Lyle S. Corbeil v. Emricks Van & Storage, Guarantee Insurance, and the Workers' Compensation Commission of the State of Oklahoma

Summary

The Oklahoma Supreme Court held that the Administrative Workers' Compensation Act permits up to six weeks of temporary total disability benefits for each compensable hernia, even when bilateral hernias arise from the same incident or are repaired simultaneously. The court vacated the Workers' Compensation Commission's order and remanded for proceedings consistent with its opinion.

Holdings

1. Under 85A O.S. Supp. 2013 § 61(B)(1), six weeks of temporary total disability is the upper limit for each compensable hernia injury, rather than the upper limit for simultaneous hernias resulting from a single work-related injury.
2. The court would not consider the claim because Corbeil did not raise or argue it before the administrative law judge or the Commission en banc.

Questions Presented

1. Whether 85A O.S. Supp. 2013 § 61(B)(1) permits an award of up to six weeks of temporary total disability benefits for each compensable hernia, including bilateral hernias arising from a single work-related incident and repaired simultaneously.
2. Whether Corbeil was entitled to additional temporary total disability benefits based on the employer's alleged unreasonable delay in authorizing medical treatment when that issue was not raised before the administrative law judge or the Workers' Compensation Commission.

Disposition

reversed_and_remanded