CORBEIL v. EMRICKS VAN & STORAGE
2017 OK 71
| Okla. | 2017Background
- Corbeil sustained work-related bilateral inguinal hernias after a single incident on July 25, 2015; initial diagnosis was right hernia, later found to be bilateral.
- Employer paid six weeks of TTD (July 29–Sept 8, 2015), later accepted compensability and provided medical care; surgery for bilateral repair occurred Feb 2, 2016.
- Corbeil claimed he remained off work until Mar 8, 2016 (≈31+ weeks) and sought additional TTD, arguing §61(B)(1) entitles him to six weeks per hernia (total 12 weeks).
- ALJ and WCC en banc held Corbeil was limited to a single six-week TTD period because both hernias arose from the same accident and were repaired simultaneously.
- Corbeil appealed to the Oklahoma Supreme Court, which reviewed statutory interpretation de novo and the Commission’s decision for legal error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §61 allows six weeks TTD for each hernia (i.e., 12 weeks for bilateral hernias) | §61’s language treats “a hernia” as the compensable triggering event; Legislature changed wording to permit six weeks per hernia. | Prior case law and prior statutory language treat bilateral hernias from one accident as a single injury subject to one statutory TTD cap. | The Court held §61’s revised language evidences legislative intent to permit up to six weeks of TTD for each compensable hernia, even if hernias occur/are repaired simultaneously. |
Key Cases Cited
- Speer v. Petrolite Spec. Polymers Group, 918 P.2d 92 (Okla. Civ. App. 1996) (construed prior statute to limit bilateral hernias to single statutory TTD unless caused by separate accidents)
- Century Granite Co. v. McDowell, 528 P.2d 302 (Okla. 1974) (approved single TTD award for two hernias repaired together)
- Townley’s Dairy v. Gibbons, 395 P.2d 947 (Okla. 1964) (approved single TTD award for bilateral hernias)
- Special Indem. Fund v. Figgins, 831 P.2d 1379 (Okla. 1992) (amendatory statutes with changed language may indicate legislative intent to alter prior judicial construction)
- Rupp v. City of Tulsa, 214 P.2d 913 (Okla. 1950) (statutory use of singular does not exclude plural unless contrary intent plainly appears)
- Brown v. Claims Mgmt. Resources, Inc., 391 P.3d 111 (Okla. 2017) (workers’ compensation appellate review principles; statute at injury time governs)