[Download] "Special Indemnity Fund v. Chambers" by Supreme Court of the State of Oklahoma ~ Book PDF Kindle ePub Free

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eBook details

• Title: Special Indemnity Fund v. Chambers
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 09, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

1 Claimant, while in the employ of Crown Drilling Company, sustained an accidental injury to his right index finger. His claim against his employer was settled on a joint petition on the basis of 75 per centum loss of use of the injured finger with an added "bonus" of $37.50, or for the total amount of $825 (26.25 weeks at $30 per week plus $37.50). In the present proceeding claimant sought a further award against the Special Indemnity Fund (hereinafter referred to as Fund) under the provisions of 85 O.S. 1951 § 171 and 85 O.S.Supp. 1959 § 172 . At the hearing to determine claimants rights as against the Fund it was stipulated that prior to his last accidental injury he was a physically impaired person by reason of a pre-existing impairment of the same finger. The only medical evidence admitted consists of a report by Dr. G in which claimants condition was evaluated as follows: (a) 20 per cent permanent partial disability to the injured finger is attributable to pre-existing impairment; (b) 35 per cent loss of use is due to the last accidental injury; (c) the combined disability to the finger amounts to 75 per centum; (d) there is a "material increase" of 20 per cent loss of use by reason of combined disabilities. The order of the trial judge follows the opinion of Dr. G and recites findings in accordance therewith. Based on such determination an award was entered against the Fund for 20 per cent partial loss of use of the right index finger or seven weeks of compensation at $30 per week.

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