Opinion
No. 23924
Opinion Filed May 9, 1933. Rehearing Denied May 23, 1933.
(Syllabus.)
1. Master and Servant — Workmen's Compensation — Question of Fact Whether Loss of More Than One Finger of Hand Constitutes Disability.
"Whether or not the loss of more than one finger constitutes a disability to the hand, incapacitating the workman from labor for which he is mentally and physically adapted is a question of fact for the Commission, and where more than one finger is lost and there is competent evidence showing that such loss of more than one finger results in disability to the hand, incapacitating the workman from labor for which he is mentally and physically adapted, the Commission is authorized to award compensation upon the basis of disability to the hand." Planters Gin Co. v. McCurley, 157 Okla. 273, 12 P.2d 173.
2. Same — Review of Awards — Sufficiency of Evidence.
Under the Workmen's Compensation Law, the State Industrial Commission is the finder and trier of the facts. An award of the Commission will not be disturbed by this court, provided there is competent evidence reasonably tending to support the same.
Original action in the Supreme Court by the Carl B. King Drilling Company et al. to review order and award made by the State Industrial Commission in favor of C.W. Farley. Award affirmed.
Thurman, Bowman Thurman, for petitioners.
Leo J. Williams and M.J. Parmenter, for respondents.
This action involves the rendition of an order of the Industrial Commission adverse to the petitioners. This is the second time this case comes to this court. The only question presented herein is whether there is any competent evidence reasonably tending to support the finding of the Industrial Commission that respondent, the injured employee, has suffered a change of condition, entitling him to an award of 30 per cent. permanent partial disability to the right hand as a result of an admitted compensable injury to the second, third, and fourth fingers of his right hand. This court, in the case of Planters Gin Co. v. McCurley, 157 Okla. 273, 12 P.2d 173, held that, whether the loss of more than one finger constituted disability to the hand, incapacitating the workman from labor for which he is mentally and physically adapted, was a question of fact for the Commission. No new propositions of law are presented in the instant case. Our decisions in industrial cases are replete with repeated announcements that the Industrial Commission is the trier and finder of the facts, and that this court does not weigh conflicting evidence in such cases. A finding of the Commission is conclusive upon this court, provided there is any competent evidence reasonably tending to support the same. A consideration of the record supports the award.
Award affirmed.
CULLISON, V. C. J., and ANDREWS, OSBORN, BAYLESS, and WELCH, JJ., concur. RILEY, C. J., and SWINDALL and BUSBY, JJ., absent.