State's High Court Rules in Workers Compensation Case

Article excerpt

The following summarize recently filed local and 10th Circuit opinions Oklahoma Supreme Court

For the week ended April 6 Samuel Ronald Phillips vs. Duke Manufacturing, Liberty Mutual Insurance and the Workers Compensation Court., No. 90,880. 1999 OK 25. An injured employee is entitled to receive benefits for each work- related injury resulting in temporary total disability (TTD). An injured worker who had collected the maximum amount of TTD payments for his original injury may, therefore, receive additional compensation if he suffers a consequential injury during treatment for the original injury. The statutory limit of 300 weeks per injury does not limit compensation for a new injury based on the number of weeks paid on a previous injury. Vacated and remanded. Isa Abd'allah Ramadan Shabazz, a/k/a Jimmy Phillips vs. Frank Keating, et al. An order imposing sanctions for the filing of a frivolous action against an inmate seeking review of a legitimate question of first impression places an impermissible burden on the prisoner's access to the courts. The parole process affects only a prisoner's expectation of early release, not a constitutionally protected liberty interest. The Pardon and Parole Board is explicitly exempted from trial-type adjudicative process generally required by Article II of the Administrative Procedures Act. The board's consideration of a letter commenting on Shabazz's alleged abuse of habeas corpus, post- conviction relief and his use of variations of his surname is not subject to judicial review in a prisoner's action. Reversed with directions to expunge sanctions. Oklahoma Court of Civil Appeals For the week ended April 6 Nancy Himes vs. Country Style Health Care, Oklahoma Management Group and the Workers Compensation Court, No. 91,489. The Workers Compensation Court may not include in a claimant's "wages" mileage reimbursement payments without competent evidence that the payments were intended to provide an economic benefit to the claimant. An order of a three-judge panel considered a claimant's request for continuing temporary total disability benefits by ordering the relevant portion of the trial court's order to remain in effect. The failure of the employer to make an objection on a specific ground to a doctor's report cause any alleged error not to be preserved for appellate review. Sustained in part and remanded. Oklahoma Court of Criminal Appeals For the week ended April 6 State of Oklahoma vs. Michael Young; State of Oklahoma vs. John Veith, No. S-98-344. The statutory authorization for the state to appeal a magistrate's adverse ruling sustaining a demurrer to an information does not authorize an appeal of an adverse ruling sustaining a demurrer to an indictment. Therefore, the state did not timely file its appeal to Young's demurrer. Opinions of the Oklahoma Supreme Court are not binding on the Court of Criminal Appeals but are persuasive. The funds of the State Insurance Fund are not public funds, as defined by statute. Thus, the trial court did not abuse its discretion granting Veith's demurrer. Affirmed. Attorney General Office For the week ended March 3 Requested by Dianne Barker Harrold, district attorney, District 27, No. 98-47. 1. Absent permission pursuant to state statute, Wagoner County may not locate a detached annex to its jail on property within 1,000 feet of an elementary school, not withstanding that the main jail already exists within that distance and is exempted from the distance requirements because it was in operation before May 20, 1994. 2. Under the applicable statute, the Wagoner School Board may grant permission for the jail annex even though it will be located within 1,000 feet of an elementary school. For the week ended March 15 Requested by State Rep. Jari Askins, No. 99-1. 1. County commissioners determine the salaries of all county officers. 2. The County Budget Act (CBA) is a procedural code designed to be an alternative to the county budget procedures specified in Title 68 of the Oklahoma Statutes. …