Hammons v. Oklahoma Fixture Co.

OPALA, V.C-.J.

¶ 1 The dispositive issues on certiorari are whether the Court of Civil Appeals [COCA] (1) was correct in implicitly declaring a failure of competent proof to support the panel’s order that denied claimant’s quest for permanent total disability [PTD] and (2) erred in directing that on remand benefits be awarded to the claimant (based on his evidence) without first affording the employer an opportunity to supply the COCA-found void in its medical proof. We answer both questions in the affirmative.

I

THE ANATOMY OF LITIGATION

¶ 2 Otis Hammons (claimant) was adjudicated in 1997…