CORBEIL v. EMRICKS VAN & STORAGE
2017 OK 71
| Okla. | 2017Background
- Corbeil sustained a work-related incident on July 25, 2015 and was ultimately diagnosed with bilateral inguinal hernias; surgery repaired both on February 2, 2016.
- Employer paid six weeks of temporary total disability (TTD) benefits and denied additional TTD after surgery; Corbeil sought more TTD claiming entitlement to six weeks per hernia.
- The sole contested issue before the ALJ and WCC was whether the AWCA hernia provision (85A O.S. Supp. 2013 § 61) permits separate six-week TTD awards for each hernia when multiple hernias exist.
- The ALJ and the Workers’ Compensation Commission en banc concluded Corbeil was limited to a single six-week TTD period because his bilateral hernias arose from the same accident and were repaired simultaneously.
- On appeal to the Oklahoma Supreme Court Corbeil argued the statutory language change made each hernia a distinct trigger for up to six weeks of TTD; Employer relied on prior case law treating simultaneous bilateral hernias as a single compensable injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 85A O.S. Supp. 2013 § 61 allow up to six weeks of TTD for each hernia sustained, even if hernias occurred or were repaired simultaneously? | Corbeil: the AWCA language treats "a hernia" as the compensable unit, so each hernia can trigger a separate six-week TTD award. | Employer: prior judicial construction of the earlier statute treats simultaneous bilateral hernias from one accident as one injury limited to the statutory TTD cap. | The Court held § 61 permits up to six weeks of TTD for each compensable hernia; therefore simultaneous bilateral hernias are not limited to a single six-week award. |
Key Cases Cited
- Speer v. Petrolite Spec. Polymers Group, 918 P.2d 92 (Okla. Civ. App. 1996) (treated bilateral hernias as subject to single statutory limit absent evidence of separate accidents)
- Century Granite Co. v. McDowell, 528 P.2d 302 (Okla. 1974) (upheld single TTD period for simultaneous bilateral hernias)
- Townley's Dairy v. Gibbons, 395 P.2d 947 (Okla. 1964) (same)
- Special Indem. Fund v. Figgins, 831 P.2d 1379 (Okla. 1992) (legislative amendment retaining similar language will receive prior judicial construction unless contrary intent appears)
- Brown v. Claims Mgmt. Resources, Inc., 391 P.3d 111 (Okla. 2017) (statutory interpretation standards and AWCA appellate review rules)