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Lamphear v. Goodrich6/26/1998
Decided: March 31, 1998
RELEASE FOR PUBLICATION BY ORDER OF COURT OF CIVIL APPEALS THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA Division III
PROCEEDING TO REVIEW AN ORDER OF THE WORKERS' COMPENSATION COURT
HONORABLE RICHARD L. BLANCHARD, JUDGE
VACATED AND REMANDED
Petitioner, Troy Lamphear (Claimant), seeks review of a Workers' Compensation Court order, asserting the court erred in denying his request for temporary total disability compensation and in failing to address his request for continuing medical treatment.
Claimant sustained a series of injuries while working for Respondent, B.F. Goodrich (Employer). The latest was a cumulative trauma back injury in 1986, resulting in a 1988 finding of 50% permanent partial disability. No medical treatment was ordered. In 1990, based on the 1986 injury and previous impairment caused by hearing loss and lung disease, the Workers' Compensation Court entered a permanent total disability award against the Special Indemnity Fund (Fund). Fund was directed to pay compensation of $163.00 per week until Claimant reached age 65. Claimant received these compensation payments from the 1990 award through the time of the latest trial.
In 1991, Claimant, by reason of a change of condition, moved to reopen his claim arising from the 1986 injury. Claimant asked for temporary disability and medical treatment from June 3, 1991, for an indefinite period. Employer stipulated by letter to the court that Claimant had sustained a change of condition for the worse to his back and the court could enter an order awarding Claimant reasonable and necessary medical expenses involved in surgery or treatment to his back. The letter further noted the parties agreed the issue of temporary total disability should be reserved for a later hearing.
The Workers' Compensation Court entered a September, 1991, order effecting the stipulations and agreements of the parties. Employer was directed to pay for Claimant's latest surgery and to furnish him with medical treatment, care and attention at the direction of Dr. S. The court expressly reserved the issue of additional temporary total disability for future hearing.
Subsequent to the 1991 order, Claimant continued in treatment and had additional surgeries. From 1993 through 1996, Claimant also filed various Form 9, Motions to Set for Trial, regarding temporary compensation , medical treatment, and requests for reimbursement of medical costs. However, the records reflects no hearing or substantive orders on any of these issues until October 1997.
At the October, 1997, hearing, Claimant advised the court the issues were temporary total disability benefits from February 5, 1991, through April 23, 1997, and continuing medical management in the form of pain management and prescription medications. The Workers' Compensation Court denied Claimant's request for temporary total disability benefits. The court neither ruled on nor reserved the question of continuing medical management. Claimant seeks review of this order.
As his first appellate proposition, Claimant contends that he can change his legal status from permanently and totally disabled against Fund, to temporary total disability against Employer, and "receive the necessary medical treatment and additional permanent partial impairment for the open underlying workers compensation claim." What really is first at issue is whether Claimant can reopen his claim against Employer, after having been determined to be permanently and totally disabled against Fund, and establish entitlement to temporary total disability compensation.
Page 1 2 3 4 Oklahoma Personal Injury Attorneys
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