NEW STATE ICE COMPANY v. MORRIS

NEW STATE ICE COMPANY v. MORRIS
1955 OK 196
285 P.2d 855
Case Number: 35887
Decided: 07/05/1955
Supreme Court of Oklahoma

NEW STATE ICE COMPANY AND NEW AMSTERDAM CASUALTY COMPANY, PETITIONERS,

v.

CLARA B. MORRIS AND THE STATE INDUSTRIAL COMMISSION, RESPONDENTS.

Syllabus

¶0 The Workmen's Compensation Law as amended by House Bill No. 312, Session Laws 1951, requires employers covered by the Act to provide insurance accidental death arising out of and in the course of hazardous employment, or pay the death benefit if they carry their own risk. Such insurance or the obligation to pay said death benefit if the employer is a carrier of his own risk is in the nature of accidental death insurance. The right of subrogation against a third-party tort-feasor never existed in favor of an employer or insurance carrier. Specific provision therefor would have to be made by the Legislature for same to exist. There is no such provision.

Petition for review from the Industrial Commission.

[285 P.2d 855]

Original proceeding brought by New State Ice Company and New Amsterdam Casualty Company, its insurance carrier, to review an award of the State Industrial Commission made to Clara B. Morris. Award sustained.

Cheek, Cheek & Cheek, Oklahoma City, for petitioners.

Fred M. Mock, Oklahoma City, Mac Q. Williamson, Atty. Gen., for respondents.

CORN, J.

¶1 Clara B. Morris, as administratrix of the estate of Herbert I. Morris, obtained an award of $13,500 under the Death Benefits Provision of the Workmen's Compensation Law,

¶2 The sole question involved is the right of the insurance company to be subrogated to the action against a third-party tort-feasor. During the pendency of this action this question was fully determined in Updike Advertising System, Inc., v. State Industrial Commission, [285 P.2d 856] Okl.,

¶3 JOHNSON, C.J., WILLIAMS, V.C.J., and ARNOLD and BLACKBIRD, JJ., concur.

¶4 WELCH, DAVISON, HALLEY and JACKSON, JJ., dissent.