Thomas v. Sundowner

11 Claimant Henry A. Thomas seeks review of the trial court's order that denied his claim. The trial court held that Claimant's injuries at work fell within "the exception to compensability [under] 85 O.S. § 11(4)." 1 The trial court concluded "claimant was not a mere innocent victim to the altercation (fight) that ensued between himself and [a co-worker} which resulted in injuries." The trial court based this conclusion on a finding that "claimant had uttered extensive 'fighting words' prior to the alleged incident (altercation)" which provided "provocation" for the co-worker to strike…