Hennesy v. Anthony
Hennesy v. Anthony
Opinion of the Court
Opinion by
¶ 1 Claimant seeks review of a Workers’ Compensation Court order denying her claim, finding it barred by the provisions of 85 O.S. Supp.1997 § 43(B) which requires a good faith request for hearing and final determination thereon within three years from the date of filing the claim or from the date of last payment of compensation or wages in lieu thereof.
¶ 2 Claimant’s on-the-job injury occurred on April 19, 1995.
¶ 3 The issue is straightforward-whether the three-year limitations period provided in 85 O.S. § 43(B)
¶ 4 Ruzika v. Rent City of Altus, supra, is instructive. It explains that under § 43(B), not only must a claimant make a good faith request for hearing and final determination within five years
¶ 5 In the instant ease, the parties argue about whether Claimant’s Form 9, motion to set for trial on the issue of medical treatment filed April 30, 1996, was a request for a “hearing and final determination thereof’. They also argue over whether the announcement to the trial court on June 3, 1996, that this motion was “moot” indicates it was not “a good faith” request for hearing. It makes no difference, however, because there was a period of over three years, from at least June 3, 1996, to July 16, 2000, when there was clearly no request for final determination that would satisfy § 43(B). Claimant’s only filing during that four year period was a Form 13, request for a pre-hearing settlement conference. No stretch of legal logic will allow that filing to be interpreted as a request for hearing and final determination.
¶ 6 Claimant’s action is barred. The order of the Workers’ Compensation Court is SUSTAINED.
. April 19, 1995, of course, is the date of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. Claimant’s Form 3 alleges she was thrown across the room where she was working when the bomb went off.
. 85 O.S. Supp.1997 § 43(B) provides in pertinent part:
When a claim for compensation has been filed with the Administrator as herein provided, unless the claimant shall in good faith request a hearing and final determination thereon within three (3) years from the date of filing thereof or within three (3) years from the date of last payment of compensation or wages in lieu thereof, same shall be barred as the basis of any claim for compensation under the Workers’ Compensation Act and shall be dismissed by the Court for want of prosecution, which action shall operate as a final adjudication of the right to claim compensation thereunder.
. The earlier version of 85 O.S. § 43 which is applicable in the Ruzika case provided for a five year limitations period rather than the three years provided now. Otherwise, there is no dif
Case-law data current through December 31, 2025. Source: CourtListener bulk data.