INDIAN TERRITORY ILLUMINATING OIL CO. v. CAVINESS et al.

INDIAN TERRITORY ILLUMINATING OIL CO. v. CAVINESS et al.
1932 OK 733
16 P.2d 132
160 Okla. 110
Case Number: 23311
Decided: 11/15/1932
Supreme Court of Oklahoma

INDIAN TERRITORY ILLUMINATING OIL CO.
v.
CAVINESS et al.

Syllabus

¶0 1. Master and Servant--Workmen's Compensation -- "Accident" Distinguished From Occupational Disease.
"An 'accident,' as contemplated by the Workmen's Compensation Law, is distinguished from an occupational disease in that it arises from some definite event the time of which can be fixed with certainty, but which cannot be so fixed in the case of occupational disease." Indian Territory Illuminating Oil Co. v. Sharver, 157 Okla. 117, 11 P.2d 187; Vaughn and Rush v. Stump, 156 Okla. 125, 9 P.2d 764.
2. Same--Claim not Barred by Failure to Give Written Notice of Injury Where Employer Had Actual Notice and not Shown Prejudiced.
"Where an employer has actual notice of an injury to an employee, the failure of the employee to give written notice thereof as provided by section 7292, C. O. S. 1921, will not bar his claim for compensation, in the absence of a showing by the employer or its insurance carrier that they were prejudiced because of failure of employee to give such written notice." Indian Territory Illuminating Oil Co. v. Sharver, 157 Okla. 117, 11 P.2d 187; Prairie Oil & Oil Co. v. Stone, 158 Okla. 262, 13 P.2d 229.
3. Same--Injury to Ear From Excessive Noise of Wild Oil Well Held Compensable Accidental Injury.
"An injury received by an employee to his ear, while working near an oil well, caused by noise from roaring in a wild well, constitutes an accidental injury within the meaning of the Workmen's Compensation Act." Indian Territory Illuminating Oil Co. v. Stone, 58 Okla. 262, 13 P.2d 579.

Original action in the Supreme Court by Indian Territory Illuminating Oil Company to review an award made by the State Industrial Commission in favor of H. R. Caviness, claimant. Award affirmed.

Clayton B. Pierce and Fred M. Mock, for petitioner.
Cook & Jackson, G. G. McBride, J. Berry King, Atty. Gen., and Robt. D. Crowe, Asst. Atty. Gen., for respondents.

PER CURIAM.

¶1 This is an original action to review an award of the State Industrial Commission entered December 29, 1931, awarding claimant the sum of $ 600 for permanent partial loss of hearing, and that 15 per cent. of said sum be paid to claimant's attorneys for services rendered.

¶2 Upon application by petitioner, the briefs filed by petitioner in causes Nos. 23286 and 23112 are substituted as briefs in this case. Respondents have filed brief, and in support of their contention cite, among other cases, Indian Territory Illuminating Oil Co. v. Sharver, 157 Okla. 117, 11 P.2d 187; Indian Territory Illuminating Oil Co. v. Welch, 156 Okla. 243, 10 P.2d 678.

¶3 The facts and the issues of law in this case are similar to the facts and issues of law involved in causes Nos. 23286 and 23112, cited in the petitioner's briefs, and which briefs have been substituted in this case; and similar to the facts and issues of law involved in Indian Territory Illuminating Oil Co. v. Sharver, supra, cited by respondents in their brief.

¶4 Each of the above numbered causes has heretofore been decided adversely to the petitioner, and opinions rendered affirming the award of the Industrial Commission.