In the Matter of Death of Takagi

Supreme Court of Oklahoma

In the Matter of Death of Takagi

1983 OK 38, 662 P.2d 308, 1983 Okla. LEXIS 171

CourtSupreme Court of Oklahoma

DecidedApril 19, 1983

Docket57125

StatusPublished

Cited by4 cases

This text of 1983 OK 38 (In the Matter of Death of Takagi) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Matter of Death of Takagi, 1983 OK 38, 662 P.2d 308, 1983 Okla. LEXIS 171 (Okla. 1983).

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Opinion

MEMORANDUM DECISION

WILSON, Justice.

Upon consideration of the above styled and captioned cause the Court finds:

Certiorari was granted September 13, 1982.

The decision of the Court of Appeals, Division 2, is not in accordance with the applicable decisions of this Court.

It is well settled that it is not the province of the reviewing court to weigh the evidence in a workers’' compensation case, or to determine where the preponderance lies. Rather, it examines the record only to ascertain whether the order is supported by any competent evidence. Graves v. Safeway Stores, Inc., 653 P.2d 1236 (Okl.1982); Wilkinson v. McGehee, 651 P.2d 671, 672 (Okl.1982); In the Matter of the Death of Sade, 649 P.2d 538, 540 (Okl.1982); Loggins v. Wetumka Gen. Hosp., 587 P.2d 455, 457 (Okl.1978); Sooner Const. Co. v. Brown, 544 P.2d 500, 502 (Okl.1975).

An examination of the record reflects that there is competent evidence to support the en banc order of the Workers’ Compensation Court that Petitioner did not suffer an accidental injury arising out of or in the course of his employment.

The opinion of the Court of Appeals, Division 2, should be vacated and en banc order of the Workers’ Compensation Court should be reinstated.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT THE OPINION OF THE COURT OF APPEALS, DIVISION 2, BE VACATED, AND.THE EN BANC ORDER OF THE WORKERS’ COMPENSATION COURT BE REINSTATED.

SIMMS, V.C.J., and IRWIN, LAVENDER, DOOLIN, HARGRAVE and OPALA, JJ., concur.

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MEMORANDUM DECISION

WILSON, Justice.

Upon consideration of the above styled and captioned cause the Court finds:

Certiorari was granted September 13, 1982.

The decision of the Court of Appeals, Division 2, is not in accordance with the applicable decisions of this Court.

It is well settled that it is not the province of the reviewing court to weigh the evidence in a workers’' compensation case, or to determine where the preponderance lies. Rather, it examines the record only to ascertain whether the order is supported by any competent evidence. Graves v. Safeway Stores, Inc., 653 P.2d 1236 (Okl.1982); Wilkinson v. McGehee, 651 P.2d 671, 672 (Okl.1982); In the Matter of the Death of Sade, 649 P.2d 538, 540 (Okl.1982); Loggins v. Wetumka Gen. Hosp., 587 P.2d 455, 457 (Okl.1978); Sooner Const. Co. v. Brown, 544 P.2d 500, 502 (Okl.1975).

An examination of the record reflects that there is competent evidence to support the en banc order of the Workers’ Compensation Court that Petitioner did not suffer an accidental injury arising out of or in the course of his employment.

The opinion of the Court of Appeals, Division 2, should be vacated and en banc order of the Workers’ Compensation Court should be reinstated.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT THE OPINION OF THE COURT OF APPEALS, DIVISION 2, BE VACATED, AND.THE EN BANC ORDER OF THE WORKERS’ COMPENSATION COURT BE REINSTATED.

SIMMS, V.C.J., and IRWIN, LAVENDER, DOOLIN, HARGRAVE and OPALA, JJ., concur.

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1983 OK 38, 662 P.2d 308, 1983 Okla. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-death-of-takagi-okla-1983.

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