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
- 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.
- The employer credit against permanent partial disability awards authorized by 85A O.S. § 89 is constitutional.
Questions Presented
- 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.
- 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
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