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Oklahoma Department of Tourism v. Oklahoma Department of Public Safety5/19/1998
Mandate Issued: October 1, 1998
Court of Appeals of Oklahoma
OKLAHOMA DEPARTMENT OF TOURISM and the STATE INSURANCE FUND, Petitioners, v. LARRY WILLIAMS, OKLAHOMA DEPARTMENT OF PUBLIC SAFETY, THE STATE INSURANCE FUND and THE WORKERS' COMPENSATION COURT, Respondents.
PROCEEDING TO REVIEW AN ORDER OF A THREE-JUDGE JUDGES OF THE WORKERS' COMPENSATION COURT
SUSTAINED IN PART, VACATED IN PART AND REMANDED FOR FURTHER PROCEEDINGS
MEMORANDUM
Claimant Larry Williams was a seasonal park ranger employed at Foss Park by the Oklahoma Department of Tourism (Tourism, collectively with its insurer, the State Insurance Fund). On the day in question, his work shift had not yet begun when he responded, in his private pick up truck, to a radio call for assistance from a Custer County deputy sheriff who had been fired upon by two escapees from the state prison at Granite, Oklahoma. Prior to responding to the call for assistance, he telephoned the park offices and tried to contact the park manager, the other park ranger, and the third person in command. When none was available, he advised the secretary about what was occurring and drove towards Foss Lake. Claimant went past the park offices and saw other law enforcement officers pursuing the escapees. The chase was heading toward the park. He turned and traveled parallel to the chase. He continued until he reached an intersection near the park's north entrance where a state highway and a county road, which border the park, cross.
The escapees, who by this time reportedly had run through several road blocks, were being pursued by law enforcement officers who had responded from Roger Mills County, Washita County, Dewey County, Department of Corrections, Clinton Police Department, Oklahoma Highway Patrol, and other agencies. They came through the intersection and turned towards the town of Butler, Oklahoma. Claimant let the pursuing sheriff and other officers pass, and then joined the end of the line following the escapees. He drove into Butler and there saw a highway patrolman getting gas at a convenience store. He pulled into the station, realized he knew the patrolman, and asked if he could ride with him and another patrolman (a trainee) in the car. After receiving permission, Claimant rode in the rear seat.
The chase proceeded for several miles. Aircraft reports on the radio stated that the escapees were running through roadblocks and firing at officers. Claimant realized the escapees' route of travel from the descriptions on the radio and directed the patrolmen to an intersection. The patrolmen and Claimant stopped at the intersection. Claimant asked the patrolmen if he could use the rifle in the car and was told that he could use it. He also asked the patrolmen if they wanted the escapees' "vehicle stopped or taken out" and received an affirmative response. He took cover near another law enforcement unit at the intersection and, when the escapees approached, fired shots at their radiator. As the escapees went by, he duck, pivoted, and fired again, this time at the tires. He hit both tires on the side of the fleeing vehicle and the escapees then crashed into a bar ditch. He injured his left foot when he pivoted. He filed this workers' compensation claim against Tourism.
At the hearing on temporary total disability and permanent partial disability, Tourism contended that Claimant's injuries did not arise out of and in the course of his employment with Tourism and that he was, in any event, a "loaned servant" to the Department of Public Safety (DPS) at the time he was injured. It also took issue with Claimant's view of the rate upon which his benefits shoul
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