MOSLEY v. KIOWA LBR. CO.

MOSLEY v. KIOWA LBR. CO.
1927 OK 276
259 P. 210
126 Okla. 279
Case Number: 18374
Decided: 09/13/1927
Supreme Court of Oklahoma

MOSLEY
v.
KIOWA LBR. CO. et al.

Syllabus

¶0 Master and Servant--Workmen's Compensation Law-Time for Appeal from Decisions. Syllabus, paragraphs 1, 2, and 3, in the case of Knowles v. Whitehead Oil Co. et al., 121 Okla. 55, 247 P. 653, is hereby adopted as syllabus in this cause.

J. B. Barnett, for petitioner.
L. P. Oldham and W. R. Withington, for respondent.

Edwin Dabney, Atty. Gen., and Fred Hansen, Asst. Atty. Gen., for State Industrial Commission.

PER CURIAM.

¶1 This is an original action in this court to review the decision of the State Industrial Commission made on the 8th day of April, 1927, wherein the State Industrial Commission had on the 7th day of March, 1927, made an award granting the petitioner herein compensation for injuries sustained while in the employ of the Kiowa Lumber Company, and thereafter on the 8th day of April, 1927, the State Industrial Commission made an order vacating the award of March, 1927, and denied claimant compensation. Thereafter, on the 13th day of April, 1927, the petitioner herein filed his motion before the Industrial Commission to vacate and set aside the order of April 8, 1927, and to reinstate the order of March 7, 1927, which motion was on the 27th day of April, 1927, denied, and this action to review the order of April 8, 1927, was filed in this court on the 27th day of May, 1927.

¶2 The respondents have filed herein their motion to dismiss for the reason that this action was not filed within 30 days from the date the order was made, to wit, April 8, 1927. The questions raised by this motion have been heretofore determined in a well considered opinion in the case of Knowles v. Whitehead Oil Co. et al., 121 Okla. 55, 247 P. 653, in which the court held as follows:

"Section 7297, C. O. S. 1921, as amended by S. L. 1923, ch. 61, sec. 8, provides for a review in the Supreme Court from an award or decision of the State Industrial Commission, and under such provision said action must be filed in this court within 30 days after notice of the award or decision of the Industrial Commission has been sent to the parties affected.