298 P. 245 | Okla. | 1931
This is an original proceeding to review an award of the State Industrial Commission in favor of the claimant therein, respondent herein.
It is admitted that the respondent, while in the employ of the petitioner, received an accidental personal injury arising out or and in the course of his employment which resulted in the total and permanent loss of his left eye, the eye being removed in the course of treatment. Temporary total disability was shown, and there is no question raised as to the award therefor.
The State Industrial Commission found and made an award for total permanent disability of the left eye and partial permanent disability of the right eye to the extent of 5 per cent. It added the 100 per cent. and the 5 per cent. and divided the total by two and fixed the amount of the award at 52 1/2 per cent. of 500 weeks.
The petitioner complains of the award and says that there is no competent evidence reasonably tending to show any disability to the right eye arising out of and in the course of the employment; that the disability to the right eye is not the result of the injury or the effect thereof, and that, if the disability to the right eye is the effect of the injury to the left eye, the computation of the award should be on the basis of 100 weeks for each eye rather than for 500 weeks for both eyes, as determined by the Commission.
In support of the contention that there is no evidence reasonably tending to show any disability to the right eye arising out of and in the course of the employment of respondent, the petitioner says that the only evidence thereof came from the respondent and that he is not a competent or qualified witness either as to the disability to the right eye or the cause thereof. Decisions of this court are cited in support thereof. Petitioner, however, overlooks the fact that that evidence was offered and received without objection either as to the competency of the witness or of the testimony. Having been so received, the objection cannot be made for the first time in this court. Employers' Liability Assurance Corporation v. Grant,
The computation made by the Commission was in accord with the rule announced in Maryland Casualty Co. v. State Industrial Commission,
LESTER, C. J., and RILEY, CULLISON, SWINDALL, McNEILL, and KORNEGAY, JJ., concur. CLARK, V. C. J., and HEFNER, J., absent.
Note. — See under (1) anno. 24 A. L. R. 1466; 28 R. C. L. p. 819; R. C. L. Perm. Supp. p. 6242. (2) 28 R. C. L. p. 828; R. C. L. Perm. Supp. p. 6254; R. C. L. Continuing Perm. Supp. p. 1211.