McBride v. GRAND ISLAND EXP., INC.
2010 WL 5080933
Okla.2010Background
- Decedent worked as a truck driver for NES Rentals in Oklahoma.
- On December 1, 2006, he stood near a stopped truck on a bridge after a minor accident.
- Decedent was killed in a multi-vehicle crash involving Defendants' trucks.
- Workers' Compensation Court found the death compensable and awarded benefits to Decedent's survivors.
- NES Rentals' insurer paid the death benefits on behalf of its insured employer.
- Intervenors sought to recover paid benefits from tortfeasors under 85 O.S. Supp.2005 § 44(d).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who has standing to recover death benefits under § 44(d)? | Plaintiff (McBride) argues insurer lacks standing; only employer may sue. | Defendants contend insurer may pursue recovery as subrogee under § 44(d). | § 44(d) grants only the employer, not the insurer, standing. |
| Does § 44(d)'s text allow insurer to recover death-benefit money? | Insurer should recover as subrogee if authorized by § 44(d). | Legislature did not include insurers in § 44(d). | Insurer is not authorized to recover death-benefit funds under § 44(d). |
| Is § 44(d) constitutional under Art. 23, § 7? | § 44(d) may violate the constitutional right to damages for wrongful death. | Statute expresses legislative intent and avoids absurd results; constitutional. | Statutory language is clear and not unconstitutional. |
| Was the trial court correct to dismiss/sever the intervenors? | Intervenors should be allowed to proceed under § 44(d). | Intervenors have no standing and thus summary judgment was appropriate. | Trial court correctly dismissed/severed intervenors; judgment affirmed. |
Key Cases Cited
- World Publishing Co. v. Miller, 32 P.3d 829 (Okla. 2001) (statutory intent controls interpretation; broad public policy guides construction)
- Prettyman v. Halliburton Co., 841 P.2d 573 (Okla. 1992) (subrogation rights under § 44(a) to recover workers' comp benefits)
- Nestle Food Co. v. Crews, 11 P.3d 205 (Okla. 2000) (section 44(a) framework for subrogation rights)
- ACCOSIF v. American States Insurance Co., 1 P.3d 987 (Okla. 2000) (subrogation rights under § 44(a) framework discussed)
- Earnest, Inc. v. LeGrand, 621 P.2d 1148 (Okla. 1980) (death benefits subrogation history and constitutional concerns)
- Updike Advertising Sys. v. State Industrial Comm'n, 282 P.2d 759 (Okla. 1955) (historical view on subrogation and conflicts with constitution)
- State ex rel. Bd. of Regents v. McCloskey Bros., Inc., 227 P.3d 133 (Okla. 2009) (standing requires direct, personal stake and injury in fact)