Pryse Monument Co. v. District Court of Kay County

The facts are succinctly stated by the majority.

We are to decide what effect an unap-pealed judgment, rendered in the Industrial Court, has on an injured employee’s right to proceed under 85 O.S.1971 § 12.1 The judg*439ment rendered by the Industrial Court was grounded upon the statutory limit of one year contained in 85 O.S.1971 § 43.2

The majority decides an employee is bound by his election to proceed under § 43 of the Act and that the judgment of the Industrial Court is an “inchoate bar”, to proceeding under § 12 of the Act. To me inchoate means an imperfect, partial or unfinished right or act…