STATE HWY. COMM'N v. STATE INDUS. COM.

STATE HWY. COMM'N v. STATE INDUS. COM.
1944 OK 91
146 P.2d 109
193 Okla. 593
Case Number: 31133
Decided: 02/15/1944
Supreme Court of Oklahoma

STATE HIGHWAY COMMISSION et al.
v.
STATE INDUSTRIAL COM. et al.

Syllabus

¶0 1. WORKMEN'S COMPENSATION--Maximum number of weeks' compensation under law is 500.
The maximum number of weeks' compensation that may be awarded under the Workmen's Compensation Act is 500.
2. SAME-- Time limitation for application to reopen cause on ground of change in condition does not begin to run until determination as to existence of permanent disability.
The limitation provided by 85 O. S. 1941 § 43 does not begin to run on the right to reopen a cause pending in the Industrial Commission on the ground of change in condition until a determination has been made by the commission of the existence or nonexistence of permanent disability.
3. SAME--How period of limitation determined.
The period of time provided runs from date of determination of existence or nonexistence of permanent disability resulting from an injury and extends for the number of weeks that could have been awarded by the commission if the condition of the claimant had existed at time of original award.
4. SAME--Time allowed for filing application to reopen cause determined by condition of injured claimant.
The condition of the injured claimant determines the time allowed for filing application to reopen on the ground of change in condition.
5. SAME--Period of limitation not affected by payments made before original award.
Payments made before an original award is entered have no relation to nor effect upon the period of time fixed within which an application for compensation based on change of condition may be determined.

Original proceeding in the Supreme Court by the State Highway Commission et al. to review an award of the State Industrial Commission in favor of W. M. Murphy. Award affirmed.

H. R. Palmer and Looney, Watts, Fenton & Eberle, all of Oklahoma City, for petitioners.
B. A. Hamilton, of Tulsa, and Mae Q. Williamson, Atty. Gen., for respondents.

ARNOLD, J.

¶1 This is an original proceeding brought by the State Highway Commission and its insurance carrier, United States Fidelity & Guaranty Company, hereinafter referred to as petitioners, to review an award for permanent total disability made to the respondent W. M. Murphy.

¶2 On the 28th day of June, 1931, respondent filed his first notice of injury and claim for compensation stating that he sustained an accidental injury arising out of and in the course of his employment when he fell and injured his neck and head, arm and both knees on May 13, 1931, while employed as maintenance man on the highway.

¶3 On the 18th day of August, 1932, the State Industrial Commission entered an award for temporary total disability and disfigurement and permanent partial disability under the "other cases" provision of section 13356, O.S. 1931, 85 O.S.A. § 22, and on August 1, 1933, an agreed lump sum order was entered. Prior to entry of original award compensation for temporary total disability had been paid for 48 weeks. On July 5, 1941, respondent filed an application to reopen on the ground of change in condition resulting in total permanent disability, and following hearings the State Industrial Commission entered its award on September 3, 1943, for permanent total disability, and this proceeding is brought to review the latter award.

¶4 The sole question presented is that the statute of limitation (85 O. S. 1941 § 43) has barred respondent's right to reopen the cause. The jurisdiction of the State Industrial Commission to reopen a cause upon an application based upon the ground of change in condition and award additional compensation for permanent total disability under 85 O. S. 1941 § 22, subd. 1, extends for a period of 500 weeks from the date of the original award. The application to reopen having been filed within 500 weeks from the date of the original award entered on August 18, 1932, same was filed within time. See Upshaw v. Champlin Refining Co., 194 Okla. ----, 146 P.2d 1008.

¶5 Award affirmed.

¶6 RILEY, OSBORN, HURST, and DAVISON, JJ., concur. CORN, C.J., GIBSON, V.C.J., and BAYLESS and WELCH, JJ., dissent.