Elliot v. Maverick Transportation

Andree Layton Roaf, Judge.

Appellant Jay Elliot appeals from the Workers’ Compensation Commission’s decision barring his claim under the election of remedies doctrine, and alternatively holding that Elliot failed to prove by a preponderance of the evidence that he was entitled to additional medical treatment and temporary total disability benefits. We agree that Elliot’s claim is barred by the election of remedies, and affirm.

Elliot, an Oklahoma resident, injured his back while employed as a truck driver for Maverick Transportation (Maverick), an Arkansas corporation, on January 18, 2001.…