Supreme Court of Oklahoma, 1983

In the Matter of Death of Takagi

In the Matter of Death of Takagi
Supreme Court of Oklahoma · Decided April 19, 1983 · Wilson, Simms, Irwin, Lavender, Doolin, Hargrave, Opala
662 P.2d 308; 1983 OK 38; 1983 Okla. LEXIS 171 (Pacific Reporter, Second Series)

In the Matter of Death of Takagi

Opinion

MEMORANDUM DECISION

WILSON, Justice.

Upon consideration of the above styled and captioned cause the Court finds:

Certiorari was granted September 13, 1982.

The decision of the Court of Appeals, Division 2, is not in accordance with the applicable decisions of this Court.

It is well settled that it is not the province of the reviewing court to weigh the evidence in a workers’' compensation case, or to determine where the preponderance lies. Rather, it examines the record only to ascertain whether the order is supported by any competent evidence. Graves v. Safeway Stores, Inc., 653 P.2d 1236 (Okl. 1982); Wilkinson v. McGehee, 651 P.2d 671, 672 (Okl. 1982); In the Matter of the Death of Sade, 649 P.2d 538, 540 (Okl. 1982); Loggins v. Wetumka Gen. Hosp., 587 P.2d 455, 457 (Okl. 1978); Sooner Const. Co. v. Brown, 544 P.2d 500, 502 (Okl. 1975).

An examination of the record reflects that there is competent evidence to support the en banc order of the Workers’ Compensation Court that Petitioner did not suffer an accidental injury arising out of or in the course of his employment.

The opinion of the Court of Appeals, Division 2, should be vacated and en banc order of the Workers’ Compensation Court should be reinstated.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT THE OPINION OF THE COURT OF APPEALS, DIVISION 2, BE VACATED, AND.THE EN BANC ORDER OF THE WORKERS’ COMPENSATION COURT BE REINSTATED.

SIMMS, V.C.J., and IRWIN, LAVENDER, DOOLIN, HARGRAVE and OPALA, JJ., concur.

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