Opinion
No. 23312
Opinion Filed November 15, 1932.
(Syllabus.)
1. Master and Servant — Workmen's 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 Compensable 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.
Original action in the Supreme Court by the Indian Territory Illuminating Oil Company to review an award of the State Industrial Commission in favor of W.F. Barrett, claimant. Award affirmed.
Clayton B. Pierce, for petitioner.
Leo J. Williams, M.J. Parmenter, 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 December 28, 1931, awarding claimant, W.F. Barrett, the sum of $900 for permanent disfigurement by reason of 30 per cent. loss of hearing.
Upon application of the petitioner, this cause was submitted on briefs heretofore filed in causes No. 23286, Indian Territory Illuminating Oil Co. v. Barrett, 159 Okla. 302, 15 P.2d 831, decided by this court October 25, 1932, and No. 23112, Indian Territory Illuminating Oil Co. v. Stone, 158 Okla. 262, 13 P.2d 579. The respondents have filed brief in this cause, and in support thereof cite the cases of Indian Territory Illuminating Oil Co. v. Severe, No. 23044, opinion filed April 19, 1932, 156 Okla. 246, 10 p. (22d 681. Indian Territory Illuminating Oil Co. v. Welch, 156 Okla. 243, 10 P.2d 678; Indian Territory Illuminating Oil Co. v. Sharver, 157 Okla. 117, 11 P.2d 187.
The facts and issues of law in this case are similar to the facts and issues of law involved in the above reported cases cited by respondent, and similar to the facts and issues of law involved in Nos. 23286 and 23112, in which petitioners' briefs have been substituted as briefs in this case.
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. Sharver, No. 23042, 157 Okla. 117, 11 P.2d 187; Indian Territory Illuminating Oil Co. v. Stone, No. 23112, 58 Olka. 262, 13 P.2d 579, the contentions of the petitioner in this case are without support. The holdings of this court in said causes are applicable to the facts and issues of law presented in this case, and are hereby adopted. 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. 1332; 28 R. C. L. 825, 826; R. C. L. Perm. Supp. p. 6250; R. C. L. Pocket Part, title "Workmen's Compensation," § 113.