McClanahan v. City of Tulsa

McClanahan, 2019 OK 15 (Okla. 2019) · Supreme Court of Oklahoma · April 2, 2019 · No. 115802

Summary

The Oklahoma Supreme Court affirmed an Oklahoma Workers' Compensation Commission decision involving a permanent partial disability award to Brian McClanahan. The court held that the challenged use of the American Medical Association's Guide and the employer credit authorized by 85A O.S. § 89 were constitutional, relying on its prior decisions in Hill v. American Medical Response and Braitsch v. City of Tulsa.

Holdings

  1. The statutory requirement that the American Medical Association's Guide be used to evaluate and award permanent partial disability under the Administrative Workers' Compensation Act is constitutional.
  2. The employer credit against permanent partial disability awards authorized by 85A O.S. § 89 is constitutional.

Questions Presented

  1. Whether the Administrative Workers' Compensation Act's requirement that permanent partial disability be evaluated using the latest edition of the American Medical Association's Guide is constitutional.
  2. Whether the employer credit against a permanent partial disability award authorized by 85A O.S. § 89 is constitutional.

Disposition

affirmed

Cases Cited (2)

  • Hill v. American Medical Response, 2018 OK 57, 423 P.3d 1119(followed)
  • Braitsch v. City of Tulsa, 2018 OK 100(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…