Opinion
No. 23360
Opinion Filed November 15, 1932.
(Syllabus.)
1. Master and Servant — Workmens Compensation — "Accident" Distinguished From Occupational Disease.
"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 can 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 and Rush v. Stump, 156 Okla. 125, 9 P.2d 764.
2. Same — Claim not Barred by Failure to Give Written Notice of Injury Where Employer Had Actual Notice and not Shown Prejudiced.
"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 to Ear From Excessive Noise of Wild Oil Well Held Compensaable Accidental Injury.
"An injury received by an employee to his ear, while working near an oil well, caused by noise from roaring in a wild well, constitutes an accidental injury within the meaning of the Workmen's Compensation Act." Indian Territory Illuminating Oil Co. v. Stone, 158 Okla. 262, 13 P.2d 579.
4. Same — Award for Loss of Hearing Sustained.
"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."
Original action in the Supreme Court by the Indian Territory Illuminating Oil Company to review the award made by the State Industrial Commission in favor of Oscar Parker, claimant. Award affirmed.
Clayton B. Pierce, 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 made on the 13th day of January, 1932, awarding claimant the sum of $400 for serious and permanent disfigurement by reason of partial loss of hearing in both ears.
The facts and issues of law in this case are similar to the facts and issues of law involved in causes Nos. 22844, 23042, 23043, 23044, 23280, and 23112, filed in this court. Upon application of the respondents the briefs in causes numbered 23844, 23042, 23043 and 23044 have been substituted in this case, and upon application of petitioner the briefs filed in causes Nos. 23286 and 23112 have been substituted as briefs in this case, and the cause submitted on briefs and oral argument presented in said numbered cases.
Each of the above numbered causes has heretofore been decided adversely to the contention of the petitioner and opinions rendered affirming the award of the Industrial Commission.
Under the authority of Indian Territory Illuminating Oil Co. v. Williams, No. 22844, 158 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, 156 Okla. 243, 10 P.2d 678; Indian Territory Illuminating Oil Co. v. Severe, No. 23044, 156 Okla. 246, 10 P.2d 681; Indian Territory Illuminating Oil Co. v. Stone. No. 23112, 158 Okla. 262, 13 P.2d 579; Indian Territory Illuminating Oil Co. v. Barrett, No. 23286. 459 Okla. 302, 15 P.2d 831, decided by this court October 25, 1932, the contentions of the petitioner in this case are without support. The holdings of this court in said causes applicable to the facts and issues of law presented in this case are hereby adopted. The petition to vacate is denied and award affirmed.
Note. — See under (1) R. C. L. Perm. Supp. pp. 6214. 6215. (2) annotation in L. R. A. 1916A, 86; L. R. A. 1918E, 562; 78 A. L. R. 1232; 28, R. C. L. 825, 826; R. C. L. Perm. Supp. 6250; R. C. L. Pocket Part, title "Workmen's Compensation," § 113.