Energy Exchanger Co. v. Hill

¶ 1 I must respectfully dissent from that part of the majority’s opinion which holds 85 O.S. § 11(B)(5) was applicable here. In my view, the Workers’ Compensation Court correctly found § 11(B)(5) inapplicable. That subsection was not the law at the definitive time here, that is, “the early to mid 1990’s”, the time the Workers’ Compensation Court found Claimant first became aware his injuries were employment related.

¶2 The majority’s rationale for holding § 11(B)(5) applicable, and imposing the sole burden of liability on CUST-O-FAB, is that [1] CUST-O-FAB was Claimant’s Employer during a…