Terry Motor Company v. Mixon

DAVISON, Justice.

Della Mixon, claimant, widow of Hunter Mixon, employee, obtained an award under the death benefit provisions of the Work men’s Compensation Act, 85 O.S.1951 § 1 et seq. This is the third time this court is called upon to review the proceedings in the present cause. In both prior actions the award was vacated without prejudice to a rehearing in the lower tribunal. See Terry-Motor Company v. Mixon, Okl., 336 P.2d 351 and 350 P.2d 953.

Challenged, as lacking evidentiary basis, is the finding of the State Industrial Court •that decedent’s fatal injury arose out of his employment…