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Oil Well Cementers12/4/2003
Mandate Issued: 01/05/2004
__ P.3d __
Petitioners Oil Well Cementers, Inc. and Petrosurance Casualty Company (collectively, Employer) seek review of the trial court's order granting benefits for permanent total disability (PTD) to Respondent Dale Thompson, Jr. (Claimant). In this proceeding, Employer complains the trial court (1) erred in directing Claimant to reimburse Employer "the sum of $9,500.00 previously paid as an advance against any later award of permanent partial disability" (PPD) because, pursuant to the award for PTD, no further benefits for PPD will be paid; and (2) exceeded its authority in directing Employer to reimburse Claimant for personal aide services provided by Claimant's wife. Having reviewed the record, however, we discern no errors as alleged, and hold the trial court's order should be sustained.
Claimant asserted compensable single-event and consequential injuries arising out of and in the course of his employment with Employer in April 1996. After a trial in July 1996, the Workers' Compensation Court determined Claimant sustained compensable injuries to his head, neck, and low back, and awarded benefits for temporary total disability (TTD) and continuing medical treatment.
Employer appealed, and a three-judge panel affirmed. Upon further review, the Court of Civil Appeals by unpublished decision sustained the order of the three-judge panel as supported by competent evidence. Oil Well Cementers, Inc. v. Thompson, Case No. 88,459 (Ok. Civ. App. Div. I, April 15, 1997). In April and December 1998, the Workers' Compensation Court subsequently issued orders extending benefits for TTD.
In February 2003, the parties appeared for trial on the issues of, inter alia, occurrence and cause of the alleged consequential injuries, psychological overlay, sexual dysfunction and disfigurement; extent and period of attendant disability, whether temporary or permanent, partial or total; necessity of continuing medical treatment, including in-home health care; and, reimbursement for in-home health care which Claimant's wife quit her regular employment to provide.
At trial, Claimant testified to his partially paralyzed condition after neck surgery in October 1997 and consequent confinement to a wheelchair; his need for assistance, e.g., to exit/enter a vehicle, load/unload his wheelchair, stand, sit, dress, use the toilet, and bathe; his discomfort and/or inability to administer various treatments for his job -related injuries to himself; and, his reliance on his wife to assist him in most aspects of his everyday living. Claimant's wife corroborated Claimant's testimony concerning his impaired state and need for extensive assistance in everyday living; testified that she quit her employment after the October 1997 surgery to minister to Claimant's now-paraplegic needs; and, asserted that she rendered the necessary assistance to Claimant in addition to performing her regular household duties and parenting the parties' three children.
In support of his position, Claimant offered, and the trial court admitted over employer's probative value objection, medical evidence argued to show wife's assistance "in every aspect of [Claimant's] daily living; his need for a "twenty-four hour aide" "in the absence of wife"; and wife's provision of "services for her husband in lieu of an aide or LPN," including the administration of necessary medical treatments.
On consideration of the evidence, the trial court determined:
- 1. -
THAT on April 4, 1996, . . . . claimant sustained accidental personal injury to the NECK, BACK, AND HEAD WITH CONSEQUENTIAL PSYCHOLOGICAL OVERLAY, CO
Page 1 2 3 4 Oklahoma Personal Injury Attorneys
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