Legal Opinion · Concurring in part, dissenting in part

Multiple Injury Trust Fund v. Wade

Supreme Court of Oklahoma

Decided February 26, 2008No. 103,067Published

1Concurring in part, dissenting in partWatt, J.

T1 I find little fault with the majority's interpretation of 85 0.8. Supp.1986 § 48 (B)1 and its conclusion that the five year limitations period under the statute begins to run either from the date of the filing of a claim or from the date of the last compensatory payment. The issue was settled by Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14, 939 P.2d 26, accorded precedential value pursuant to this Court's release of the opinion for publication in the official reporter.2 Carlile holds, as does the majority opinion, that a claim filed under § 48(B) is timely when filed "less than…

2Cases cited3 opinions

  1. Horvat v. State, Ex Rel. Department of CorrectionsSupreme Court of Oklahoma · 2004
  2. Special Indemnity Fund v. CarlileCourt of Civil Appeals of Oklahoma · 1997
  3. West v. State ex rel. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1999

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