WALLEN v. CARRIER

WALLEN v. CARRIER
1937 OK 400
70 P.2d 100
180 Okla. 445
Case Number: 27424
Decided: 06/15/1937
Supreme Court of Oklahoma

WALLEN et al.
v.
CARRIKER et al.

Syllabus

¶0 1. WORKMEN'S COMPENSATION - Compensable Injury to Deliveryman of Wholesale Establishment Received in Street Traffic.
An employee in a wholesale establishment, engaged as a deliveryman and injured in traffic, is entitled to an award for an injury arising out of and in the course of his employment under a liberal interpretation as enjoined upon the courts by statutory law.
2. SAME - Law Applicable Where Employee's Work Is Integral Part of Industry Defined as Hazardous Though Work Performed in Place or Under Conditions not Inherently Hazardous.
When the work of an employee is manual or mechanical and is connected with, incident to and an integral part of business or industry enumerated in and defined as hazardous by the Workmen's Compensation Law, such employee is both protected and bound by the provisions of said act notwithstanding the fact that such work may be performed in a room or place or under conditions not inherently hazardous. Wilson & Co. v. Musgrave, 180 Okla. 246, 68 P.2d 846.

Original action in Supreme Court by J.W. Wallen, doing business as Maywood Baking Company, and insurance carrier to review an award of the State Industrial Commission in favor of Roy Carriker. Award affirmed.

Clayton B. Pierce and T.B. Rucker, for petitioners.
Mac Q. Williamson, Atty. Gen., Houston W. Reeves, Asst. Atty. Gen., and Dan Nelson, for respondents.

RILEY, J.

¶1 The opinion in cause No. 27442, Pemberton Bakery v. State Industrial Commission and J.M. Blancett, this day rendered, is hereby adopted as the opinion in this cause, 180 Okla. 446, 70 P.2d 98.