Williams Companies v. Dunkelgod
2012 OK 96
| Okla. | 2012Background
- Claimant Kristy Dunkelgod was injured June 11, 2001, while lifting boxes for Williams Companies in Tulsa, Oklahoma.
- Initial award granted temporary total disability (TTD) from 2004 onward, with reserved issues for psychological overlay and bowel/rectal distress.
- Transportation needs (Go-Go scooter, seooter lift, driving evaluation, and van) were awarded by the trial court in 2008–2010, then affirmed on appeal in 2010.
- COCA held in 2011 that the law limited TTD to 300 weeks and found the lift van was not medically necessary, vacating the panel’s order.
- This certiorari review addresses whether COCA misapplied the standard of review and whether the 300-week TTD cap applied to Claimant’s claim.
- The court ultimately holds that the law in effect at the time of injury governs both the standard of review and the TTD duration, vacating COCA and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review | Dunkelgod argues the pre-2011 any-competent-evidence standard applies. | Williams contends COCA correctly applied the post-2010 weight-of-evidence standard. | Affirmative: standard of review is the law on injury date; COCA erred. |
| TTD cap | No 300-week cap for injury-date 2001; good cause supported extending TTD. | COCA applied a 300-week maximum under later amendments. | Affirmative: no 300-week limit under the law in effect at injury; remand on duration. |
Key Cases Cited
- Parks v. Norman Municipal Hosp., 684 P.2d 548 (OK 1984) (any competent evidence standard governs panel reweighing on review)
- Dunlap v. The Multiple Injury Trust Fund, 249 P.3d 951 (OK 2011) (amendment changing standard to clear weight applies prospectively for injuries after effective date)
- Nomac Drilling LLC v. Mowdy, 277 P.3d 1282 (OK 2012) (retroactivity of 2010 amendment upheld for injuries post-date)
- King Manufacturing v. Meadows, 127 P.3d 584 (OK 2005) (general rule: law in effect at time of injury controls; accrual matters)
- Cole v. Silverado Foods, Inc., 78 P.3d 542 (OK 2003) (retroactivity of statutory changes depends on effect on substantive rights)
- Zwahlen v. B.F. Goodrich, 755 P.2d 658 (OK 1988) (necessity standard for medical apparatus; medical necessity required)
- Oklahoma Gas & Electric Co. v. Chronister, 114 P.3d 455 (OK CIV APP 2005) (distinguishes medical necessity and non-necessity in vehicle awards)
- Seruggs v., — (—) (not a formal precedential citation used in opinion; cited for evidentiary standards)