Legal Opinion · Dissent

Visteon Corp. v. Yazel

Court of Civil Appeals of Oklahoma

Decided May 7, 2004No. 100,351Published

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

  1. Thomson v. GaskillSupreme Court of the United States · 1942
  2. United States Ex Rel. King v. Hillcrest Health Center, Inc.Court of Appeals for the Tenth Circuit · 2001
  3. McBride v. Citgo Petroleum Corp.Court of Appeals for the Tenth Circuit · 2002
  4. Booth v. McKnightSupreme Court of Oklahoma · 2003
  5. Shamblin v. BeasleySupreme Court of Oklahoma · 1999

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API