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SMITH v. WORKERS' COMPENSATION COURT

No. 54191.

618 P.2d 942 (1980)

Calvin W. SMITH, Petitioner, v. WORKERS' COMPENSATION COURT of the State of Oklahoma; The Austin Company; and/or Tulsa Acoustical Company; and/or Subcon Services, Inc.; and/or Bob Vale Paint Company; and/or Bob Vale Acoustical Drywall, Inc.; and/or General Accident Fire & Life; and/or Travelers Insurance Company; and/or U.S. F. & G. Insurance Company; and/or Hartford Insurance Company; and/or Mid-Continent Casualty Company, Respondents.

Supreme Court of Oklahoma.

October 14, 1980.

Attorney(s) appearing for the Case

John L. Harlan, Sellers & Harlan, Sapulpa, for petitioner.

Sanders, McElroy & Carpenter, Tulsa, for respondents, Tulsa Acoustical Co. and Travelers Insurance Co.

IRWIN, Vice Chief Justice.

Calvin W. Smith (claimant) sought workers' compensation benefits from several former employers and their insurance carriers for alleged disabilities resulting from an occupational disease (asbestosis). The trial tribunal denied recovery as against Tulsa Acoustical Company, The Austin Company and their respective insurance carriers on the theory that claimant was not "an employee of The Austin Company or Tulsa Acoustical Company on the last...

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