The Legislature arbitrarily fixed certain factors in the calculation of awards to achieve exact and uniform results. Mudge Oil Co. v. Wagnon, 1943 OK 354, ¶ 8, 145 P.2d 185, 186. Injecting the tort of bad faith into this statutory framework threatens the balance the Legislature has attempted to achieve.
It fixes certain factors in the calculation of awards to achieve exact and uniform results. Mudge Oil Co. v. Wagnon, 1943 OK 354, ¶ 8, 145 P.2d 185, 186. The defendants correctly observe that DeAnda is not so much concerned with the absence of remedies as with the adequacy of the remedies.
Service Pipe Line Co. v. Cargill, 289 P.2d 961-62 (Okla. 1955); J.E. Trigg Drilling Co. v. Daniels, 193 Okla. 644, 145 P.2d 944, 946 (1943); Mudge Oil Co. v. Wagnon, 193 Okla. 466, 145 P.2d 185, 186 (1943).Wilson Foods Corp. v. Porter, 612 P.2d 261, 264 (Okla.
It left this factor open to inquiry and "disability" within the purview of "Other Cases" relates to the disability to perform ordinary manual labor and is measured by the disability to the body as a whole. See Mudge Oil Company v. Wagnon, 193 Okla. 466, 145 P.2d 185 (1944); and Mayberry v. Masonry, Okla., 542 P.2d 510 (1975). In the case at bar, claimant injured his neck and head and both would be measured by the disability to the body as a whole.
Reading from the doctors report, the opposite would seem to be true, as the injury was diagnosed from tests and examination conducted and the cause of the injury was based on the history of the occurrence while at work, with no indication that the conclusions in the report were based on past history. In the case of Mudge Oil Co. v. Wagnon, 193 Okla. 466, 145 P.2d 185, we said: "The medical witnesses who appeared for the respondent testified to facts which they had ascertained as a result of their examinations of the respondent.
The refusal of the trial judge to abate or dismiss the second filed claim was without doubt based upon his belief that the claimant should have a full and complete hearing as to all his claimed injuries and disabilities arising out of the alleged same and single injury. In Mudge Oil Co. v. Wagnon, 193 Okla. 466, 145 P.2d 185, we held that the purpose of the Workmen's Compensation Act (85 O.S. 1961 § 1[ 85-1] et seq.) is to compensate for loss of earning power from inability to work and consequently all inquiries are directed toward ascertaining the extent of such loss. The change in the name from Commission to "Court" should not diminish the purpose of the Act.
The classified and unclassified disabilities must be determined separately in accordance with the applicable statutory schedules. State Insurance Fund v. Sharp et al., 200 Okla. 579, 198 P.2d 431, 432; Special Indemnity Fund v. McWhorter et al., 200 Okla. 469, 196 P.2d 689, 691; Special Indemnity Fund v. Lee et al., 200 Okla. 327, 193 P.2d 305; Falcon Seaboard Drilling Co. et al. v. McGehee et al., 198 Okla. 232, 177 P.2d 127; Mudge Oil Co. et al. v. Wagnon et al., 193 Okla. 466, 145 P.2d 185, 187; J.E. Trigg Drilling Co. et al. v. Daniels et al., 193 Okla. 644, 145 P.2d 944, 948. See also Special Indemnity Fund v. Wade, supra; Special Indemnity Fund v. Fite et al., Okla., 361 P.2d 220, 222; and Wilkerson Chevrolet, Inc. et al. v. Mackey et al., Okla., 367 P.2d 165, 168.
"The State Industrial Commission is at liberty to refuse to give credence to any portion of the evidence which in its opinion is not entitled to credence, nor is it required to give credence to the greater amount of evidence as against the lesser." In Mudge Oil Co. v. Wagnon, 193 Okla. 466, 145 P.2d 185, it is stated: "Testimony of medical witness to facts ascertained by examination of an injured employee is competent evidence.
III. That at most the award should be limited to disability to an eye and even if there is testimony to support an award of aggravation of a pre-existing condition it should be restricted to the particular member affected. Baugh v. Glassell-Rogers Drilling Co., 190 So. 132; Mudge Oil Co. v. Wagnon, 193 Okla. 466, 145 P.2d 185; Nowlin v. Miss. Chemical Co., 219 Miss. 873, 70 So.2d 49; M.T. Reed Constr. Co. v. Martin, 215 Miss. 472, 61 So.2d 300; Smith v. Industrial Comm. of Arizona, 69 Ariz. 399, 214 P.2d 797; Swift Co. v. Rolling, 252 Ala. 536, 42 So.2d 6; 58 Am. Jur., Sec. 293 p. 786. IV. The Court erred in its finding that the appellant is entitled to an award for total and permanent disability to the body as a whole.
The statute as amended arbitrarily fixes an employee's loss of earning power measured by his physical condition or degree of disability sustained. Mudge Oil Co. v. Wagnon, 193 Okla. 466, 145 P.2d 185; Ford v. Nellie B. Mining Co., 208 Okla. 265, 255 P.2d 504. In E.I. du Pont de Nemours Co. v. Spencer, 195 Okla. 300, 157 P.2d 186, we said: