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Murray State College v. Akins6/19/1990
se. Whether such a relationship exists under Oklahoma compensation law is jurisdictional, and this Court will not consider the findings of the Workers' Compensation Court as conclusive, but will weigh the evidence to determine the sufficiency of the facts to establish employment. Hillcrest Hospital v. State Industrial Court, 452 P.2d 781 (Okla. 1969). Claimant has not established an employer-employee relationship between her and Delta.
In her answer brief, Claimant alleges that the preemption issue is irrelevant to the appeal. She claims there is competent evidence to support the finding she was a loaned servant to Murray. In City Diesel Service v. Collier, 630 P.2d 1293 (Okla. 1981) the Supreme Court held whether a person is a loaned servant in a particular case is a question of fact to be determined by the Workers' Compensation Court. If such findings are reasonably supported by competent evidence, they will not be disturbed on appeal. Yet in Collier, the controversy was over whose employee the claimant was at the time he was injured. Herein, the controversy is over whether Claimant was anyone's employee. Before we can reach the issue of determining whether Claimant is a loaned servant, we first must determine she was an employee of Delta. Having thus determined she was not an employee of Delta for the purpose of workers' compensation coverage she could not possibly be a loaned servant to Murray.
Next, Claimant's motion to dismiss Delta, contained in her response to the petition for review, is denied.
Finally, Claimant's request for costs and attorney fees on appeal is denied.
Order REVERSED AND REMANDED FOR PROCEEDINGS NOT INCONSISTENT WITH THIS OPINION.
BAILEY and ADAMS, JJ., concur.
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