Dennis v. Harding Glass Co.

BUETTNER, Judge,

specially concurring:

I concur solely on the basis of Wise v. Wollery, 904 P.2d 151 (Okla.App.1995). However, the clear legislative intent of 85 O.S.1991 § 44 is thwarted by not applying § 44 when the employee seeks recovery of workers’ compensation benefits from the employer and also makes a claim under uninsured motorist insurance purchased by the employer. In this case, the employee elected to proceed against the employer’s insurance carrier standing in the shoes of the tortfea-sor. Section 44 clearly states that the employer is only required to contribute the deficiency…