Prince v. Brake Rebuilders & Friction Products, Inc., 298 P.3d 529

Claimant filed a 2009 workers’ compensation claim for a cumulative trauma injury to his right foot, with last exposure on November 24, 2008, and the trial court ordered Employer to provide medical treatment.
Claimant later amended to include a cumulative trauma injury to the low back; the trial court denied the back claim and corrected the last exposure date to December 24, 2008.
A three-judge panel affirmed the trial court's denial in 2011, and Claimant appealed.
COCA vacated and remanded in 2011, finding the weight of the evidence supported a back injury arising out of the work, and that the lower back claim was not supported by the clear weight standard.
Employer sought certiorari; this Court granted review in 2012, agreeing COCA erred by applying the clear weight standard to pre-amendment injuries and holding the date of injury governs the applicable law and standard.
The Court held that the date of injury determines the governing law and substantive rights, vacated COCA’s opinion, and sustained the Workers’ Compensation Court’s order, remanding for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether COCA erred by applying the clear weight standard to a pre-amendment injury	Claimant (via Dunkelgod) argues the prior standard should apply.	Employer argues the amendments govern the standard regardless of injury date.	Pre-amendment injuries use the prior standard; COCA erred.
What standard of review applies to pre-2011 injuries when the date of injury governs	Claimant contends the pre-2011 standard should apply to his accrued rights.	Employer contends the new standard applies regardless of injury date.	The applicable standard is determined by the date of injury; pre-2011 injuries use the prior standard.
Whether § 340(D) can apply to injuries that occurred before August 26, 2011	Claimant argues § 340(D) is substantive and retroactive for accrued rights.	Employer argues § 340(D) governs post-amendment claims irrespective of injury date.	§ 340(D) cannot be applied to injuries accrued before August 26, 2011.
Whether the lower back denial was supported by competent evidence under the applicable standard	Claimant contends more weight supports the back injury.	Employer presents medical evidence denying the back injury arose from employment.	Denial for the lower back was supported by competent evidence under the applicable standard.

Williams Companies, Inc. v. Kristy Dunkelgod and the Workers’ Compensation Court, 2012 OK 96 (OK (2012)) (date of injury governs applicable law and standard of review; pre-2011 injuries use prior standard)
Dunlap v. Nomac, 2011 OK 14 (OK (2011)) (accrual and substantive rights fixed at injury date; pre-amendment law applies)
Nomac Drilling LLC v. Mowdy, 2012 OK 45 (OK (2012)) (accrued rights protection; statutory changes do not retroactively defeat accrued claims)
Cowart v. Piper Aircraft Corp., 665 P.2d 315 (OK 1983) (constitution protects accrual and cannot be destroyed by retroactive repeal)
King Manufacturing v. Meadows, 127 P.3d 584 (OK 2005) (date of injury determines compensation and rights)
Independent School District No. 89 v. McReynolds, 528 P.2d 313 (OK 1974) (date of injury governs accrual and remedies)
General Electric Co. v. Folsom, 332 P.2d 950 (OK 1958) (precedent on accrual and rights in workers’ compensation)
Spec. Ind. Fund v. Michaud, 345 P.2d 891 (OK 1959) (early accrual principles in workers’ compensation)