Multiple Injury Trust Fund v. Wiggins

Summary

The Oklahoma Supreme Court held that a Crumby finding of preexisting disability does not qualify a claimant as a physically impaired person under 85 O.S. 2011 § 402(A)(4) for purposes of Multiple Injury Trust Fund liability. The court interpreted the statutory proviso as permitting combination of same-body-part Crumby disability only when the claimant is otherwise qualified through a previous adjudication of disability. The court vacated the Court of Civil Appeals opinion and the Multiple Injury Trust Fund award.

Holdings

1. A Crumby finding is not a previous adjudication of disability that qualifies a claimant as a physically impaired person for purposes of recovery from the Multiple Injury Trust Fund.
2. The same-body-part proviso permits an injured worker who is otherwise qualified as a physically impaired person to combine Crumby preexisting disability with disability from the last injury when the disabilities involve the same body part.
3. Wiggins was not a physically impaired person at the time of her job-related injury because her only qualifying preexisting disability evidence was a Crumby finding made in the same proceeding; consequently, the MITF award was vacated.

Questions Presented

1. Whether the same-body-part proviso in 85 O.S. 2011, § 402(A)(4), permits a Crumby finding of preexisting disability to establish that a claimant is a physically impaired person eligible for Multiple Injury Trust Fund compensation.
2. Whether the proviso permits an otherwise qualified physically impaired person to combine Crumby disability with disability from the last injury when both involve the same body part.

Disposition

vacated