Gibby v. Hobby Lobby Stores, Inc.

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The constitutionality of section 57 of the Administrative Worker's Compensation Act (AWCA) came before the Oklahoma Supreme Court. Claimant Brandon Gibby injured his right wrist and left knee in 2014 when he fell three to four feet from a pallet jack while in the course and scope of his employment. Employer, Hobby Lobby Stores, provided temporary total disability and medical benefits. However, when Claimant sought permanent partial disability, Employer asserted that the forfeiture provision, section 57 of the (AWCA) prohibited Claimant from receiving any further workers' compensation benefits because he had missed two or more scheduled medical appointments without a valid excuse or notice to his employer. At trial, Claimant attempted to demonstrate extraordinary circumstances for missing three scheduled medical appointments. The administrative law judge found none and denied the request for permanent partial disability despite the fact there was no dispute that Claimant's injury had left him disabled. The Workers' Compensation Commission affirmed. Following a review of the record on appeal, the transcripts of the proceedings below, and the briefs of the parties and amici, the Supreme Court held the forfeiture provision found at section 57 of title 85A violated the adequate remedy provision of Article II, section 6, of the Oklahoma Constitution. The section 57 forfeiture provision was therefore stricken in its entirety. View "Gibby v. Hobby Lobby Stores, Inc." on Justia Law