HAMILTON v. MIDWESTERN INSTRUMENTS, INC.

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HAMILTON v. MIDWESTERN INSTRUMENTS, INC.
1962 OK 106
371 P.2d 484
Case Number: 39742
Decided: 05/08/1962
Supreme Court of Oklahoma

PRISCILLA HAMILTON, PETITIONER,
v.
MIDWESTERN INSTRUMENTS, INC., LIBERTY MUTUAL INSURANCE COMPANY, AND OKLAHOMA STATE INDUSTRIAL COURT, RESPONDENTS.

Syllabus

¶0 Where a claimant who admittedly failed to give statutory written notice relies on undisputed proof of sufficient actual knowledge imparted to the employer within 30 days after the injury for which compensation is sought, and the State Industrial Court finds that claimant did not 'notify' the employer within such time, its order denying compensation based solely on such factual determination will be vacated on review as unsupported by competent evidence and unauthorized by law.

Petition for review from the Industrial Court.

Original proceeding brought by Priscilla Hamilton, Claimant, to review an order of the State Industrial Court denying her claim for compensation against Midwestern Instruments, Inc., Employer, and its insurance carrier, Liberty Mutual Insurance Company. Order vacated.

G.C. Spillers, Jack R. Givens, Tulsa, for petitioner.

Rhodes, Crowe, Hieronymus & Holloway, Philip N. Landa, Tulsa, for respondents.

WELCH, Justice.

¶1 Our review in the present cause is sought by claimant who was denied an award for failure to "notify" the employer of her injury "within 30 days thereof, as required by law."