(DOWNLOAD) "Restaurant v. Gossett" by Supreme Court of the State of Oklahoma " eBook PDF Kindle ePub Free
eBook details
- Title: Restaurant v. Gossett
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 13, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1 This is the second appeal involving the parties in this proceeding. The first one was disposed of in 1800 Restaurant,
Inc., v. Gossett, Okl., 262 P.2d 437, 438. In vacating the award we stated: "* * * We are of the opinion, however, that the cause should be remanded for further proceedings. It is fundamental that
all parties have an opportunity to develop their case before the State Industrial Commission. On the 21st day of January,
1953, the claimant filed employee's first notice of injury and claim for compensation and in this form under the place for
listing the cause of the accident we find the word `lifting.' On the 27th day of January, 1953, Dorothy L. Carter, owner of
the restaurant, filed employer's first notice of injury and stated `lifting the heavy pots and pans in the restaurant caused
a hernia in the right draw' and stated under the extent of injury `hernia in the right draw.' It is apparent from an examination
of these instruments that both the employer and the claimant at the time they filed these instruments thought that claimant
had sustained a hernia by reason of lifting heavy pots and pans. The evidence discloses that claimant has been a cook for
32 years. In pursuing his work as a cook and lifting heavy pots and pans it of course must occur to him that this is ordinary
work and in the language of a layman it would not constitute any unusual strain. Claimant was not represented by counsel in
the proceeding before the trial commissioner. Attorney for petitioners, as he had a right to do, pursued such questions as
would tend to disclose that claimant did not sustain a hernia by reason of any strain. We are of the opinion, however, that
this is a case in which the claimant should be permitted to develop the actual facts surrounding his work with the aid of
counsel and to be given an opportunity to offer in support medical testimony necessary to establish his claim."