Winona Oil Co. v. Smithson

Citations

• 209 P. 398
• 87 Okla. 226
• 1922 OK 72
• 1922 Okla. LEXIS 275

Syllabus

<p>(Syllabus.)</p> <p>1. Master and Servant — Workmen’s Compensation Law Liberally Construed.</p> <p>The Workmen’s. Compensation Law should be construed fairly, indeed liberally, in favor of the employe. Stasmos v. State Industrial Commission et al., 80 Okla 221, 195 Pac. 762.</p> <p>2. Same — “Accidental Personal Injury.”</p> <p>_ Under section 1 of article 2, c. 246, Session Law's 1915, as amended by section 4 of the act of 1919, c. .14, providing compensation for disability .of an injured employe “resulting from an accidental personal injury sustained by the employe arising out of and in the course of bis employment, without regard to fault as a cause of such injury, except where the injury is occasioned by the willful intention of the injured employe to bring about injury to himself, * * *” held, where an employe in the course of his employment goes to a supply store to get some, tools and is injured by a sever© jar received in stepping off of the porch with his arms full of tools, which jar ruptures a blood vessel in the left eye causing a hemorrhage resulting in -a practical loss of the eye, this constitutes an accidental personal injury as contemplated by said statute.</p> <p>3. Same — Practical Loss of Eye — Test of Right to Compensation.</p> <p>Under Workmen's Compensation Law, section 6, subd. 3, c. 246, 'Ssssion Laws 1015, as amended by section 9, subd. 3, c. 14, Session Laws 1919, held, where the injured employe lost all practical use of an eye as a result of an injury, such employe is entitled to compensation irrespective of the ability of the employe to continue to perform his work in which he was engaged at Hie time of his injury. T.he test as to the rights of an injured employe to receive compensation is only dependent upon such employe having received an accidental personal injury resulting in such a permanent partial disability a-s is provided for in the schedule of the act..</p> <p>4. Same — Award—Affirmance.</p> <p>Record examined, and held, that