CITY OF TULSA v. MAYES, 2017 OK CIV APP 1

Claimant Rod Mayes worked 23 years for City of Tulsa; his job (training and communications specialist) required repetitive typing/data entry.
He developed right-hand/arm nerve conditions, had surgery in April 2012, and was released from care in August 2012; later alleged left-arm/hand symptoms in November 2012 and gave notice of injury which Employer denied.
On June 20, 2013 Employer issued a "Final Lay-off Notice" abolishing his position effective June 30, 2013 and offering possible placement/severance; Claimant filed a workers’ compensation claim on June 28, 2013 for cumulative trauma and sought TTD beginning June 28, 2013.
An independent medical examiner (Dr. Wong) found left cubital tunnel and median/ulnar entrapment caused mainly by work and recommended no typing and further treatment.
Employer asserted a "voluntary separation" defense, arguing Claimant could have bumped into another position or accepted light duty; Claimant disputed that he voluntarily quit.
The trial court awarded TTD from December 3, 2013; a three-judge WC panel affirmed. Employer appealed, but preserved only the voluntariness issue on review.

Issue	Mayes' Argument	City of Tulsa's Argument	Held
Whether Claimant voluntarily separated from employment so as to bar TTD	Separation was not voluntary; position was abolished and City controlled layoffs	Claimant voluntarily quit/declined to bump or accept light duty, so City not obligated to pay TTD	Separation was not voluntary; TTD award stands

Tubbs v. Oklahoma Tax Comm'n, 28 P.3d 624 (Okla. Civ. App.) (discussed)
Smith v. Millwood Schools, 90 P.3d 564 (Okla. Civ. App.) (discussed)
B.E. & K. Constr. Co. v. Abbott, 59 P.3d 38 (Okla.) (employee who volunteered for employer RIF not treated as having resigned for WC benefits)
Patterson v. Sue Estell Trucking Co., Inc., 95 P.3d 1087 (Okla.) (termination does not relieve employer of paying TTD)
Peoplelink, LLC v. Bear, 373 P.3d 1019 (Okla.) (standard of appellate deference to WC factfinding)