Westoak Industries, Inc. v. DeLeon
2013 OK CIV APP 32
| Okla. Civ. App. | 2013Background
- Claimant alleged cumulative pulmonary injury from inhalation of fumes and exposure to Humiseal compounds during ~21 years of employment.
- Claimant testified about breathing difficulties and voice changes beginning about two years before trial.
- Treatment records showed smoking history and prior lung nodules; other physicians linked injury to workplace exposures.
- Employer offered reports arguing smoking and secondhand smoke as primary causes; court admitted both sides’ medical evidence.
- Trial court found work-related injury; Three-Judge Panel affirmed; this Court applies a constitutional separation-of-powers challenge to a statute governing standard of review.
- Legislative changes in 2011 modified appellate review standards for workers' compensation, later unsettled by Supreme Court rulings on retroactivity and independence of judiciary
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutional separation of powers | Legislature impermissibly impaired judiciary | Statute valid powers transfer | Unconstitutional invasion of judicial power |
| Standard of review for factual findings | Any competent evidence standard applies | Clear weight of the evidence standard governs | Parks standard remains applicable for final findings of fact |
| Admissibility of medical report | Report admissible under Daubert/Christian | Obj remains for trial; waiver applies | Waived; not considered on appeal |
| Causation of injury by work | Claimant's testimony and physician's report show major work-related cause | Evidence equally points to smoking and non-work factors | Supported by competent evidence; major cause found |
| Authority of appellate review after separation-of-powers ruling | Legislature could not alter judicial review scope | Statutory revisions valid for review | Statutory change unconstitutional; Parks standard retained |
Key Cases Cited
- Parks v. Norman Mun. Hosp., 684 P.2d 548 (Okla. 1984) (traditional any competent evidence standard of review for fact findings)
- Yocum v. Greenbriar Nursing Home, 130 P.3d 213 (Okla. 2005) (separation of powers and limits on legislative interference with judiciary)
- Dunlap v. Multiple Injury Trust Fund, 249 P.3d 951 (Okla. 2011) (retrospective/applicability of amended standard of review)
- Nomac Drilling LLC v. Mowdy, 277 P.3d 1282 (Okla. 2012) (re: Dunlap applicability to pre-date injuries)
- Williams Cos. v. Dunkelgod, 295 P.3d 1107 (Okla. 2012) (invalidated § 340(D)(4) as applied to that case)
- Harvey v. Auto Plus of Woodward, 287 P.3d 410 (Okla. Civ. App. 2012) (separation-of-powers analysis supporting constitutional concerns)