Henly v. Oklahoma Union R. Co.

Citations

• 197 P. 488
• 81 Okla. 224
• 18 A.L.R. 427
• 1921 OK 60
• 1921 Okla. LEXIS 140

Syllabus

<p>(Syllabus.)</p> <p>1. Master and Servant — Workmen's Coinr pensation Law — Surgical Attention — Order Requiring Claimant to Submit to Major Operation.</p> <p>'Section 7, Sess. Laws 1919, ch. 14, provides: “The employer shall promptly provide for an injured employe such medical, surgical or- other attendance or treatment, nurse and hospital service, medicine, crutches and apparatus as may be necessary, during sixty days after the injury or for such time in excess thereof as in the judgment of the commission may be required. If the employer fails to provide the same, the injured employe may do so at the expense of the employer. The employe shall not be entitled to recover any amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have refused or neglected to do so.” Held, said section is for the benefit of the injured employe, providing for him proper medical and surgical treatment at the expense of the employer in. addition to the compensation provided for in said act resulting from injuries arising in the course of his employment; and that under the provisions of section 7, supra, the State Industrial Commission is without jurisdiction to order the injured employe to submit to a major operation involving a risk of life, however, slight, in order that the pecuniary obligations created by tbe law in his favor against his employe may be minimized.</p> <p>2. Same — Liberal Construction of Statutes.</p> <p>The Workmen’s Compensation Laws of this state deprive the injured employe of the right of action in the court of the state to recover damages for injury received, and provide a limited amount of compensation during disability, and said laws were adopted with the view of enabling employer and employe to settle their differences without litigation, and to enable each employe not guilty of willful misconduct, to receive quickly a reasonable recompense for the injuries accidentally rec