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Dempsey v. Ballard Nursing Center9/16/2003
he Oklahoma Supreme Court to support its reversal was that " o evidence was offered to support a conclusion that no aggravation of the condition had occurred or that the aggravation was solely due to factors beyond the work related stresses." Id. at 11, 752 P.2d at 802-03.
In holding that the claimant in Stiles was entitled to compensation for aggravation of his pre-existing condition, the Oklahoma Supreme Court said:
It is a general rule in Workers' Compensation Law that an employer takes an employee as he finds him. That is, if an employee has a predisposition to be sensitive to stressful situations, the employer cannot avoid liability when the stresses imposed by the employment situation result in disability on the part of the employee.
In Oklahoma disability resulting from the aggravation of a pre-existing disease or condition is compensable. Here the evidence established that work related stresses aggravated [claimant's pre-existing] condition . . . . The evidence that the stress existed was uncontroverted. There is a lack of competent evidence to oppose the connection between the work related stresses and the aggravation of the [pre-existing] condition. Accordingly, we find a lack of competent evidence to support the review panel's factual conclusion that [claimant] did not suffer an accidental and personal injury arising out of and in the course of his employment . . . .
Id. at 12, 13, 752 P.2d at 803 (footnotes omitted). This passage from Stiles is equally applicable to the instant case and we adopt it as our holding herein.
Accordingly, the majority order of the three-judge panel is vacated and this case is remanded to the three-judge panel with directions to set aside the trial court's denial of the claim and to determine the benefits to which claimant Dempsey is entitled.
VACATED AND REMANDED WITH DIRECTIONS.
GOODMAN, P.J., and RAPP, J., concur.
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