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Keco6/30/2005
t. Loftis v. Multiple Injury Trust Fund, 2003 OK CIV APP 30, 67 P.3d 924 (released for publication by order of the Supreme Court). Accrual of an action does not require that suit shall have commenced at the time the statute is amended. Id., at 926. Although under §43 Claimant had until two years after the date of his last injurious exposure to bring his claim, he had a right to bring an action against Employer on the date he became aware his injuries resulted from his employment. The fact Claimant had the burden to prove compensability of his injuries to recover does not change the time of accrual of his right. That accrued right could not be constitutionally extinguished by enactment of §11(B)(5). Id.; See also, Rogers v. Multiple Injury Trust Fund, 2003 OK CIV APP 42, 67 P.3d 284.
I believe the majority incorrectly invokes Celestica Inc. v. Hines for the proposition that the date of awareness doctrine had no efficacy in March 2000, Claimant's date of injury for determining which law is effective for his claim . Under the law in effect on that date, Claimant had a claim against Employer which was constitutionally protected from being burdened by the last exposure provision of §11(B)(5). For the above stated reasons, I would vacate the Workers' Compensation Court order and remand the matter to that Court for apportionment of liability pursuant to Polston in accordance with the competent evidence of record.
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