Simmons v. B & M Collision Inc.

OPINION

ADAMS, Judge:

¶ 1 Bonnie Simmons (Claimant) asks us to set aside an order of a three-judge panel of the Workers’ Compensation Court which affirmed a trial court order denying her claim for permanent partial disability benefits due to cumulative trauma injury allegedly sustained while employed by B & M Collision, Inc., (hereinafter Employer collectively with its insurer, the State Insurance Fund). The basis for the trial court’s denial was that Claimant “does not constitute an ‘employee’ as defined by the Workers’ Compensation Act, 85 O.S. § 3(4).”1

¶ 2 Because the existence of an…