Triad Transport, Inc. v. Wynne
2012 OK 30
| Okla. | 2012Background
- Claimant was hired as a Triad driver; offer and final assent occurred over time.
- Offer originated via Oklahoma-based recruiter; applicant completed paperwork and was oriented in Oklahoma.
- Claimant performed an in-state orientation, testing, and training in Oklahoma before being fully employed.
- Injury occurred in Colorado while driving Employer's truck, raising jurisdictional questions.
- Trial tribunal held Oklahoma had jurisdiction based on final assent in Oklahoma; court of workers' compensation affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the WCC have jurisdiction over the injury claim? | Wynne asserts final assent occurred in Oklahoma during orientation. | Triad argues offer was accepted in transit or outside Oklahoma; assent occurred elsewhere. | Yes; final assent occurred in Oklahoma; WCC has jurisdiction. |
Key Cases Cited
- Garrison v. Bechtel Corp., 889 P.2d 273 (Okla. 1995) (jurisdictional contract formation in Oklahoma)
- Folsom, 332 P.2d 950 (Okla. 1958) (employment contract formation tied to final assent in Oklahoma)
- Alexander v. Transp. Distrib. Co., 954 P.2d 1247 (Okla. Civ. App. 1998) (orientation acts as contingent steps to employment depending on assent)
- Landrum v. Ownby, 290 P.2d 400 (Okla. 1955) (relation of employer-employee created by contract or unequivocal acts)
- Daleo, Inc. v. Edmonds, 884 P.2d 544 (Okla. 1994) (out-of-state injury and contract formation timing considerations)
- Miller, 908 P.2d 815 (Okla. Civ. App. 1995) (formation of employment contract despite out-of-state contingencies)