Barros v. H.v. Middleton

¶1 On the 17th day of February, 1955, Wayne Barros, hereinafter called claimant, filed his first notice of injury
and claim for compensation stating that on March 15, 1953, while employed by H.V. Middleton, Inc., employer, he sustained
an accidental injury arising out of and in the course of his employment when he hurt his back, left hip and sustained other
injuries. On June 28, 1955, the State Industrial Commission denied an award on the sole ground that the claim was not filed
within the statutory period. 85 O.S. 1951 § 43 [85-43]. ¶2 The record discloses without substantial dispute that claimant was injured when struck by a pipe while at a
well location of the employer. He was immediately hospitalized and treated by Dr. L and dismissed from the hospital April
11, 1953. He was sent by Dr. L to, and examined by, Dr. H, a nerve specialist, on April 23, 1953. Dr. L stated that after
the report of Dr. H claimant was dismissed for duty April 30, 1953. He telephoned Dr. L in February 1955, and was again sent
to Dr. H who examined claimant about February 23, 1955.