Miller v. American Airlines

REIF, Judge.

The sole issue presented by Claimant on review is whether the trial court and three-judge panel properly applied the graduated disability scale under 85 O.S.Supp.1995 § 22(3)(b) in awarding compensation for 8% permanent partial disability to Claimant’s body as a whole. The scale provides a differing basis of compensation for four ranges of disability: 0-9%; 10-20%; 21-50%; and 51-100%. The trial court and three-judge panel held that the 8% disability rating should be considered by itself in determining where on the scale it falls and the basis of compensation to be awarded.

Claimant…