Opinion

Lamphear v. BF Goodrich

  • 69 O.B.A.J. 2557
  • 970 P.2d 615
  • 1998 OK CIV APP 85
  • 1998 Okla. Civ. App. LEXIS 61
  • 1998 WL 382335
Court
Court of Civil Appeals of Oklahoma
Filed
Mar 31, 1998
Status
Published
Author
Buettner
On the bench
Hansen, Adams, Buettner
Cited by
2 cases

The opinion

BUETTNER, P.J.,

dissenting:

I respectfully dissent. There does not appear to be any rationale or legal basis to change the status of a claimant from permanently totally disabled to temporarily totally disabled because his condition has worsened. There is no dispute that Claimant was permanently totally disabled since 1990. There is no argument that the additional medical treatment that Claimant sought and received in September 1991 would change that status. Even though Claimant did undergo additional surgeries and required healing time, he was paid benefits during the entire time because he was permanently totally disabled. There was no expectation that his total disability would be temporary rather than permanent. Thus, I would affirm the trial judge.

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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