301 P.3d 405
Okla.2013Background
- Claimant Weaver seeks certiorari to review COCA, which vacated PTD and remanded for PPD.
- Court granted certiorari to address whether COCA used the correct standard of review.
- Injury occurred May 18, 2005; PTD award affirmed by trial court and three-judge panel, but COCA vacated.
- COCA relied on 85 O.S. 340(D) to apply the 'clear weight of the evidence' standard.
- Dunkelgod: standard of review is determined by date of injury, pre-August 26, 2011; therefore COCA erred by using the 'clear weight' standard.
- Court reverses COCA, and remands for determination under the 'any competent evidence' standard; COCA opinion vacated and WC order sustained and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard of review for PTD appeals based on injury date | Weaver: use 'any competent evidence' standard. | Employer: apply post-2011 'clear weight' standard. | Standard determined by injury date; use 'any competent evidence'. |
Key Cases Cited
- Parks v. Norman Municipal Hosp., 684 P.2d 548 (1984 OK) (traditional any-competent-evidence review in WC appeals)
- Dunlap v. The Multiple Injury Trust Fund, 249 P.3d 951 (2011 OK) (standard tied to time of injury; substantive right unaffected by later legislation)
- Nomac Drilling LLC v. Mowdy, 277 P.3d 1282 (2012 OK) (affirmed pre-2011 standard for WC appeals)
- Williams Companies, Inc. v. Kristy Dunkelgod and The Workers' Compensation Court, 295 P.3d 1107 (2012 OK) (clarified correct standard based on injury date; pre-Act standard applies)