CNA Insurance Co. v. Ellis

WINCHESTER, V.C.J.

¶ 1 The primary issue presented in this cumulative trauma injury case is whether the enactment of 85 O.S.2001 § 11(B)(5), which effectively prohibits apportionment by imposing sole liability on the covering insurer on the date of last exposure, should be applied retroactively. We hold that in cumulative trauma injury matters, where the date of injury pre-dates the effective date of the statute, October 23, 2001, § 11(B)(5) is inapplicable.

BACKGROUND

¶ 2 Claimant, Vicki H. Adkins, began working for Employer, John W. Ellis, M.D., on July 19, 1999. She sustained work-related,…