BROOKS & DAHLGREN Inc. et al v. BRANSON et al.

BROOKS & DAHLGREN Inc. et al v. BRANSON et al.
1932 OK 793
16 P.2d 855
160 Okla. 224
Case Number: 23202
Decided: 12/06/1932
Supreme Court of Oklahoma

BROOKS & DAHLGREN, Inc., et al.
v.
BRANSON et al.

Syllabus

¶0 Master and Servant--Workmen's Compensation--Review of Award--Sufficiency of Evidence.
Where there is evidence reasonably tending to support an order and award of the State Industrial Commission, such order and award will be sustained on review.

Original action by Brooks & Dahlgren, Inc., et al. for review of order and award of the State Industrial Commission in favor of Daniel Branson. Award affirmed.

Clayton B. Pierce and Fred M. Mock, for petitioners.
G. G. McBride, C. W. Schwoerke, J. Berry King, Atty. Gen., and Robert D. Crowe, Asst. Atty. Gen., for respondent.

RILEY, J.

¶1 The State Industrial Commission on November 25, 1931, found that Daniel Branson had suffered a changed condition since July 27, 1931, and that his former temporary total disability, then ending and compensated, had become a permanent partial disability. An appropriate award was made.

¶2 Reversal is sought upon the ground that there is no competent evidence to support the finding of a changed condition.

¶3 There is ample evidence to support the finding. Dr. B. H. More testified, "He is incapacitated definitely at this time." "He has a very pronounced arthritis"; that this arthritis deposits would develop some months after the injury and accordingly the disability would increase. This doctor testified, "I would say that it is traumatic arthritis." The present condition of Branson was by the testimony attributed to his injury.

¶4 Award affirmed.