Visteon Corp. v. Yazel
Court of Civil Appeals of Oklahoma
1Dissent
Dissenting Opinion by
BAY MITCHELL, Presiding Judge:
¶ 1 The majority’s opinion hinges on imposing a burden of “strict proof’ on Visteon to prove compliance with the notice provision in 68 O.S.2001 § 2884(B) to establish the district court’s jurisdiction to hear its appeal. Their sole authority is Macsuga v. Moreno, 2003 OK 24, ¶ 5, 66 P.3d 409, 411, a worker’s compensation case that holds the claimant “must be held to strict proof that he was an employee of [respondant/employer] in order to be covered by the provisions of the [Workers’ Compensation] Act.” I disagree that strict proof is…
2Cases cited16 opinions
- Thomson v. GaskillSupreme Court of the United States · 1942
- United States Ex Rel. King v. Hillcrest Health Center, Inc.Court of Appeals for the Tenth Circuit · 2001
- McBride v. Citgo Petroleum Corp.Court of Appeals for the Tenth Circuit · 2002
- Booth v. McKnightSupreme Court of Oklahoma · 2003
- Shamblin v. BeasleySupreme Court of Oklahoma · 1999
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