 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Cunningham v. Oklahoma Dep't of Corrections10/31/2002
Modified: 12/17/2002
Mandate Issued: 12/05/2002
__ P.3d __
Donald Cunningham was injured by a needle stick he sustained June 24, 1997, while employed by the Department of Corrections (DOC). He filed his Form 3 (claim) July 8, 1997. On November 1, 1997, the time in which a worker had to prosecute his claim changed from five to three years. On December 26, 2001, DOC filed a motion to dismiss Cunningham's claim for failure to timely prosecute the claim. The Workers' Compensation Court granted the motion to dismiss. We sustain.
A Form 3 initiates a claim for workers' compensation benefits. Title 85 Supp. 1994 §43(B) allowed a claimant five years from the time of filing his Form 3, or from the date of last payment of compensation or wages in place thereof, to request a hearing and final determination of his claim. Section 43(B) was amended and the time for prosecuting the claim shortened from five years to three years, effective November 1, 1997.
Cunningham suffered an on-the-job injury while employed by DOC. He stated that while he was helping a doctor, he received a needle stick in his leg. He also claimed psychological overlay.
The record consists of the following documents:
1. July 8, 1997 - Form 3
2. July 31, 1997 - Entry of Appearance for DOC
3. September 25, 1997 - Form 10 (Answer of DOC admitting claimant stuck with needle while on the job)
4. November 4, 1997 - Form 9 (Claimant's Motion to Set for Trial)
5. December 8, 1997 - unfiled Prehearing Conference Docket
6. December 11, 1997 - Form 10 (Answer of Respondent with notation of intention to introduce blood test dated August 10, 1997)
7. January 7, 1998 - Form 10 stating results of blood test attached (attachment not in record)
8. January 21, 1998 - unfiled Temporary Total Disability hearing statement with notation "Take no action- New Form 9 must be filed)
9. September 23, 1998 - Form 10, listing a witness
10. November 30, 2001 - Form 9 (Claimant's Motion to Set for Trial requesting periodic blood testing for hepatitis and HIV as issue to be tried)
11. November 30, 2001 - Form 13 (Claimant's Request for Prehearing Conference)
12. December 26, 2001 - Form 13 (Respondent's Motion to Dismiss per 85 O.S. §43 (B) with Brief in Support of Motion to Dismiss
13. Claimant's Response to Motion to Dismiss.
14. April 26, 2002 - Order Dismissing the Claim
The trial court found that DOC had denied the claim from the outset and had not paid Cunningham anything in connection with the claim. The order further stated that when the matter came up for trial, January 21, 1998, no action was taken and the matter was stricken for the filing of a new Form 9. The order also noted that a Form 9 was filed November 30, 2001 and that DOC responded with a Form 13 Motion to Dismiss pursuant to 85 O.S. §43 . The court asked for briefs which the parties submitted.
The determinative question is which time limitation for prosecution of a claim applies: the one in effect at the time of injury or the one later enacted, but while the claim was still alive.
In general, a "... compensation claim is controlled by the laws in existence at the time of the injury and not by laws enacted thereafter." Baker v. C-E Natco, 1987 OK CIV APP 18, 5, 737 P.2d 955, 957. The Baker Court cited Magnolia Petroleum Co. v. Watkins, 1936 OK 372, 57 P.2d 622, 623 (1936), for the general rule that the right of an employee to compensation is governed by the law on the date of i
Page 1 2 Oklahoma Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|