Opinion

In the Matter of Death of Takagi

  • 662 P.2d 308
  • 1983 OK 38
  • 1983 Okla. LEXIS 171
Court
Supreme Court of Oklahoma
Filed
Apr 19, 1983
Status
Published
Author
Wilson
On the bench
Wilson, Simms, Irwin, Lavender, Doolin, Hargrave, Opala
Cited by
3 cases
Authority
More cited than 64.4%

The opinion

MEMORANDUM DECISION

WILSON, Justice.

Upon consideration of the above styled and captioned cause the Court finds:

Certiorari was granted September 13, 1982.

The decision of the Court of Appeals, Division 2, is not in accordance with the applicable decisions of this Court.

It is well settled that it is not the province of the reviewing court to weigh the evidence in a workers’' compensation case, or to determine where the preponderance lies. Rather, it examines the record only to ascertain whether the order is supported by any competent evidence.

Graves v. Safeway Stores, Inc.,

653 P.2d 1236 (Okl.1982);

Wilkinson v. McGehee,

651 P.2d 671, 672 (Okl.1982);

In the Matter of the Death of Sade,

649 P.2d 538 , 540 (Okl.1982);

Loggins v. Wetumka Gen. Hosp.,

587 P.2d 455, 457 (Okl.1978);

Sooner Const. Co. v. Brown,

544 P.2d 500, 502 (Okl.1975).

An examination of the record reflects that there is competent evidence to support the en banc order of the Workers’ Compensation Court that Petitioner did not suffer an accidental injury arising out of or in the course of his employment.

The opinion of the Court of Appeals, Division 2, should be vacated and en banc order of the Workers’ Compensation Court should be reinstated.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT THE OPINION OF THE COURT OF APPEALS, DIVISION 2, BE VACATED, AND.THE EN BANC ORDER OF THE WORKERS’ COMPENSATION COURT BE REINSTATED.

SIMMS, V.C.J., and IRWIN, LAVENDER, DOOLIN, HARGRAVE and OPALA, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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