Legal Opinion · Dissent

Fenwick v. Oklahoma State Penitentiary

Supreme Court of Oklahoma

Decided May 15, 1990No. 69691Published

1Dissent

KAUGER, Justice,

with whom OPALA, Vice Chief Justice, and DOOLIN, Justice, join, dissenting:

A plain reading of the applicable statutory provisions leads invariably to two conclusions: 1) psychological injury in the absence of accompanying physical trauma is not excluded from workers’ compensation coverage; and 2) it never has been. The facts presented here support the conclusion that the hostage suffered accidental personal injury during the course of his employment. Under the authority of Vanderpool v. State, 672 P.2d 1153, 1157 (Okla. *671983), recovery should be allowed in this case, but in…

2Cases cited90 opinions

  1. Hood v. Texas Indemnity InsuranceTexas Supreme Court · 1948
  2. Fought v. Stuart C. Irby Co.Mississippi Supreme Court · 1988
  3. Bailey v. American General Insurance CompanyTexas Supreme Court · 1955
  4. Vanderpool v. StateSupreme Court of Oklahoma · 1983
  5. Dale Walker v. Charles Rowe and David SandahlCourt of Appeals for the Seventh Circuit · 1986

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