OK Iron & Metal Co. v. Gardner

*406 MEMORANDUM OPINION

JONES, Judge:

Petitioner appeals an order of the Three-Judge Panel of The Workers’ Compensation Court which modified the order of the trial court. The review panel awarded a lump sum permanent partial disability payment to the estate of the now deceased, injured employee. The issue to be determined is a legal one — whether the award abated upon the death of the injured claimant.

The facts are undisputed. The employee, Lynn J. Gardner, sustained a compensable personal injury while in Respondent’s employ on or about September 12, 1990. His employer paid temporary total…