Opinion

Blackstock Oil Co. v. Murtishaw

  • 184 Okla. 312
  • 87 P.2d 308
  • 1938 OK 611
  • 1938 Okla. LEXIS 494
Court
Supreme Court of Oklahoma
Filed
Dec 6, 1938
Status
Published
Author
Riley
On the bench
Osborn, Welch, Corn, Hurst, Dayison, Danner, Bayless, Riley, Gibson
Cited by
12 cases
Authority
More cited than 0.1%

The opinion

RILEY, J.

'(dissenting). I am unable to find evidence to sustain the finding that the injured workman’s reduced earning capacity was $1. per day. He could not perform usual manual labor. There was no showing that light work that might have been done without stooping was obtainable. It is true the workman does not complain of the finding as in the McNeill opinion. Stass v. Rogers et al., 166 Okla. 72 , 26 P.2d 206 , but, as I view it, unless from facts and circumstances the reduced earning can be fixed, the commission finding is based on speculation; it is arbitrary, consequently the absence of evidence to support the finding resolves the issue into a question of law to be resolved in favor of petitioner, who cannot be required to .pay compensation until the amount of it is determined by evidence. The cause should be remanded for further hearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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