Legal Opinion

Special Indemnity Fund v. Carson

Supreme Court of Oklahoma

Decided May 11, 1993No. 78320PublishedCited by 18 opinions

1Opinion of the Court

HODGES, Chief Justice.. The dispositive issue in this case is whether a finding pursuant to J. C. Penney Co. v. Crumby, 584 P.2d 1325 (Okla.1978) {Crumby finding), that the claimant had a pre-existing disability at the time of the award of workers’ compensation disability is a previous adjudication under Okla.Stat. tit. 85, §§ 171-72 (1991), so as to bestow jurisdiction on the Workers’ Compensation Court and trigger liability for the Special Indemnity Fund (Fund). We find that it is not. This determination moots all other issues.

The relevant facts are undisputed. On May 31, 1987, the…

2Cases cited5 opinions

  1. J. C. Penney Co. v. CrumbySupreme Court of Oklahoma · 1978
  2. Special Indemnity Fund v. FigginsSupreme Court of Oklahoma · 1992
  3. Special Indemnity Fund of the Oklahoma v. TylerSupreme Court of Oklahoma · 1961
  4. SPECIAL INDEMNITY FUND OF THE STATE v. IvenSupreme Court of Oklahoma · 1955
  5. Dorris v. Continental Carbon Co.Supreme Court of Oklahoma · 1986

3Cited by18 opinions

  1. BALL v. MULTIPLE INJURY TRUST FUNDSupreme Court of Oklahoma · 2015
  2. MULTIPLE INJURY TRUST FUND v. SUGGSupreme Court of Oklahoma · 2015
  3. Special Indemnity Fund v. DavisCourt of Civil Appeals of Oklahoma · 1996
  4. Special Indemnity Fund v. RichardsonCourt of Civil Appeals of Oklahoma · 1996
  5. Miville v. Special Indemnity FundCourt of Civil Appeals of Oklahoma · 1997

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