Ranchwood Auto Lube v. Woessner

2004 OK CIV APP 24, 86 P.3d 1101, 75 O.B.A.J. 886, 2004 Okla. Civ. App. LEXIS 4, 2004 WL 503695
CourtCourt of Civil Appeals of Oklahoma
DecidedFebruary 6, 2004
DocketNo. 99,718
StatusPublished
Cited by1 cases

This text of 2004 OK CIV APP 24 (Ranchwood Auto Lube v. Woessner) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ranchwood Auto Lube v. Woessner, 2004 OK CIV APP 24, 86 P.3d 1101, 75 O.B.A.J. 886, 2004 Okla. Civ. App. LEXIS 4, 2004 WL 503695 (Okla. Ct. App. 2004).

Opinion

Opinion by

LARRY JOPLIN, Judge.

¶ 1 Petitioners Ranchwood Auto Lube and Compsource Oklahoma (collectively, Employer) seek review of an order of a three-judge panel of the Workers’ Compensation Court, affirming the trial court’s award of benefits for additional temporary total disability (TTD) to Respondent James Robert Woess-ner (Claimant). In this proceeding, Employer challenges the award of additional TTD as affected on a procedure not complying with 85 O.S. § 22(2)(b).

¶2 On or about March 7, 2002, Claimant allegedly suffered injury to his neck while performing the duties of his employment on Employer’s premises. Claimant filed a Form [1103]*11033 to commence the instant action on April 11, 2002, and subsequently sought benefits for TTD and medical treatment.

¶ 3 By order filed August 15, 2002 after a hearing, the trial court determined that Claimant suffered a compensable injury as alleged and awarded benefits:

-3.-
THAT as a result of said injury, [Cjlaim-ant has been [TTD] and is still [TTD] and in need of further medical treatment, care and attention, and is entitled to compensation for such disability. Compensation is due at the rate of $315.00 per week from April 25, 2002 to DATE, a period of 15 weeks and 4 days in the amount of $4,977.00 (lien wage earned by the [Claimant at any time from March 7, 2002 and continuing). Compensation shall continue for and during [Claimant’s period of TTD, not to exceed 52 weeks.

By order nunc pro tunc filed September 10, 2002, the trial court vacated paragraph three of its August order and substituted a new paragraph three, which provided:

THAT as a result of said injury, [Claimant has been [TTD] and is still [TTD] and in need of further medical treatment, care and attention, and is entitled to compensation for such disability. Compensation is due at the rate of $315.00 per week from April 25, 2002 to DATE, a period of 15 weeks and 4 days in the amount of $4,977.00 (less wages earned). Compensation shall continue for and during [C]laim-ant’s period of TTD, not to exceed 52 weeks.

¶ 4 Employer paid Claimant weekly TTD for 52 weeks as ordered, then ceased payments. After an unscheduled and untran-scribed conference with counsel for Claimant and Employer on May 19, 2003, the trial court entered an order, filed May 23, 2003, granting Claimant benefits for an additional 52 weeks of TTD:

The Court having considered the evidence and records on file, and being well and fully advised in the premises FINDS AND ORDERS AS FOLLOWS:
-1.-
THAT the [Employer] is directed to continue the payment of [TTD] benefits not to exceed 52 weeks from the date of filing of this order.

¶ 5 Employer appealed to a three-judge panel, alleging: (1) “the trial court erred in determining Claimant had a compensable injury,” (2) “the trial court erred in awarding [TTD] benefits to continue for a period of time not to exceed 52 weeks,” and (3) “the Court order is contrary to the evidence presented.” On consideration of the record and argument, the three-judge panel affirmed by a 2-1 vote. Employer now seeks review in this Court.

¶ 6 In its first proposition, Employer asserts the trial court’s initial order granting TTD for a period “not to exceed 52 weeks” clearly evinces a judicial determination that the claim is governed by 85 O.S. § 22(2)(b), which provides:

With respect to injuries occurring on or after November 4, 1994, in eases of temporary total disability, seventy percent (70%) of the employee’s average weekly wages shall be paid to the employee during the continuance thereof, but not in excess of fifty-two (52) weeks, except as otherwise provided in the Workers’ Compensation Act. Provided, after compensation has been paid for a period of forty-two (42) weeks, the employee may request a review of the case by a judge of the Court for continued temporary total disability benefits provided by the Workers’ Compensation Act. Upon a finding that benefits should be extended beyond the initial fifty-two-week period, compensation may be continued for additional successive fifty-two-week periods, provided the employee has requested review of the case at forty-two (42) weeks during each period involved, and upon a finding by the Court that benefits should be extended. Total payments of compensation for temporary total disability may not exceed a maximum of three hundred (300) weeks in the aggregate.

(Emphasis added.) So, says Employer, because Claimant did not request review and [1104]*1104extension of TTD “after compensation has been paid for a period of forty-two (42) weeks,” but before expiration of “the initial fifty-two-week period,” Claimant is not entitled to additional benefits for TTD.

¶ 7 Claimant responds, asserting that because his injury occurred after November 1, 1997, his right to TTD is governed by 85 O.S. § 22(2)(c), which provides:

With respect to injuries occurring on or after November 1, 1997, total payments of compensation for temporary total disability may not exceed a maximum of one hundred fifty-six (156) weeks in the aggregate except for good cause shown, as determined by the Court.

So, says Claimant, because § 22(2)(c) controls and allows him TTD of “a maximum of one hundred fifty-six (156) weeks in the aggregate,” there is no requirement for a forty-two week application for review, nor could Employer terminate TTD pursuant to the review-and-extension provisions of § 22(2)(b).

¶ 8 Prior to November 4, 1994, § 22(2) imposed a 150-week limit on an award of benefits for TTD. However, that version of § 22(2) permitted an award of an additional 150 weeks of TTD on application to and review by the Workers’ Compensation Court “after one-hundred forty (140) weeks.” 1

¶ 9 Effective November 4, 1994, the Legislature amended § 22(2). By the 1994 amendments, the Legislature designated the existing section as § 22(2)(a) to apply “with respect to injuries occurring before the effective date of the” amendment, and added § 22(2)(b) “[w]ith respect to injuries occurring on or after the effective date of the” amendment. New § 22(2)(b) limited benefits for TTD to one 52-week period, subject to extension for “additional successive fifty-two-week periods, provided the employee has requested review of the case at forty-two (42) weeks during each period involved, and upon a finding that benefits should be extended,” but not to “exceed a maximum of three hundred weeks in the aggregate.”

¶ 10 Effective November 1, 1997, the Legislature again amended § 22(2). The Legislature made § 22(2)(a) applicable “with respect to injuries occurring before November 4, 1994,” and made § 22(2)(b) applicable “with respect to injuries occurring on or after November 4, 1994.” The Legislature also added § 22(2)(c), applicable “with respect to injuries occurring on or after November 1, 1997,” and limiting aggregate TTD benefits to 156 weeks “except for good cause shown, as determined by the [Workers’ Compensation] Court.”

¶ 11 Section 22(2) has since remained substantially unchanged. The problem posed by the present case, however, is the absence in subsection (c) of the application/review/extension provisions of (a) and (b).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Williams Companies v. Dunkelgod
2012 OK 96 (Supreme Court of Oklahoma, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
2004 OK CIV APP 24, 86 P.3d 1101, 75 O.B.A.J. 886, 2004 Okla. Civ. App. LEXIS 4, 2004 WL 503695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ranchwood-auto-lube-v-woessner-oklacivapp-2004.