Sinclair Prairie Oil Co. v. State Industrial Com

4 Citing cases

  1. Phillips Petroleum Co. v. Lane

    86 P.2d 632 (Okla. 1939)

    " It is urged that Sinclair Prairie Oil Co. v. State Ind. Commission, 178 Okla. 375, 62 P.2d 1027, is contrary to the rule announced in Fox v. Brown. We do not so construe that authority.

  2. Parsons v. State Industrial Court

    1962 OK 125 (Okla. 1962)   Cited 12 times

    Rather, the conclusion is inescapable to me that the order of June 9, 1945, operates in law as a final adjudication that claimant was not entitled to an award because his conditions, though unquestionably and admittedly permanent, had antedated the injury and did not become aggravated by its traumatic impact. See Hanna Lumber Co. v. Penrose, 154 Okla. 210, 7 P.2d 164; Sinclair Prairie Oil Co. v. State Industrial Commission, 178 Okla. 375, 62 P.2d 1027; Texas Co. v. Atkinson, 178 Okla. 480, 62 P.2d 1204; compare Gardner Petroleum Co. v. Poe, 166 Okla. 169, 26 P.2d 743; Mid-Continent Petroleum Corp. v. Abshire et al., 200 Okla. 24, 190 P.2d 790. I do not consider that the majority opinion's disposition of the legal effect of the order of June 9, 1945, upon the "application to reopen on a changed condition" is sound.

  3. OKLAHOMA CITY TENT AND AWNING COMPANY v. MALSON

    1961 OK 141 (Okla. 1961)   Cited 8 times
    In Oklahoma City Tent and Awning Co. et al. v. Malson, et al., Okla., 362 P.2d 971, this award was vacated with directions.

    "An award made for temporary disability on a claim filed showing an injury to an arm does not prevent a further award for permanent disability by reason of a head injury where the evidence substantially discloses that no injury to the head was known at the time of the filing of the original claim." In Dierks Lumber Coal Co. v. Hagan et al., 189 Okla. 210, 114 P.2d 919, and Sinclair Prairie Oil Co. v. State Industrial Commission et al., 178 Okla. 375, 62 P.2d 1027, it is stated that in cases of multiple injuries where all parties are advised of such injuries but an award is made not including all the injuries the presumption is it was the intention of the State Industrial Court to reserve the disability not mentioned in the award and is authorized to make an award therefor at a subsequent date. It therefore results that if claimant knew of the back condition and did not claim it prior to the first award and the disability is the result of the back condition claimant cannot obtain an award for the back condition.

  4. Dunning-James-Patterson v. Rickert

    196 Okla. 237 (Okla. 1945)   Cited 4 times

    Sturm Drilling Co. v. Story, supra; Wilcox Oil Gas Co. v. Satterfield, 178 Okla. 418, 63 P.2d 696. Petitioners rely upon Southern Drilling Co. v. Daley, 166 Okla. 33, 25 P.2d 1082; Payne Drilling Co. v. Shoemake, 186 Okla. 345, 97 P.2d 881; Sinclair Prairie Oil Co. v. State Industrial Commission, 178 Okla. 375, 62 P.2d 1027; and Texas Co. v. Atkinson, 178 Okla. 480, 62 P.2d 1204. All these cases involved an attempt to relitigate questions formerly determined or a claim that another disability not determined resulted from a multiple injury.