Farmers Cooperative Association v. Madden

1 Employer challenges, as unsupported by competent evidence, the finding of the trial tribunal that claimants disabling condition of the heart resulted from an accidental personal injury within the meaning of the Workmens Compensation Act, 85 O.S. 1951 ? 1 et seq. Under the law, we are urged, the matter submitted for our consideration must be treated as jurisdictional in nature and this court will therefore examine the entire record to make its independent determination of the issue. The authorities cited in support of this argument are clearly inapposite. They announce the rule which governs on review of such well recognized jurisdictional prerequisites as the existence of an employer-employee relationship or the absence of an intervening bar of statutory limitation. Whether a workman engaged in hazardous employment did actually sustain the accidental injury to which his disability is sought to be attributed, presents a question of fact to be resolved by the State Industrial Court. Its finding on such issue will not be disturbed on review when reasonably supported by competent evidence. See Young v. Neely, Okl., 353 P.2d 111, and the cases cited therein.