Berg v. Parker Drilling Co.

98 P.3d 1099 (Okla. 2004) · Supreme Court of Oklahoma · September 23, 2004 · No. No. 99,870

Summary

The Oklahoma Supreme Court reviewed a workers' compensation decision denying Roy Berg additional medical treatment, bilateral hip replacement surgery, and temporary total disability benefits. The court held that causation and the need for treatment were questions of fact subject to the any-competent-evidence standard and found competent evidence supporting the Workers' Compensation Court's determination that Berg's current condition resulted from pre-existing arthritis rather than his workplace injury. The court vacated the Court of Civil Appeals' decision and sustained the Workers' Compensation Court's order.

Holdings

  1. Whether disability results from an accidental injury or from a preexisting disease or prior injury is a question of fact for the Workers' Compensation Court, and its findings must be upheld if supported by any competent evidence.
  2. The Court of Civil Appeals exceeded the proper scope of review by disregarding conflicting evidence, selecting evidence favorable to Berg, and substituting its own factual findings for those of the Workers' Compensation Court.

Questions Presented

  1. Whether the Workers' Compensation Court's findings on causation and the need for medical treatment were supported by any competent evidence.
  2. Whether the Court of Civil Appeals improperly reweighed conflicting medical evidence and substituted its own factual findings for those of the Workers' Compensation Court.

Disposition

vacated

Cases Cited (2)

  • Parks v. Norman Municipal Hospital, 1984 OK 53, 684 P.2d 548, 552(reaffirmed and applied)
  • Refrigerated Transport, Inc. v. Creek, 1979 OK 11, 590 P.2d 197, 200(followed and applied)

Cited In (0)

No citing cases on record yet.

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