This is an original proceeding brought by Atlas Coal Corporation, hereinafter called petitioner, to review an award made to respondent, Steve Scales. On the 2nd day of October, 1945, respondent 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 with petitioner on December 18, 1944, when he bruised his knee. There was an attending physician’s report filed January 3, 1945, and the employer’s first notice of injury filed June 7, 1945, making a report substantially in the form contained in the notice of injury filed by the respondent. Report of initial payment of compensation was filed June 7, 1945, showing payments in the total sum of $306 for temporary total disability.
Thereafter proceedings were commenced to determine the extent of disability, after which the award was made which is in part as follows:
“That on December 18, 1944, the claimant herein was in the employ of the respondent, engaged in a hazardous occupation, subject to and covered by the provisions of the Workmen’s Compensation Law, and on said date he sustained an accidental personal injury arising out of and in the course of his employment, consisting of an injury to the left knee in the nature of a bruise.
“That claimant’s wages at the time of said injury were $7.88 per day, fixing his rate of compensation at $18.00 per week; that claimant was temporarily totally disabled from said injury to May 15, 1945, for which period of time he has been paid compensation in the sum of $306.00. . . .
“That as a further result of said injury, claimant has sustained 30 per cent permanent partial disability to the left knee, for which he is entitled to compensation for 52% weeks at $18.00 per week, or the sum of $945.00 to be paid in a lump sum.”
This proceeding is brought to review the award, which was affirmed by the State Industrial Commission on appeal, and the single issue presented is that under the facts and circumstances there was no accidental injury within the meaning of the Workmen’s Compensation Law, 85 O. S. 1941 § 1 et seq. Petitioner cites and relies upon the holdings of this court and the rule announced in National Zinc Co. v. Goines,
' “The adjective ‘accidental’ is not a technical term but a common one, whose popular usage would not necessarily*660 mean that the words ‘accidental injuries’ indicated the existence of an accident, but rather the idea that the injury was either unintended or unexpected. See 25 Harvard Law Review, pp. 338, 342. In the term ‘accidental injuries’ the substantive ‘injuries’ expresses the notion of the thing or event i.e. the wrong or damage done to the person; while ‘accidental’ qualifies and describes the noun by ascribing to ‘injuries’ a quality or condition of happening or coming by chance or without design, taking place unexpectedly or unintentionally. Victory Sparkler & Specialty Co. v. Francks,147 Md. 368 ,128 A. 635 ,44 A.L.R. 363 :”
In Johnson Ref. Co. v. Guthrie, supra, we cited with approval Vaughn & Rush v. Stump,
The physical condition of respondent is due to his work in the coal mine. In this respect it differs from many of the cases decided in that in many of these cases it is claimed that the accidental injury did not occur as a result of the employment or that the disability was not the result of any claimed accidental injury. See McKeever Drilling Co. v. Egbert,
Award sustained.
