Legal Opinion · Dissent

Beets v. Metropolitan Life Insurance Co.

Supreme Court of Oklahoma

Decided January 10, 2011No. 91,416Published

1Dissent

*1077OPALA, J.,

with whom LAVENDER, J., joins dissenting to denial of rehearing.

¶ 1 The court rewards today an employer who belatedly tendered a facially deficient medical report by rejecting the claimant’s timely probative-value objection for the failure of that in-court challenge to meet a new standard of specificity — one tougher than that fashioned in Gaines.1 I cannot accede to today’s pronouncement. It will impose a significant burden without providing a correlative benefit to the judicial decision-making process. Today’s tougher standard sub silen-tio demands that one’s objection to a…

2Cases cited8 opinions

  1. Hough v. LeonardSupreme Court of Oklahoma · 1993
  2. McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
  3. Gaines v. Sun Refinery and MarketingSupreme Court of Oklahoma · 1990
  4. Rush v. FrenchArizona Supreme Court · 1874
  5. LaBarge v. ZebcoSupreme Court of Oklahoma · 1988

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