Consolidated Fuel Co. v. State Industrial Commission

Citations

• 205 P. 170
• 85 Okla. 112
• 1922 OK 64
• 1922 Okla. LEXIS 45

Syllabus

<p>(Syllabus.)</p> <p>1. Master and Servant — Workmen’s Compensation — Notice of Claim — Necessity.</p> <p>The notice provided for in section 8, article 2, chapter 246, Session Laws 1915, is not jurisdictional.</p> <p>2. Same — Notice of Claim — Collusiveness of Finding.</p> <p>Where an employe files his complaint with the State Industrial Commission under the Workmen’s Compensation Act and the employer or the insurance carrier has been properly served with notice of the time and place of hearing such complaint and at the time specified in such notice the State Industrial Commission proceeds to hear such complaint- and makes an award thereon, such award is conclusive against the employer or insurance carrier, if not appealed from.</p> <p>'3. Same — Hearing on Complaint — Waiver of Defenses by Nonappearahce.</p> <p>When neither the employer nor the insurance carrier appears before the State Industrial 'Commission, pursuant to notice duly given, and sets up any defense to the complaint of an employe, they will be deemed to have waived such matters of defense as they could have reasonably presented at such hearing.</p> <p>4. ' Same — Failure of Claimant to Give Notice.</p> <p>When on the hearing of a complaint filed by an employe under the Workmen’s Compensation Act no objection is made that such employe failed to give notice of his injury to the employer, it is unnecessary for the State Industrial Commission to make any finding or in any way excuse the failure to give such notice.</p> <p>5. Same — Orders of Industrial Commission —Conclusiveness.</p> <p>When there is any evidence reasonably tending, to support the order of the State Industrial Commission, such order is final and conclusive on this court. Under section 10, article 2, chapter 14, Session Laws 1919, the decision of the State Industrial Commission is final as to all questions of fact, and cannot be reviewed by this court on appeal.</p>