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Charles Komar & Sons v. Hicks3/23/1993
The opinion of the court was delivered by: GARRETT, Judge.
Respondent Sarah E. Hicks (Claimant) filed her Form 3 in the Workers' Compensation Court initially on September 18, 1986, alleging she sustained an accidental injury arising out of and in the course of her employment with Petitioner Komar & Sons (Employer) on November 12, 1985. She alleged she suffered a strain and sprain to her back, left leg and tailbone when she slipped on a snap and fell on the floor.
On December 29, 1988, the trial court entered an order finding she sustained an accidental personal injury to her back arising out of and in the course of her employment. The court found that as a result of the injury, Claimant was paid temporary total disability (TTD) benefits from November 12, 1985 to December 19, 1988, and sustained Employer's motion to terminate TTD and ordered Employer was to have credit for overpaid TTD from April 13, 1988 to December 19, 1988, from any permanent partial disability (PPD) in this case. Claimant filed an appeal with the Court En Banc which affirmed the trial court in an order filed March 29, 1989.
On January 25, 1990, Claimant filed a Form 9, requesting temporary disability from December 20, 1988, and continuing, and medical treatment from November 12, 1985 and continuing. On January 25, 1991, the trial court entered an order awarding Claimant TTD from September 11, 1990 to the date of the order and continuing, not to exceed 150 weeks. The issue of TTD from December 20, 1988 to September 11, 1990 was reserved for future hearing. The court also ordered Employer to furnish Claimant with necessary medical treatment, including all diagnostic testing, with said treatment to be rendered by Dr. Mark Hayes. On March 1, 1991, Employer filed a Form 11, Motion to Terminate Temporary Compensation . Claimant filed a Form 9 on November 27, 1991, requesting a trial on the issues of: temporary disability from November 12, 1985 to November 8, 1991; medical treatment from November 12, 1985 and continuing; PPD; and permanent total disability (PTD). Employer filed a Form 11 on February 12, 1992, listing as affirmative defenses, that Claimant is not TTD or PTD. It listed as exhibits to be introduced at trial: "Medical and vocational rehabilitation reports (on receipt)". Employer filed a Form 9 on May 7, 1992, requesting a motion for pre-hearing conference on the issue "Refused to attend vocational rehabilitation evaluation". On May 26, 1992, Employer filed another Form 9 seeking a motion for pre-hearing conference to be held before June 17, 1992 on the following issue: "Request for Transferable Skills Evaluation".
On July 8, 1992, the trial court entered an order, the court found employer was entitled to a credit for overpayment of TTD compensation from April 13, 1988 to December 19, 1988; and from February 18, 1991 to March 25, 1991. The court also found, inter alia, Claimant was totally and permanently disabled from February 18, 1991 and continuing. Employer appealed to the Court En Banc. On September 28, 1992, a three judge panel entered its order, affirming the trial court. This review proceeding followed.
Employer raises the following two propositions of error:
1. The court committed reversible error in denying the request of Employer and Insurance Carrier for a transferrable skills evaluation, for purposes of evidence only, to determine whether Claimant met the economic requirements for permanent total disability under 85 O.S. ยง 3 (12); and
2. The court erred in applying the time limitations of Workers' Compensation Court Rule 41 to Employer's request for a vocational rehabilitat
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