301 P.3d 405 2013 OK 8

2013 OK 8

CONTROLS COMPONENTS, LTD. and Murphy Industries, LLC, Petitioners, v. Shelia M. WEAVER and The Workers' Compensation Court, Respondents.

No. 109,522.

Supreme Court of Oklahoma.

Feb. 5, 2013.

Chad R. Whitten, Cynthia J. Braly, Jenks, Oklahoma, for Petitioner,

Gus Farrar, Tulsa, Oklahoma, for Respondents.

OPINION

WATT, J.;

1 Respondent Shelia M. Weaver (Claimant) seeks certiorari review of the decision of the Court of Civil Appeals' (COCA) opinion which vacated her award of permanent total disability (PTD). We granted certiorari to consider whether COCA erred when it used the "clear weight of the evidence" standard of review in Claimant's appeal. We answer in the affirmative and reverse, based on our recent holding in Williams Companies, Inc. v. Kristy Dunkelgod and The Workers' Compensation Court, 2012 OK 96, 295 P.3d 1107.1

12 Claimant sustained an injury which arose out of and in the course of her employment with Petitioners, Controls Components, Ltd. and Murphy Industries, LLC, (collectively, Employer) on May 18, 2005.2 Despite *406disputed evidence presented by Employer, the trial court found Claimant was permanently totally disabled due to her injury of reflex sympathetic dystrophy to her left arm and psychological overlay. The three judge panel affirmed. However, on appeal, COCA held "[the finding that Weaver is PTD is against the clear weight of the evidence. We vacate and remand for determination of PPD." COCA relied on 85 0.8.2011 § 340(D) which provides:

D. The order, decision or award of the Court shall be final and conclusive upon all questions within its jurisdiction between the parties, unless, within twenty (20) days after a copy of such order, decision or award has been sent by the Administrator to the parties affected, an action is commenced in the Supreme Court, to review such order, decision or award ... After the effective date of this act, regardless of the date of injury, the Supreme Court may modify, reverse, remand for rehearing, or set aside the order or award upon any of the following grounds:
4. The order or award was against the clear weight of the evidence. [emphasis added].

13 We held in Dunkelgod that the date of the injury determines the standard of review to be used on appeal. See Dunkelgod, supra, 2012 OK 96, ¶ 18:

The standard of review applicable to a workers' compensation appeal is that which is in effect when the claim accrues. It is determined as of the date of injury and is a substantive right which remains unaffected by later-enacted legislation, despite statutory language to the contrary. See Dunlap,3 Nomac,4 supra; Okla. Const., Art. 5, §§ 52, 54.

14 Because Claimant's injury occurred on May 13, 2005, prior to the effective date of the act, August 26, 2011, COCA erred in using the "clear weight of the evidence" standard to reverse the PTD award. COCA should have reviewed the award under the *407"any competent evidence" standard which was in effect at the time of Claimant's injury.5 Because we find competent evidence supports the PTD award, we reverse and remand to the Workers' Compensation Court for further proceedings.

15 COURT OF CIVIL APPEALS OPINION IS VACATED; WORKERS' COMPENSATION COURTS ORDER IS SUSTAINED AND REMANDED FOR FURTHER PROCEEDINGS

COLBERT, C.J., REIF, V.C.J., KAUGER, WATT, WINCHESTER, EDMONDSON, COMBS, JJ., concur.

TAYLOR, GURICH, JJ., concur by reason of stare decisis.

Controls Components, Ltd. v. Weaver
301 P.3d 405 2013 OK 8

Case Details

Name
Controls Components, Ltd. v. Weaver
Decision Date
Feb 5, 2013
Citations

301 P.3d 405

2013 OK 8

Jurisdiction
Oklahoma

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