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KERR'S, INC. v. SMITH

No. 38709.

359 P.2d 330 (1961)

KERR'S, INC., a Corporation, and Aetna Casualty & Surety Company, a Corporation, Petitioners, v. James SMITH and the State Industrial Court, Respondents.

Supreme Court of Oklahoma.

February 7, 1961.

Attorney(s) appearing for the Case

Ross & Holtzendorff, Jay R. Bond, Oklahoma City, for petitioners.

Joe M.T. Wilson, Hugh F. Owens By W.A. Bill McWilliams, Oklahoma City, Mac Q. Williamson, Atty. Gen., for respondents.

IRWIN, Justice.

On June 12, 1957, James Smith received an award for 40% permanent partial disability (being 200 weeks), as a result of an accidental injury suffered in the course of his employment with Kerr's Inc., on November 15, 1956. This award was commuted to a lump sum on December 12, 1957, and paid in full.

In January, 1959, and before the expiration of the 200 weeks for which he had received a lump-sum payment...

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