LOBERT & KLEIN et al. v. WHITTEN et al.

LOBERT & KLEIN et al. v. WHITTEN et al.
1931 OK 308
300 P. 636
150 Okla. 72
Case Number: 22050
Decided: 06/02/1931
Supreme Court of Oklahoma

LOBERT & KLEIN et al.
v.
WHITTEN et al.

Syllabus

¶0 1. Master and Servant--Workmen's Compensation--Injuries from Sunstroke Held Compensable.
Respondent, in the employ of petitioners in a hazardous occupation covered by the Workmen's Compensation Law, worked in a place surrounded by piles of sand and rock, and by reason of the location and nature of the work would likely expose him to the danger of sunstroke, and suffered sunstroke. The employer will be liable for compensation for such injuries.
2. Same--Review of Awards--Sufficiency of Evidence.
In an industrial case this court on review will not weigh conflicting evidence to determine the weight and value thereof, and where the award and judgment of the Industrial Commission is supported by competent evidence, the same will not be disturbed by this court on review.

James C. Cheek and Albert L. McRill, for petitioners.

Robert D. Crowe, Asst. Atty. Gen., and F. C. Conrad, for respondents.

CLARK, V. J.

¶1 This is an original action filed in this court by petitioners to review an award of the State Industrial Commission made and entered on the 22nd day of December, 1930, in favor of the respondent, C. P. Whitten, wherein respondent Whitten was given $ 12.31 per week for a period of 15 weeks, and a further award of $ 12.31 per week until otherwise ordered by the Commission.

¶2 Petitioners allege in their brief, first contention being the Commission erred in finding the claimant received an accidental injury arising out of and in the course of his employment. The evidence in this case discloses that respondent was working, shoveling rock and sand into a cement mixer that was out in the hot sun, and the rock and sand were piled up around the respondent from six to seven feet high. Lester Fowler testified that the place where respondent worked would be about six or seven feet square and six or seven feet high; that the sand was not as high as the rock, but was so high that you could not get any air in there. The space was approximately square. That the man who fed the mixers with sand and cement had to stay in there and feed the sand into the mixers. The respondent also testified to the same condition. Respondent fell unconscious at his work. Testimony of Dr. Patterson was to the effect that the respondent was brought to his hospital unconscious and that he had a sunstroke. That he stayed in the hospital five or six days and he treated him during this period. That he had continued to observe the respondent, and on the day of trial respondent was unable to work. That he should have further medical attention.

¶3 Petitioners' next contention is that the Commission's finding that the claimant was temporarily disabled from the date of the alleged accident up to December 22, 1930, the date of the hearing, and the Commission's further finding that the claimant's temporary total disability would continue for an indeterminable time, were not supported by the evidence.