SUMMARY OF COURT CHALLENGES – Cases and Issues Resolved Part-III
19. Bober v Oklahoma State University, 2016 OK 78 Challenge: The constitutionality of 85A O.S. § 2(13)(c) which denies coverage for injuries that occur in parking lots or common areas ADJACENT to the employer’s business. Decision: In Bober, Justice Gurich, writing for a 6-3 majority, rejected the parking lot exception because 2(13)(c) exempts from coverage injuries…
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TO TITLE 85A, THE ADMINISTRATIVE WORKERS’ COMPENSATION ACT Cases in Which Opinions Have Been Released for Publication or Issues Resolved: 1. Carlock v. Workers’ Compensation Commission, 2014 OK 29, Supreme Court No. 112,607 Challenge: Application for Original Jurisdiction to challenge seven provisions of 85A which gave the Workers’ Compensation Commission (Commission) authority to hear appeals…
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10. Jenkins v. Doak, Oklahoma County District Court No. CV-2015-784 Challenge: The district court action is a comprehensive constitutional challenge of OPT OUT, the Oklahoma Injury Benefit Act. The Plaintiff, whose claim was denied because she failed to report the injury within 24 hours to a toll-free number, requests the Court to prohibit the Insurance…
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