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Loftis v. Multiple Injury Trust Fund12/20/2002
Modified: 03/25/2003
Mandate Issued: 03/21/2003
APPROVED FOR PUBLICATION BY THE SUPREME COURT
__ P.3d __
VACATED AND REMANDED
Petitioner, Clifford Loftis, Jr. (Claimant), seeks review of a Workers' Compensation Court (WCC) order finding he had no legally cognizable claim against Respondent, Multiple Injury Trust Fund (Fund). The order, noting undisputed facts, denied the claim "as a matter of law" based on Autry v. Multiple Injury Trust Fund, 2001 OK 79, 38 P.3d 213. Autry involved the 1999 amendment to 85 O.S. Supp. 1994 §172, which began the dissolution of Fund by precluding its liability for permanent partial disability (PPD) in actions filed after October 31, 1999. We find Claimant had a vested, constitutionally protected claim against Fund of which he could not be deprived by statutory repeal in the 1999 amendment and vacate the WCC's order.
The purpose of establishing Fund (formerly the Special Indemnity Fund) was to encourage employment of previously impaired workers by assuring employers they would be responsible only for compensation benefits stemming from a subsequent injury as though the worker was not previously impaired. Special Indem. Fund v. Treadwell, 1984 OK 91, 693 P.2d 608. Fund would be liable for the increase where the degree of disability caused by combining the previous impairment and subsequent injury is materially greater than impairment from the last injury alone. Special Indem. Fund of Okla. v. Hewes, 1950 OK 11, 214 P.2d 240.
The parties agree to the following facts. Claimant suffered compensable injuries to his back, hips and legs in 1990. In 1992, he entered into a joint petition settlement for these injuries in an amount equivalent to 9.3% PPD. On March 8, 1999, Claimant injured his back at work. He filed a claim against his employer as to this latter injury on November 12, 1999. On March 4, 2002, Claimant was awarded 27.5% PPD to the low back, and 10% PPD for psychological overlay, as compensation for the 1999 injury.
On March 28, 2002, Claimant filed a Form 3-F claim for benefits from Fund. He alleged combined disability of 67% and material increase in disability of 20.2% due the combination of the 1990 and 1999 injuries. Fund moved to dismiss the claim. Fund noted in its motion that Claimant filed his claim for his most recent injury on November 12, 1999. In support of the motion, Fund cited Autry v. Multiple Injury Trust Fund, supra, and quoted from 85 O.S. Supp. 1999 §172(A)(2)(a):
"For actions filed before November 1, 1999, if such combined disabilities constitute partial permanent disability ... employee shall receive full compensation for the combined disability ...". (Emphasis in original).
Fund's Motion to Dismiss resulted in the order for which Claimant now seeks our review. Although the WCC did not expressly state its rationale for denial, it is apparent the order was based on a finding the claim was not filed before November 1, 1999. Claimant argues Autry may be distinguished from the facts of the present case and asserts several constitutional arguments regarding application of §172 here. We are persuaded by Claimant's contention, pursuant to Art. 5, §54 of the Oklahoma Constitution, that he could not be deprived of a vested right, and we need not address Claimant's other arguments. The question before us being one of law, our standard of review is de novo, and we give no deference to the legal rulings of the WCC. Rivas v. Parkland Manor, 2000 OK 68, 12 P.3d 452.
In Autry, the Supreme Court construed §172(A), particularly the amendment effective November 1, 1999, which is the center of controversy here. The c
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