Cherry v. Eagle-Picher Company

JACKSON, Justice.

The present proceeding was instituted below under the provisions of the Occupational Disease Amendment to the Workmen’s Compensation Act. 85 O.S.Supp.1959 § 3, subdiv. (7) and (16) (m). Claimant sought statutory benefits for permanent total disability due to affliction with silicosis. The State Industrial Court denied the claim based on its finding that “ * * * claimant does not have silicosis, nor is he permanently and totally disabled * * * It is to be noted that silicosis is not compensable under the Act, unless it results in permanent total disability. 85 O.S.Supp.1959 §…