Opinion
No. 23286
Opinion Filed October 25, 1932.
(Syllabus.)
1. Master and Servant — Workmen's Compensation — "Accidental Injury" and Occupational Disease Distinguished.
"An 'accident,' as contemplated by the Workmen's Compensation Law, is distinguished from an occupational disease, in that it arises from some definite event the time of which call be fixed with certainty, but which cannot be so fixed in the case of occupational disease." Indian Territory Illuminating Oil Co. v. Sharver, 157 Okla. 117, 11 P.2d 187; Vaughn Rush v. Stump, 156 Okla. 125, 9 2d 164.
2. Same — Claim not Barred by Failure to Give Statutory Notice of Injury Unless Employer Prejudiced Thereby.
"Where an employer has actual notice of an injury to an employee, the failure of the employee to give written notice thereof as provided by section 7292, C. O. S. 1921, will not bar his claim for compensation, in the absence of a showing by the employer or its insurance carrier that they were prejudiced because of failure of employee to give such written notice." Indian Territory Illuminating Oil Co. v. Sharver, 157 Okla. 117, 11 P.2d 187; Prairie Oil Gas Co. v. Melton, 153 Okla. 114, 3 P.2d 229.
3. Same — Injury Impairing Hearing of Employee Caused by Excessive Noise of Wild Oil Well Held Compensable.
"The award of the Industrial Commission is found to be, in accordance with law and supported by sufficient evidence. The loss of hearing, for which the award was made, is found to be compensable as being an accidental injury sustained as, a result of and in the course of employment covered by the Workmen's Compensation Law." Indian Territory Illuminating Oil Co. v. Williams, 157 Okla. 80, 10 P.2d 1093.
Original action in the Supreme Court by the Indian Territory Illuminating Oil Company to review award made by the State Industrial Commission in favor of Virgil Barrett. Award affirmed.
Clayton B. Pierce and Fred M. Mock, for petitioner.
Foster Roper, J. Berry King, Atty Gen., and Robt. D. Crowe, Asst. Atty. Gen., for respondents.
This is an original action to review an award of the State Industrial Commission entered on the 17th day of December, 1931, awarding claimant the sum of $600 for partial permanent loss of hearing in both ears and to pay all reasonable medical bills incurred by claimant by reason of said accidental injury.
The facts and the issues of law in this case are similar to the facts and issues of law involved in causes Nos. 22844, 23042, 23043, mid 23044, filed in this court. Upon motion of petitioner and application of respondent, the briefs in said numbered causes have been substituted as briefs in this case, and this cause submitted on briefs and oral argument in said numbered cases.
Each of the above numbered causes has heretofore been decided adversely to the petitioner, and opinion rendered affirming the award of the Industrial Commission.
Under the authority of the Indian Territory Illuminating Oil Co. v. Willlams, No. 22844, 157 Okla. 80, 10 P.2d 1093; Indian Territory Illuminating Oil Co. v. Sharver, No. 23042, 157 Okla. 117, 11 P.2d 187; Indian Territory Illuminating Oil Co. v. Welch, No. 23043, 561 Okla. 243, 10 P.2d 678; and Indian Territory Illuminating Oil Co. v. Severe, No. 23044, 156 Okla. 246, 10 P.2d 681, the contentions of petitioner in this case are without support. Award affirmed.
Note. — See under (1) R. C. L. Perm. Supp. p. 6215; R. C. L. Pocket Part, title "Workmen's Compensation," § 81. (2) annotation in L. R. A. 1916A, 86; L. R. A. 1917D, 139; L. R. A. 1918E, 557; 78 A. L. R. 1232; 28 R. C. L. 825.