# Johnson v. Tony's Town Mister Quik

> Supreme Court of Oklahoma · April 9, 1996 · 67 O.B.A.J. 1260

URL: https://www.frixlaw.com/law-library/cases/9856041

## Case

- **Full name:** Judy JOHNSON, Petitioner, v. TONY’S TOWN MISTER QUIK and the Workers’ Compensation Court, Respondents
- **Court:** Supreme Court of Oklahoma
- **Decided:** April 9, 1996
- **Citations:** 67 O.B.A.J. 1260; 915 P.2d 355; 1996 OK 138; 1996 Okla. LEXIS 56; 1996 WL 162432
- **Precedential status:** Published
- **Opinion:** Concurrence by Kauger
- **Judges:** Ala, Kauger, Hodges, Simms, Hargrave, Wilson, Lavender, Summers, Watt
- **Cited by:** 29 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/9856041

## Opinion text

KAUGER, Vice Chief Justice,
concurring:
I agree that the mailbox rule, 12 O.S.Supp. 1994 § QQOAÍB), 1 is applicable to Workers’ Compensation appeals for the reasons expressed in part III of the majority opinion. I am also of the opinion that these same reasons require that appeals from the Workers’ Compensation Court be accorded the same amount of time for an appeal to be filed. Title 85 O.S.Supp.1994 § 3.6(C), Rule I.100(a), Rules on Perfecting a Civil Appeal, 12 O.S. 1991 , Ch. 15, App. 2, and Rule 1.18, Rules on Perfecting a Civil Appeal, 12 O.S. 1991 , Ch. 14, App. 2 should be amended to provide for uniform application of appellate procedure. 2
. Title 12 O.S.Supp. 1993 § 990A(B) provides:
“The filing of the petition in error may be accomplished either by delivery or by sending it by certified mail with return receipt requested to the Clerk of the Supreme Court. The date of mailing, as shown by the postmark affixed by the post office or other proof from the post office of the date of mailing, shall constitute the date of filing of the petition in error. If there is no proof from the post office of the date of mailing, the date of receipt by the Clerk of the Supreme Court shall constitute the date of filing of the petition in error.”
Section 990A was amended effective September 1, 1994. The mailbox rule was unchanged by this amendment.
. See, dissent by Kauger, J. in Rockwell International v. Hampton, 886 P.2d 992, 993 (Okla. 1994).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9856041. Public record. Not legal advice.