104 P.2d 423 | Okla. | 1940
This is the second proceeding to review an award in favor of the respondent in this case. The respondent sustained an accidental injury on September 20, 1937. An award for permanent disability was vacated by this court in Fournier Stucco
Plastering Company et al. v. Greer et al.,
"This evidence, while sufficient to establish the fact that respondent had some disability as the result of arthritis, was wholly insufficient to establish any causal connection between the injury which the respondent had admittedly received and the disability which was found to exist and wholly failed to show that respondent had any present permanent disability."
When the mandate was received, due notice being given, the State Industrial Commission conducted further hearings to determine the extent of the disability and to establish the cause of the disability. Thereafter the present award was made.
It is first urged that the State Industrial Commission was without jurisdiction to conduct further hearings and enter an award for permanent disability. Petitioner cites Harrington v. Miller,
Under the above citations, there is no limitation upon the time in which the State Industrial Commission is authorized to enter an award for permanent disability after an award for temporary total disability has been made when the evidence at a subsequent proceeding authorizes it to enter such award. Pure Oil Co. v. State Industrial Commission,
Finally it is urged that there is no competent evidence reasonably tending to support the finding of permanent partial disability. We think that petitioners have overlooked the testimony of their own expert witness, Dr. Glass, who stated that on October 9, 1937, within 20 days after the accidental injury of September 20, 1937, he examined X-rays of the respondent taken by Dr. Lynch, and that these X-rays disclosed marked osteoarthritis. Although it was the purpose of the witness to establish by this testimony that the respondent had osteoarthritis before September 20, 1937, and therefore the disability was a result of disease, the witness quite frankly admitted that an accidental injury such as described by the respondent would in all probability aggravate a prior arthritic condition. When the testimony of Dr. Glass, together with that of the expert witnesses presented by the respondent, is taken into account, we are of the opinion that the record contains evidence reasonably tending to support the finding of the commission that respondent has a permanent disability, and that the disability is a result of the aggravation of a prior arthritic condition, and that such *591 condition was caused by the accidental injury of September 20, 1937.
Award sustained.
BAYLESS, C. J., and OSBORN, HURST, DAVISON, and DANNER, JJ., concur.