MULTIPLE INJURY TRUST FUND v. MACKEY
2017 OK 75
| Okla. | 2017Background
- Claimant Jolid Mackey had multiple prior adjudications of disability (right arm, right hand, lungs, both hands) and suffered a new work injury to his left shoulder in Feb. 2013.
- The Workers' Compensation Court of Existing Claims found Mackey was a "physically impaired person" under 85 O.S.2011 § 402(A)(4) and that the combined effect of prior adjudications plus the left-shoulder injury produced permanent total disability (PTD); it awarded MITF liability.
- MITF sought review; the Oklahoma Court of Civil Appeals vacated the award, reading the § 402(A)(4) proviso to require that prior adjudicated disability be to the same body part as the last injury to qualify as a "physically impaired person."
- The key statutory proviso states that any adjudication of preexisting disability to a part of the body shall not be combinable for MITF purposes unless that part was deemed injured in the claim being adjudicated.
- The Oklahoma Supreme Court granted certiorari to decide the meaning/effect of the proviso and whether Mackey could combine his prior adjudications with the left-shoulder injury to reach PTD and recover from MITF.
- The Supreme Court concluded the proviso governs combinability of Crumby (preexisting) findings for MITF liability, not the jurisdictional definition of "physically impaired person," and reinstated the MITF award for PTD based on combined disabilities.
Issues
| Issue | Plaintiff's Argument (MITF) | Defendant's Argument (Mackey) | Held |
|---|---|---|---|
| Proper reading of § 402(A)(4) proviso | Proviso is jurisdictional: prior adjudications must be to the same body part as the last injury to qualify as "physically impaired" | Proviso permits combining Crumby/preexisting disability with last-injury disability for MITF liability; does not shrink jurisdictional definition | Supreme Court: proviso limits combinability for MITF liability (not the jurisdictional definition); award sustained |
| Can a claimant receive PTD more than once / combine prior PTD award | MITF: PTD cannot be recovered more than once; prior PTD final and binding absent change for better | Mackey: prior PTD adjudication is not conclusive on later disability; a claimant who returns to work can be PTD more than once | Court: prior PTD is not necessarily conclusive; claimant may be PTD more than once if separate injuries involved; Mackey may recover |
| Role of Crumby findings in MITF claims | MITF: Crumby findings were historically excluded from qualifying as "previous adjudications" for jurisdictional purposes | Mackey: proviso allows limited use of Crumby findings to combine with last-injury disability when same-body-part rule met for liability | Court: Ball acknowledged Crumby did not qualify jurisdictionally; proviso permits combining Crumby-disability with last-injury disability for MITF liability when applicable |
| Statutory placement/interpretation (§402 vs §404) | Proviso in §402 alters definition of "physically impaired person" (jurisdictional) | Proviso better read as addressing §404 combinability (liability); placement in §402 is drafting choice but should be harmonized with related sections | Court: interpret statute in pari materia; proviso affects combinability for MITF liability, not jurisdictional eligibility |
Key Cases Cited
- Multiple Injury Trust Fund v. Wade, 180 P.3d 1205 (Okla. 2008) (adjudication of last injury must be completed before MITF recovery)
- Ball v. Multiple Injury Trust Fund, 360 P.3d 499 (Okla. 2015) (Legislature excluded Crumby findings from jurisdictional "previous adjudications" category)
- J.C. Penney Co. v. Crumby, 584 P.2d 1325 (Okla. 1978) (establishes Crumby findings concept and subtraction of preexisting disability from employer liability)
- Special Indemnity Fund v. Doughty, 558 P.2d 396 (Okla. 1976) (prior adjudication of permanent disability is not conclusive on subsequent disability question)
- Special Indemnity Fund v. Betterton, 925 P.2d 86 (Okla. Civ. App. 1996) (claimant may be permanently totally disabled more than once if separate injuries involved)
- Multiple Injury Trust Fund v. Sugg, 362 P.3d 222 (Okla. 2015) (discussing statutory framework limiting MITF liability and interplay of prior adjudications)