# Lee Way Motor Freight, Inc. v. Welch

> Supreme Court of Oklahoma · November 1, 1988 · 764 P.2d 191

URL: https://www.frixlaw.com/law-library/cases/9542936

## Case

- **Full name:** LEE WAY MOTOR FREIGHT, INC., and PepsiCo, Inc., Petitioners, v. Loyd E. WELCH, Claimant-Respondent
- **Court:** Supreme Court of Oklahoma
- **Decided:** November 1, 1988
- **Citations:** 764 P.2d 191; 1988 OK 121; 1988 Okla. LEXIS 134; 1988 WL 117681
- **Precedential status:** Published
- **Opinion:** Dissent by Wilson
- **Judges:** Opala, Hodges, Lavender, Summers, Simms, Wilson, Kauger
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9542936

## Opinion text

ALMA WILSON, Justice,
dissenting in part:
I dissent to that part of the majority opinion which concludes that the order on review is incapable of enforcement in the district court. I would hold in conformity with those jurisdictions which consider that the enforcement of a compensation award is initiated by the filing of a certified copy of the award in the district court where that tribunal automatically renders a judgment [emphasis mine] in accordance with the award. See, footnote No. 14 of the majority opinion, citing Durham Iron Co. v. Durham, 62 Ga.App. 361 , 7 S.E.2d 804, 811 (1940) and Camp v. U.S. Fidelity & Guaranty Co., 42 Ga.App. 653 , 157 S.E. 209, 210 (1931). The amount sought to be enforced is obviously a definite award figure and is immediately ascertainable in a district court hearing by reference to simple arithmetic. The district court’s judgment thereon (not the Workers’ Compensation Court judgment) is subsequently tendered for execution. Otherwise the integrity of the district court’s enforcement apparatus is impinged by a foreign tribunal. Moreover, I see no reason to adopt a procedure which may encourage delay in the enforcement process of Workers’ Compensation awards.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9542936. Public record. Not legal advice.