Facts About Oklahoma’s Workers’ Compensation
Oklahoma is the city of beautiful sunsets, rapid weather changes and where locals gulp down sweet tea to warm the soul. But even in the best of places things can go awry and accidents can happen, even at the workplace. It’s then that you’d wish you knew more of the laws of this caring city….
Read MoreWhat to Do after a Construction Accident
Accidents at construction sites are a common phenomenon, despite the many measures taken by construction companies to follow the safety norms. Many things cause accidents and injuries at construction sites such as scaffolding, welding forklifts, cranes, elevators, chemical explosions, tools equipment trucks, tripping hazards, electricity/live wires, and more. And when an accident occurs there are…
Read MoreWhat Makes You Eligible For Social Security Disability or SSI?
You could be denied or awarded Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits depending on the evidence that you provide. Your eligibility will depend on three types of evidence, that you provide to the Social Security Office. Medical proof Medical evidence plays a vital role in helping you prove your disability. Your medical…
Read MoreCommon Myths About Elder Abuse
The elderly are sometimes the butt of gruesome abuse, with layers and layers of complexity that cannot be seen by the naked eye. In fact, what you see or don’t see may only be a piece of the “abuse”. Elder abuse may consist of a woman developing bed sores from neglect in a nursing home…
Read MorePersonal Injury: Car Accidents Involving Pedestrians
Pedestrian accidents are sometimes inevitable and can result in serious injury or death. If you are the operator of the motor vehicle that collides with a pedestrian, it can be a terrifying event. As a driver, it is vital to know what to do immediately after any such accident. You must remain calm and talk…
Read MoreSummary Of Court Challenges – Part I
TO TITLE 85A, THE ADMINISTRATIVE WORKERS’ COMPENSATION ACT Updated February 1, 2018 Four years ago to the day, an Act became effective in Oklahoma making devastating cuts to workers’ compensation benefits. Attorneys who represent injured workers, like Brandon Burton, advised law makers at the time that at least 52 of the new statutes contained in…
Read MoreSummary Of Court Challenges – Part II
PRE-EXISTING CONDITION Gillispie v. Estes, 2015 OK CIV APP 93, 361 P.3d 543 Challenge: Claimant appealed ALJ order that he had no compensable injury because he had a previous injury to the same part of the body. Decision: Oklahoma Court of Appeals, Division IV, reversed ALJ’s opinion and held: (1) An aggravation of a pre-existing…
Read MoreSummary Of Court Challenges – Part III
SUBROGATION Rogers v. Sims and UPS, Intervenor, Grady County District Court, CJ-2015-2 Challenge: UPS was trying to recover its comp payments in a death case through Section 43 subrogation. The Plaintiff argued that subrogation in a workers’ compensation death case in Oklahoma is unconstitutional. Decision: District Judge Richard Van Dyck ruled that Article 23, Section…
Read MoreSummary Of Court Challenges – Part IV
OIL AND GAS IMMUNITY Strickland v. Stephens Production Company, 2018 OK 6 Challenge: 85A O.S. Sec. 5(A) gave oil and gas operators immunity from third party negligence action. In other words, even if an oil and gas operator was negligent, it could not be sued by an employee of another company that was injured or…
Read MoreSummary Of Court Challenges – Part V
ISSUES PENDING JURISDICTION AND DEFINITION OF INJURY Lynch v. Bridgestone, Court of Existing Claims No. 2016-01031J Challenge: In a cumulative trauma injury with a date of awareness of 2013, does the Commission now have jurisdiction because more than two years passed from the effective date of the AWCA and the filing of the Form 3? Decision:…
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