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HODGES, Vice Chief Justice (dissenting).
Injuries caused by emotional stress, worry or anxiety, which are not related to an accidental injury, are not compensable under the Workman’s Compensation Act. The Act provides compensation for an accidental injury only.
In the present case the evidence shows the duodenal peptic ulcer of the decedent was caused by emotional tension. Traumas caused by emotional outlets, are not accidental injuries within the purview of the Workman’s Compensation Act. This court has never held that emotional diseases by themselves are compensable, unless it was preceded by a causal accidental injury.
The legislature has provided coverage for specific occupational diseases. 85 O.S. § 3. The fact that an ulcer is not listed as an occupational disease lends support to the proposition that no coverage was intended.
I respectfully dissent.
I am authorized to state that Justice BERRY concurs in the views herein expressed.
Document Info
Docket Number: 46822
Citation Numbers: 535 P.2d 688, 1975 OK 52, 1975 Okla. LEXIS 379
Judges: Lavender, Williams, Davison, Barnes, Simms, Doolin, Hodges, Irwin, Berry
Filed Date: 4/8/1975
Precedential Status: Precedential
Modified Date: 10/19/2024