Keco, Inc. v. Hayward

¶ 1 I must respectfully dissent from that part of the majority’s opinion which holds 85 O.S. § 11(B)(5) was correctly applied. In my view, the Workers’ Compensation Court incorrectly found § 11(B)(5) applicable. That subsection was not the law at the definitive time here, that is, March 13, 2000, the date on which the Workers’ Compensation Court found Claimant first became aware his injuries were employment related.

¶2 The majority’s rationale for holding § 11(B)(5) applicable, and imposing the sole burden of liability on Medmarc, is that [1] Medmarc was the Employer’s insurer during a period…