Stephenson v. State Industrial Commission

Citations

• 192 P. 580
• 79 Okla. 228
• 1920 OK 314
• 1920 Okla. LEXIS 80

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Master and Servant — Workmen’s Compensation Law — Mode of Payments of Awards.</p> <p>AVorkmen’s Compensation Law, section 15, art. 2, c. 246, Sess. Laws 1915, provides that: “Compensation under the provisions of this act shall be payable periodically, in accordance with the method of payment of the wages of the employe at the time of his injury, and shall be so provided for in any award; but the commission may determine that all payment or payments may be made monthly or at any other period as it may deem advisable. The commission, whenever it shall so deem advisable, may commute such periodical payments to one or more lump-sum payments, provided the same .shall be in the interest of justice.”</p> <p>2. Same — Duration of Incapacity a Question of Fact — Appeal.</p> <p>Under the foregoing section, in an action for compensation, the duration of incapacity is a question of fact to be determined as other questions of fact are determined, and a challenge of the correctness of the commission’s conclusion respecting the duration of incapacity will be considered on appeal in the same way as other challenges of a similar nature.</p> <p>3. Same — Questions of Fact — Finality of Commission’s Decision.</p> <p>Under the provisions of section 10, art. 2, of the AVorkmen’s Compensation Act (Laws 1915, c. 246), the decision of the State Industrial Commission is final as to all questions of fact.</p> <p>4. Same — Mode of Payment of Award.</p> <p>The AVorkmen’s CompensatioiffAct, sec. 15, art. 2, supra, confers express power upon the commission to order the payment in one or more lump sums instead of making an award of periodical payments. In every ease the commission, when applied to for a lump sum payment, must exercise its judgment and discretion as to the best method of making compensation, in the light of all facts, and the result will not be disturbed on appeal except for an abuse of the power.</p> <p>5. Same — Judgment—Affirmance.</p> <p>R