Legal Opinion
Gray v. Ultramar Diamond, Shamrock Corp.
Supreme Court of Oklahoma
Decided July 6, 2004No. 98,237PublishedCited by 2 opinions
1Opinion of the Court
KAUGER, J.:
¶ 1 The question presented is whether, pursuant to 85 O.S.2001 § 11,1 the surviving spouse of an injured worker who dies during an operation which was necessitated because the employee sustained a work-related injury, is entitled to workers’ compensation death benefits. We hold that the surviving spouse is entitled to death benefits because the unrefuted facts show the work-related back injury necessitated the pacemaker operation as a precursor to the back surgery.
FACTS
¶2 On May 15, 2000, Joe Gray (employee/injured worker) hurt his lower back while carrying insulation for his…
2Cases cited12 opinions
- Parks v. Norman Municipal HospitalSupreme Court of Oklahoma · 1984
- Garrison v. Bechtel Corp.Supreme Court of Oklahoma · 1995
- Johnson v. Hillcrest Health Center, Inc.Supreme Court of Oklahoma · 2003
- Lacy v. Schlumberger Well ServiceSupreme Court of Oklahoma · 1992
- PFL Life Insurance Co. v. FranklinSupreme Court of Oklahoma · 1998
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3Cited by2 opinions
- EVANS & ASSOCIATES UTILITY SERVICES v. EspinosaSupreme Court of Oklahoma · 2011
- In Re Death of GraySupreme Court of Oklahoma · 2004