Supreme Court of Oklahoma

Larry Samman, Petitioner v. Multiple Injury Trust Fund, and the Workers' Compensation Court, Respondents

September 18, 200172 O.B.A.J. 2703

Summary

The court held that the Workers' Compensation Court lacked jurisdiction to require the Multiple Injury Trust Fund to accrue permanent-total-disability payments before the employer finished paying permanent-partial-disability benefits or to require a lump-sum payment of those amounts. Because the governing statute was clear and unambiguous when Samman's later injury occurred, the 1999 amendment could not be applied retroactively as a clarification of prior law. The court reversed the Court of Civil Appeals and upheld the Workers' Compensation Court's determination that the earlier order was facially void to the extent it expanded the Fund's liability.