Opinion

Johnson v. Tony's Town Mister Quik

  • 67 O.B.A.J. 1260
  • 915 P.2d 355
  • 1996 OK 138
  • 1996 Okla. LEXIS 56
  • 1996 WL 162432
Court
Supreme Court of Oklahoma
Filed
Apr 9, 1996
Status
Published
Author
Watt
On the bench
Ala, Kauger, Hodges, Simms, Hargrave, Wilson, Lavender, Summers, Watt
Cited by
29 cases
Authority
More cited than 13.0%

The opinion

WATT, Justice,

with whom LAVENDER, J., joins, dissenting.

I respectfully dissent to the majority opinion in this case for two reasons. First, I see no reason to abandon the rule established in Ireton v. St. Francis Hospital, 844 P.2d 151 (Okla.1992), that 12 O.S.Supp. 1994 § 990A.B applies only to petitions in error, and not to petitions to review orders of the Workers’ Compensation Court. Ireton was rightly decided. I believe, therefore, that the express language of the statute should be followed until and unless the Legislature chooses to broaden it. Second, § 990A.B does not apply here because Petitioner’s certificate of mailing does not show that her petition for review was mailed “by certified mail with return receipt requested,” as expressly required by § 990A.B. [Emphasis added.]

We have apparently decided only one case interpreting § 990A.B. In Marshall v. OK Rental & Leasing, Inc., 879 P.2d 132, 134 (Okla.1994), we held that § 990A.B applied to appellant’s petition in error because “the pe- *359 títíon was mailed to us on September 2, 1993 by U.S. certified mail, return receipt requested. September 2, 1993 is therefore deemed the filing date of the petition in error [under § 990A.B].” [Emphasis added]. Marshall makes clear that an appellant has a duty to make a showing that she mailed her petition in error via “certified mail, return receipt requested ” before she can claim relief under § 990A.B. Even if a petition for review of a Workers’ Compensation Court order could be held to come under § 990A.B, petitioner here made no showing that she came under its terms by having mailed her petition by certified mail, return receipt requested. Her petition for review, therefore, should have been dismissed.

I respectfully dissent.

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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