NORDAM GROUP, INC. v. BATEY

No. 106,521. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

213 P.3d 575 (2009)

2009 OK CIV APP 58

NORDAM GROUP, INC., and THE Hartford Insurance Company of the Midwest, Petitioners, v. John E. BATEY and the Workers' Compensation Court, Respondents.

Court of Civil Appeals of Oklahoma, Division No. 3.

Certiorari Denied June 8, 2009.


Attorney(s) appearing for the Case

Bonita Hyatt, Law Office of Ann Fries, Tulsa, OK, for Petitioners,

J.L. Franks, Raymond Lahann, Frasier, Frasier & Hickman, Tulsa, OK, for Respondents.


CAROL M. HANSEN, Presiding Judge.

¶ 1 Petitioners, Nordam Group, Inc. and Hartford Ins. Co. of the Midwest (collectively Employer), seek review of an order of the Workers' Compensation Court awarding permanent partial disability benefits to Respondent, John E. Batey (Claimant), for an injury resulting in hernia, based upon Claimant having "been twice previously operated" for hernia. We vacate the order, holding the Legislature eliminated permanent partial disability...

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