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California Company v. State Industrial Court

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eBook details

  • Title: California Company v. State Industrial Court
  • Author : Supreme Court of the State of Oklahoma
  • Release Date : January 22, 1960
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

1 On the 18th day of March, 1959, George Dick Spraker, hereinafter called claimant, filed his first notice of injury
and claim for compensation stating that he sustained an accidental injury arising out of and in the course of his employment
on August 16, 1956, while in the employ of The California Company, a corporation, employer. The State Industrial Court entered
an award for $3,240 permanent partial disability, and this proceeding is brought by the employer and its insurance carrier,
American Automobile Insurance Company, a corporation, to review the award. 2 The record discloses that claimant was a lease man and on August 16, 1956, was in an automobile wreck near Laramie,
Wyoming, and sustained a serious injury to his foot and other portions of his body. He was paid $389.60 total temporary disability
under the Wyoming Workmen's Compensation Law, W.S. 1957, 27-48 et seq. He returned to work in December of 1956 and worked
for the same company until the end of that year. In October, 1957, he made a trip to Wyoming to attend a trial of some other
parties involved in the wreck. This trip was made at the request of the employer. Claimant conferred thereafter with two officials
of employer relative to settlement of the permanent disability. There were consultations between him and employer and its
agents as to whether it would be more practical to proceed under the Wyoming Workmen's Compensation Law or the Oklahoma Compensation
Act. Finally, on consultations with counsel in Oklahoma, claimant advised employer that claimant expected to proceed in Oklahoma.
In April and May of 1958, after exchange of letters, claimant was examined by Dr. M. in Oklahoma City at the direction of
employer, and on May 26, 1958, a report was made by Dr. M. There was further correspondence between counsel for claimant and
employer, and the matter was handled for the employer by Mr. Chastain of Oklahoma City. This correspondence culminated in
August of 1958 by a letter apparently written by Mr. Chastain for the employer on August 13, 1958, in which it was stated
that the statute of limitations had run against any claim. During this correspondence it was brought to light that claimant
was asking $3,000 in settlement of the permanent disability, and that the employer was offering to settle for $1,000. After
the correspondence in August in which the employer stated that the statute of limitations had run, claimant filed his claim
in Oklahoma, and upon a hearing obtained the award above mentioned.


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