A district court ruling that could prove to significantly impact the way worker’s compensation cases are handled in Oklahoma may soon be heard by the state Supreme Court, according to officials at the Advisory Council on Workers’ Compensation.
A district judge ruled this month that Pottawatomie County man Darrell Duck’s injury while on the job at a Shawnee Hibdon Tire location was foreseeable, and therefore was not covered by the state’s workers’ compensation act, and concluded that Duck has a right to sue his employer for compensation.
Bob Burke, a workers’ comp lawyer and a former council member, said in a presentation to the council that Duck, who he is representing, was trying to loosen a bolt when he fell and was injured.
Burke said if Duck’s injury is not covered, then he is without remedy, which is in violation of a violation of the Constitution. “For every wrong, there’s a remedy,” Burke explained. “You’ve got to have some place to go to get a remedy.”