GIBBY v. HOBBY LOBBY STORES INC., 404 P.3d 44

Brandon Gibby injured his wrist and knee at work in February 2014; Hobby Lobby paid temporary benefits and medical treatment.
Gibby missed multiple scheduled medical appointments; employer invoked 85A O.S. § 57 (eff. Feb. 1, 2014) to deny further benefits, including permanent partial disability (PPD).
An ALJ denied PPD based on § 57; the Workers’ Compensation Commission affirmed. The Supreme Court retained the appeal to decide § 57’s constitutionality.
Section 57 mandates forfeiture of benefits if an employee misses two or more scheduled treatment appointments, unless extraordinary circumstances (as determined by the Commission) or at least two hours’ prior notice with a valid excuse is shown; lack of transportation is explicitly not an excuse.
The Court evaluated § 57 against Article II, § 6 of the Oklahoma Constitution (the right-to-remedy/Grand Bargain framework) and compared § 57 to § 50(H)(12), which addresses reimbursement for missed physician appointments.

Issue	Plaintiff's Argument (Gibby)	Defendant's Argument (Hobby Lobby)	Held
Whether § 57's forfeiture of workers’ compensation benefits for missed treatment appointments violates Article II, § 6 (adequate remedy/Grand Bargain)	§ 57 destroys vested compensation rights and upends the no-fault Grand Bargain by imposing a fault-based total forfeiture, denying an adequate remedy	§ 57 is a lawful legislative incentive to ensure attendance at treatment, reduce costs, and prevent abuse; it is within legislative power	§ 57 is unconstitutional in toto: it violates Article II, § 6 by tipping the Grand Bargain too far and forfeiting vested benefits; stricken in its entirety
If § 57 is unconstitutional, what remedy or alternative statutory provision applies to missed appointments and to Gibby’s PPD claim?	Gibby suggested relief beyond § 57 may be appropriate (e.g., lifting exclusivity), but sought application of constitutional protections	Employer argued § 57 should apply; alternatively, other statutory remedies (reimbursement or termination of temporary benefits) are available	The Court did not adopt Gibby’s proposed remedy; it held § 50(H)(12) governs missed appointments (reimbursement for missed physician visits). The case is reversed and remanded (PPD determination cannot be denied solely under § 57).

Adams v. Iten Biscuit Co., 162 P. 938 (Okla. 1917) (upholding workers’ compensation as a constitutional substitute remedy under the Grand Bargain)
CNA Ins. Co. v. Ellis, 148 P.3d 874 (Okla. 2006) (compensation rights vest at time of injury)
Maxwell v. Sprint PCS, 369 P.3d 1079 (Okla. 2016) (noting forfeiture reintroduces fault into no-fault scheme)
Torres v. Seaboard Foods, LLC, 373 P.3d 1057 (Okla. 2016) (discussion of Article II, § 6 guarantees)
Kluver v. Weatherford Hosp. Auth., 859 P.2d 1081 (Okla. 1993) (standard of review for questions of law)
Hendrick v. Walters, 865 P.2d 1238 (Okla. 1993) (disfavoring forfeitures in law)
Meeks v. Guarantee Ins. Co., 392 P.3d 278 (Okla. 2017) (workers’ compensation benefits include monetary and nonmonetary awards)
Gilbert Cent. Corp. v. State, 716 P.2d 654 (Okla. 1986) (interpretation principle favoring a constitutional construction when possible)
Gray v. Natkin Contracting, 44 P.3d 547 (Okla. 2001) (distinguishing temporary vs. permanent benefits)