Robinson v. Fairview Fellowship Home for Senior Citizens, Inc.

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Petitioner Cynthia Robinson worked as a Nurse's Aide for Employer Fairview Fellowship Home for Senior Citizens, and was injured in early 2014. Petitioner requested a finding of injury to her neck, left shoulder, and left knee, as well as temporary total disability. Employer admitted that she was an employee on the date of the accident but denied that her injury arose out of and in the course of her employment. Petitioner argued that if her injury was not compensable, then 85A O.S. Supp. 2013 section 2(13) was an unconstitutional special law and unconstitutionally denied her a remedy for her injury. The ALJ found Petitioner's injury was not in the course and scope of employment, and thus, not compensable. The ALJ declined to address Petitioner's constitutional arguments. Petitioner appealed to the Workers' Compensation Commission, and the Commission affirmed the decision of the ALJ. After Petitioner filed her Petition for Certiorari in this Court, the Attorney General filed notice of his intent to provide his views concerning the authority of the Workers' Compensation Commission to address constitutional issues and the ability of the courts to review those decisions. The Supreme Court concluded that the Workers' Compensation Commission had the power to determine whether a provision of Title 85A was being unconstitutionally applied to a particular party in a proceeding before the Commission. The Court of Civil Appeals' opinion in this case was vacated, the Commission's decision in this case was vacated and the judgment was reversed and remanded for a new hearing before the assigned ALJ. View "Robinson v. Fairview Fellowship Home for Senior Citizens, Inc." on Justia Law