Scruggs v. Edwards

EDMONDSON, V.C.J.

{1 The sole issue in the case is whether U.S. Supreme Court opinions Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Kumho Tire Co., Ltd. v. Patrick Carmichael et al., 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999), apply to an Oklahoma workers' compensation claim that is based upon an injury which occurred prior to July, 1, 2005, the effective date of two amendments that year of the Workers' Compensation Act. We conclude that the retroactive application is proper.

T2 In September 2001, Petitioners filed claims with…