69 P.2d 1040 | Okla. | 1937
The parties will be referred to as petitioner and respondents.
Petitioner was injured while lifting a garbage can onto a dray or truck after cleaning out an electric dish washing machine at a hospital. One of his duties was to feed the dish washing machine, and after completing the operation empty the garbage into the cans, and it was while in the ordinary disposal of the garbage in and about the kitchen of a hospital that he claims that he sustained the injury.
The jurisdiction of the commission was denied by the respondent on the ground that it was not engaged in hazardous employment within the terms of the compensation law. The commission, after a hearing, found that the petitioner did not sustain an accidental injury while engaged in hazardous employment within the terms of the Workmen's Compensation Law. The order must be affirmed. Hardy Sanitarium v. DeHart,
We conclude that the commission did not err as a matter of law, and the order denying the award is affirmed.
OSBORN, C. J., BAYLESS, V. C. J., and CORN, GIBSON, and HURST, JJ., concur. *387