Muscogee (Creek) Nation v. Smith

HARGRAVE, Justice.

¶ 1 The issue is whether an employee of the Muscogee (Creek) Nation (hereinafter “Nation”) who is covered by a policy of worker’s compensation insurance, purchased by Nation from the State Insurance Fund, may pursue the claim in workers’ compensation court. We recently answered the identical question in the affirmative in Dominic v. State Insurance Fund, 1997 OK 41, 936 P.2d 935 (1997). Accordingly, we find that the workers’ compensation court was correct in not dismissing the case below because the employee, as third-party beneficiary of the insurance contract, may enforce…