Emery v. Wal-Mart Super Center No. 576

ADAMS, J.:

concurring by reason of stare decisis.

" 1 I agree that as to his back claim Claimant's testimony contains no inherent probabilities or contradictions and that the record otherwise contains no evidence of other circumstances which would justify an inference that Claimant's testimony is false. Accordingly, I am forced to conclude under Hughes v. Cole Grain Co., 1998 OK 76, 964 P.2d 206, and more recently what might be characterized as dicta in Tolbert v. Eastern Contracting, Inc., 1999 OK 23, 978 P.2d 358 that the Workers' Compensation Court was not free to find Claimant's evidence…