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Bill Hodges Truck Co. v. Gillum5/31/1989
he majority opinion approves Respondent's refusal to honor its agreement on the ground that there was no "causal nexus" shown between the job induced heart injury and the need for a heart transplant, despite the admission that Claimant's physicians advised that a heart transplant is necessary and the only treatment left for Claimant. The admissions, agreements and stipulations of the parties in this case provide the evidentiary "causal nexus" between the job induced heart injury and the necessity for the heart transplantation procedure. Where stipulations have been entered into, the parties will not be allowed to withdraw therefrom, without consent of the other party, except by leave of court upon cause shown. Smith v. Owens, 397 P.2d 673 (Okla. 1963).
Additionally, the provisions of the parties agreed order partake the nature of a settlement agreement. Ordinarily, courts favor compromising disputes by written agreements fairly and honestly made, and when so made, they are binding on the parties thereto. Prather v. Butler, 70 P.2d 106, 180 Okl. 462 (1937). When such agreements are not enforced by the Courts, confidence in any agreement procedure short of trial on all issues is threatened.
I would, thus, save for another day the question whether or not job related injuries to vital organs shall, by judicial interpretation, fall under "a separate rubric of compensation", distinguishable from other job related injuries which permanently affect a bodily part, although there is nothing in the Workers' Compensation Act which excludes coverage of vital organs of the body.
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