Case Results

Vasquez v. Dilliard’s, Inc.

Practice Area: Workers compensation
Date: Sep 13, 2016
Outcome: The Oklahoma Supreme Court struck down the Opt Out Act on September 13, 2016 as an unconstitutional special law.
Description: Dilliard’s opted out of the Oklahoma Workers Compensation Act when it became lawful to do so on February 1, 2014. Subsequently multiple injured workers were denied benefits that would have otherwise due under the Workers’ Compensation Act. Employers were allowed to deny claims and if the employee sought an appeal the appeal was decided by Dillard’s much like the fox watching the hen house.

Hogg v. Oklahoma County Juvenile Bureau

Practice Area: Workers compensation
Date: Dec 11, 2012
Outcome: The case was denied at the trial level and we appealed to the Oklahoma Supreme Court where the decision was reversed and a rebuttable presumption was re-established.
Description: A new statute passed in 2011 purported to deny all workers’ compensation benefits if there existed any positive drug test. There existed no parameters concerning the timing of the testing or allowing rebuttal by an injured worker.

Squirrel v. Bordertown Bingo

Practice Area: Workers compensation
Date: Aug 19, 2005
Outcome: The Court of Appeals held that jurisdiction did exist because of the estoppel act.
Description: Question regarding whether the workers’ compensation court had jurisdiction over a tribal employee who sustained an on-the-job injury.

Jackson v. Cyclo LP Gas, Inc.

Practice Area: Workers compensation
Date: Aug 19, 2005
Outcome: The Court of Appeals held that the claimant timely filed his request to reopen his claim.
Description: Statute of Limitations question regarding a request to reopen a claim.

Davis v. Cherokee Nation Enterprises

Practice Area: Workers compensation
Date: May 25, 2004
Outcome: Court of Appeals held that sovereign immunity did not apply to the instant case and the workers’ compensation court did have jurisdiction over the claim.
Description: Question involving whether Cherokee tribe has sovereign immunity from claims filed in the workers’ compensation court.

In the Matter of the Death of Bryan

Practice Area: Workers compensation
Date: Jul 08, 2003
Outcome: The Supreme Court held that the surviving spouse was entitled to benefits even though not living with the decedent at the time of death and the natural children of the decedent were also entitled to benefits
Description: Death case involving a surviving spouse who was not living with the decedent at the time of death.

Ibarra v. Hitch Farms

Practice Area: Workers compensation
Date: May 21, 2002
Outcome: The Supreme Court held that the two year statute of limitations in effect at the time of this injury started as of the date payment was last made for medical treatment related to the injury
Description: Question regarding when the statute of limitations begins to run.

Multiple Injury Trust Fund v. Pullum

Practice Area: Workers compensation
Date: Dec 11, 2001
Outcome: The Supreme Court held that the accrual date was properly the last date temporary total disability was paid not the date the last injury was settled.
Description: Question regarding accrual date of permanent total disability benefits.

Thompson v. J.W. Buck Construction

Practice Area: Workers compensation
Date: Mar 13, 2001
Outcome: The Court of Appeals held that the claim was timely filed within the three year statute of limitations.
Description: Case involving statute of limitations with respect to claims for payment of medical services.

Central Plains Construction v. Hickson

Practice Area: Workers compensation
Date: May 26, 1998
Outcome: Court of Appeals held that claimant was covered by the workers’ compensation act even though he was off duty and sleeping in the motel room at the time of the assault.
Description: Case involving assault by a co-worker during a required motel stay.