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DUNCAN v. OKLAHOMA DEPT. OF CORRECTIONS

No. 98,295.

95 P.3d 1076 (2004)

2004 OK 58

Teddy DUNCAN, for himself and all others similarly situated, Plaintiff/Appellant, v. OKLAHOMA DEPARTMENT OF CORRECTIONS, an agency of the State of Oklahoma, and Ron Ward, Director, Defendants/Appellees.

Supreme Court of Oklahoma.

July 6, 2004.

Attorney(s) appearing for the Case

William H. Stout of Carpenter & Laquer, Oklahoma City, OK, for Plaintiff/Appellant.

Charles K. Babb, Assistant Attorney General, Oklahoma City, OK, for Defendants/Appellees.

¶ 0 Plaintiff/appellant/inmate, Teddy Duncan sued defendants/appellees, the Oklahoma Department of Corrections (DOC) and its Director. He challenged DOC's right to retain, for costs of incarceration, the full amount of workers' compensation permanent total disability (PTD) benefits paid to him during his incarceration. Plaintiff was awarded the PTD benefits by order of the Oklahoma Workers' Compensation Court for work-related injury occurring before his imprisonment...

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