313 P.3d 287
Okla. Civ. App.2013Background
- Employer seeks review of WC Court orders authorizing medical treatment for Claimant after a stairway fall on April 29, 2011.
- Claimant sustained head, facial, and dental injuries in a single incident; other injuries reserved for later hearing.
- Claimant’s fall occurred on a common stairwell not owned or maintained by Employer; she was descending five stairs when she fell.
- November 22, 2011 WC Court found the injuries compensable; July 9, 2012 ordered medical care by neurologist; issue proceeded on review.
- Statutory changes enacted in 2010 abrogated the prior 'any competent evidence' standard and created new de novo review grounds under 85 O.S. Supp. 2011 § 340(D).
- Oklahoma Supreme Court vacated the WC Court orders, holding the injuries did not arise out of or in the course of employment under the amended statute; the stairwell was not under Employer’s control and the employee performed no essential job functions there.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether injuries in a non-employer-controlled stairwell fall within compensability after 2010 amendments | Wolf contends injuries were within course of employment; stairwell is part of work premises. | Employer contends exclusions apply; not under employer’s control and no essential functions performed there. | No; injuries in non-controlled stairwell are excluded by statute. |
| Whether the 2010 amendments apply prospectively to post-amendment claims | Statutory changes apply to post-enactment claims. | Amendments should apply; provide new standard of review. | Applicable prospectively; new standard governs post-amendment injuries. |
| Whether the 'essential part of job function' concept extends to entry/exit times | Court relied on entering/leaving as part of employment. | Statutory language excludes areas not under control or where essential functions aren’t performed. | Exclusion applies; entering/leaving premises is not an essential function under statute. |
Key Cases Cited
- Parks v. Norman Municipal Hospital, 684 P.2d 548 (Okla. 1984) (provided the old 'any competent evidence' standard of review)
- Dunlap v. Multiple Injury Trust Fund, 249 P.3d 951 (Okla. 2011) (prospective applicability of new de novo review standard)
- Rural Waste Management and Indemnity Insurance Co. of North America v. Mock, 292 P.3d 24 (Okla. 2012) (affirms sensible construction of statutes in interpretation)
- AMF Tubescope Co. v. Hatchel, 547 P.2d 374 (Okla. 1976) (interpretive aid for statutory construction)
- Turner v. B Sew Inn, 18 P.3d 1070 (Okla. 2000) (employment includes time to enter premises)
- Greenway v. National Gypsum Co., 296 P.2d 971 (Okla. 1956) (early precedent on employment coverage boundaries)
- E.I. duPont deNemours & Co., Inc. v. Redding, 194 Okla. 52, 147 P.2d 166 (Okla. 1944) (precedent on coverage scope)
- Barre v. TCIM Services, Inc., 971 P.2d 874 (Okla. Civ. App. 1998) (appellate treatment of coverage issues)