UNITED STATES FID. & CAS. CO. v. HARRISON

UNITED STATES FID. & CAS. CO. v. HARRISON
1926 OK 983
256 P. 752
125 Okla. 90
Case Number: 17472
Decided: 12/07/1926
Supreme Court of Oklahoma

UNITED STATES FIDELITY & CASUALTY CO. et al.
v.
HARRISON et al.

Syllabus

¶0 Master and Servant--Workmen's Compensation Act--Continuing Jurisdiction of Industrial Commission--Modification of Awards.
Claimant asked for compensation on account of injuries to his back and left leg, and the evidence tended to show injury to both the back and left leg. The State Industrial Commission made an award for partial permanent loss of the use of the leg according to the schedule of section 7290, C. O. S. 1921, fixing the number of weeks to be allowed for the loss of such member, which award was paid to claimant in lump sum. Thereafter, claimant filed his application to re-open the case, not on account of change in conditions, but on the ground that the Commission had by mistake overlooked the injury to his back in making said award, and asked for compensation for the greater period of weeks provided in paragraph 4 of said section for temporary partial disability. The Commission sustained the motion and after taking further evidence showing the injury to the back, made the award accordingly, being at the same rate but not overlapping the award made and paid for partial loss of the leg. Held, under section 7325, Id., clothing the Commission with continuing jurisdiction to modify or change its former findings or awards, from time to time, as in its opinion may be just, there was no error. Under said statute, the doctrine of res judicata and estoppel by receiving the first award are not applicable.

Commissioners' Opinion, Division No. 2.

Error from Award of State Industrial Commission.

Action by the United States Fidelity & Casualty Company et al. to review an award of the State Industrial Commission for additional compensation to J. E. Harrison. Affirmed.

Rittenhouse & Rittenhouse, Frank E. Lee, and J. Fred Swanson, for plaintiffs in error.
Geo. F. Short, Atty. Gen., and Fred Hansen, Asst. Atty. Gen., for defendants in error.