, and Mac Q. Williamson, Atty. Gen., for respondents.

PER CURIAM.

This proceeding is brought by Warr Lumber Company, and its insurance carrier, Maryland Casualty Company, hereinafter referred to as petitioners, to vacate an award against them. Said award was entered against them and C. E. Fletcher in favor of V. E. Henry, an employee of C. E. Fletcher. The State Industrial Commission found that the respondent, V. E Henry, was an employee of C. E. Fletcher, who was an independent contractor for the said Warr Lumber Company and based upon such finding entered a primary award against C. E Fletcher and a secondary liability against the Warr Lumber Company and its insurance carrier, Maryland Casualty Company.

Respondent was employed by C. E. Fletcher who was engaged in building a number of residences in Hillcrest Addition to the city of El Reno. Respondent sustained an accidental injury on or about the 12th day of August, 1938, while engaged as a laborer on job No. 5 of the particular series of residences being constructed by Fletcher. Petitioner, Warr Lumber Company agreed to and did furnish the necessary financial assistance for the payment of the laborers and extended the necessary credit for material and supplies so that Fletcher could pay his labor and obtain the necessary materials for the completion of the residences. Otherwise the petitioner, Warr Lumber Company, had no interest whatever in the construction of the residences. This did not constitute Fletcher an...