Opinion
No. 23053
Opinion Filed June 21, 1932. Rehearing Denied July 27, 1932.
(Syllabus.)
Master and Servant — Workmen's Compensation — Review of Awards — Incompetency of Witness not Objected to Below.
"Where a witness testifies before the State Industrial Commission as to the nature and extent of his disability and the same is not objected to upon the ground the witness is incompetent to testify, this court cannot say, as a matter of law, that the witness was incompetent. Petitioners failed to raise that question before the Industrial Commission, and it cannot be raised here for the first time." Employers' Liability Assurance Corp. v. Grant, 147 Okla. 177, 296 P. 389.
Original action by the Oklahoma Portland Cement Company for review of order and award of the State Industrial Commission in favor of P.W. Pitts. Affirmed.
Hatcher Kice, for petitioner.
Bruno Mayer, H.M. Shirley, and Robert D. Crowe, Asst. Atty. Gen., for respondents.
The facts stated in Oklahoma Portland Cement Company v. State Industrial Commission, No. 23052, decided June 14, 1932, are very similar to the facts in the case at bar, 158 Okla. 258, 13 P.2d 587. The rule of law stated in that decision is decisive of the issue herein presented. This award of the State Industrial Commission is affirmed upon the authority of the decision cited.
HEFNER, CULLISON, SWINDALL, ANDREWS, McNEILL, and KORNEGAY, JJ., concur. LESTER, C. J., and CLARK, V. C. J., absent.
Note. — See under (1), R. C. L. Perm. Supp. p. 6255.