An injured worker who participated in discovery and scheduled depositions relating to his workers’ compensation case was “seeking” benefits, and his claim should not have been dismissed with prejudice, the Oklahoma Court of Appeals said.
By finding that claimant was trying to collect benefits and that his claim was not subject to dismissal, the majority of the court sidestepped the constitutional challenge to the statute in David White v. 918 Construction et al.
Oklahoma law allows an employer to request that a claim be dismissed with prejudice if an injured worker doesn&rs...
Comments