Legal Opinion · Dissent

Cozart v. Special Indemnity Fund

Court of Civil Appeals of Oklahoma

Decided May 5, 1998No. 900942Published

1Dissent

. HANSEN, Judge,

dissenting:

' ¶ 1 I dissent.' The majority holds the finding — that Claimant had no obvious and apparent disability — may not be disturbed because either [1] Claimant failed to meet his burden of proving an obvious and apparent disability, i e., a pronounced limp at the time of'his 1993 injury, or [2] the Workers’ Compensation Court found Claimant not to be a credible witness. I am of the opinion Claimant did meet his burden of proof, but even if he did not, in the absence of a Workers’ Compensation Court finding on either point, I would vacate that court’s order.

¶2 I agree the…

2Cases cited14 opinions

  1. Garrison v. Bechtel Corp.Supreme Court of Oklahoma · 1995
  2. Bittman v. Boardman Co.Supreme Court of Oklahoma · 1977
  3. Benning v. Pennwell Publishing Co.Supreme Court of Oklahoma · 1994
  4. Bama Pie, Inc. v. RobertsSupreme Court of Oklahoma · 1977
  5. Parsons v. State Industrial CourtSupreme Court of Oklahoma · 1962

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