 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lamson & Sessions v. Doyle11/12/2002
We are in agreement with Employer that claimant should have amended his Form 3 or filed a new Form 3 for his claim of consequential injury to the bowels. The filing of the Form 9 with an attached medical report was not sufficient to satisfy the statute of limitations and place Employer on notice that Claimant would be alleging a consequential injury. [Emphasis supplied.]
DISCUSSION
The COCA relied upon Phillips v. Duke Manufacturing, Inc., 1999 OK 25, 980 P.2d 137, cited by Employer as authority that the claimant violated the statute of limitations and that he was required to amend his Form 3 or file a new claim to give notice of a consequential injury. This Court noted the Phillips claimant filed "an amended form" to seek compensation for the consequential injury to his neck. However, the issue in Phillips was whether the claimant could receive temporary disability benefits for a consequential neck injury received during physical therapy for his original injuries. He had received the maximum compensation for his original injuries under 85 O.S. §22(2)(b). This Court held he was entitled to temporary total compensation because the neck injury was a "new injury" which arose out of a separate incident. We held it arose as a consequence of treatment for the original injury and caused additional disability. In so holding, however, this Court construed §22, not the statute of limitations under §43.
In Ada Iron & Metal Company v. Tarpley, 1966 OK 202, 420 P.2d 886, the claimant sought compensation for disability sustained to his right leg as a result of being in traction for treatment of the original compensable injury to his back. The employer argued the claimant was not entitled to compensation for his right leg because no claim was asserted within one year of the original injury. In discussing the belated assertion of an "injury", as distinguished from the belated assertion of a "disability", this Court held:
The law is settled beyond reasonable cavil that an employer is liable for all legitimate consequences flowing from any injury compensable under the Workmen's Compensation Law, and the injured workman is entitled to recover, under the schedule of compensation, for the extent of his disability based upon the ultimate result of the compensable injury, without regard to increase of or aggravation of his disability by legitimate consequence occurring subsequent to the time of injury. Barnsdall Refining Co. v. Ramsdall, 149 Okl. 99, 299 P. 499; Booth & Flinn v. Cook, 79 Okl. 280, 193 P. 36.
n the instant case there was no belated assertion of other injury. The assertion is of disability, resulting from an injury in connection with which timely claim for compensation was made. [Emphasis supplied.]
Ada Iron & Metal Company v. Tarpley, 1966 OK 202, , 10, 420 P.2d 886, 888-89. See also J.E. Carlson, Inc. v. White, 1969 OK 46, 452 P.2d 145; and Forrest Oil Corp. v. Breshears, 1949 OK 14, 202 P.2d 706, wherein we held it was not necessary to file a new claim under similar circumstances because an injured employee was not bound to know or gauge the extent of his injuries nor their future developments.
Under the Act, "injury" includes the consequences that naturally flow from the injury. The definition of "injury" under the Workers' Compensation Act is found at 85 O.S. Supp. 1997 §3(10):
10. a. "Injury" or "personal injury" means only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally result therefrom and occupational disease arising out of and in the course of employment as herein defined. . . . [Emphasis supplied.]
In this c
Page 1 2 3 4 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|