Legal Opinion
Welty v. Martinaire of Oklahoma, Inc.
Supreme Court of Oklahoma
Decided January 25, 1994No. 77652PublishedCited by 47 opinions
1Opinion of the Court
SUMMERS, Justice.
May a truck driver sue the company that hired her to recover money withheld from her paychecks for the purpose of paying workers’ compensation insurance premiums? We hold that if the parties stand in an employer-employee relationship then the driver’s suit may proceed as an action for breach of contract, even if the parties had earlier agreed to the withholding arrangement. The basis for the Plaintiffs suit, and for our holding, is a statute in the Workers’ Compensation Act.
The Plaintiff Welty brought this suit in District Court as a class action on behalf of herself and…
2Cases cited11 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Holbert v. EcheverriaSupreme Court of Oklahoma · 1987
- Shebester v. Triple Crown InsurersSupreme Court of Oklahoma · 1992
- Cummings v. Board of EducationSupreme Court of Oklahoma · 1942
- Steenbergen v. First Federal Savings & Loan of ChickashaSupreme Court of Oklahoma · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Harmon v. CradduckSupreme Court of Oklahoma · 2012
- Groce v. FosterSupreme Court of Oklahoma · 1994
- McGINNITY v. KIRKSupreme Court of Oklahoma · 2015
- Courtney v. Oklahoma Ex Rel. Department of Public SafetyCourt of Appeals for the Tenth Circuit · 2013
- Marks v. Hentges (In Re Hentges)United States Bankruptcy Court, N.D. Oklahoma · 2007
42 more not listed; retrieve them via the Exa API.