Wick v. Gunn

Citations

• 169 P. 1087
• 66 Okla. 316
• 169 P. 1007
• 1917 OK 607
• 4 A.L.R. 107
• 1917 Okla. LEXIS 220

Syllabus

<p>1. Master and Servant — Workmen’s Compensation Law — Construction — Remedies.</p> <p>The Workmen’s Compensation Act of this state (Laws 1915, c. 246), must be construed as a whole, and all presumptions indulged will be in favor of those for whose protection the statutory compensation was fixed, and who, by the terms of the act, are deprived of the ordinary remedies open to others whose rights are invaded.</p> <p>2. Samfe — Right to Compensation — Burden of Proof.</p> <p>In order to defeat an award for injuries under the Workmen’s Compensation Act, the case must come clearly within the statutory exceptions, barring the award. The burden of proof is upon the employer to establish facts constituting a bar to compensation.</p> <p>3. Same — “Willful” Ajcti Of Servant — Construction of Statutes!.</p> <p>Under that part of section 1, art. 2, c, 246, Sess. Laws 1915, relieving the employer from liability for compensation to an injured workman “where the injury results directly from the willful failure of the injured employe to use a 'guard or protection against accident furnished for his use pursuant to any statute or by • order of the state labor commissioner,” the mere voluntary and intentional failure of a workman to use such safety appliance does not necessarily render -the omission willful. The willful failure contemplated carries with it the idea of premeditation, obstinacy, and intentional wrongdoing (citing Words and Phrases, First Series, Willfully).</p> <p>4. Same — Willful ,Act of Servant — Question of Fact.</p> <p>Willful failure of workman to use guards or safety appliances provided in pursuance of law or 'by order of the state labor commissioner is a question to be determined by the Industrial 'Commission from the facts in each particular ease, and if there is any evidence reasonably tending to support a finding of such 'board that the failure to use such guards or appliances was not willful, the action of the board will not be disturbed.</p> <p>5. Master a