Loyd v. Michelin North America, Inc.

Claimant James Loyd was awarded permanent partial disability benefits after being injured on the job. Loyd did not appeal, and the order became final. Less than a month after such order was issued, Loyd filed a "Form 9" requesting continuing medical maintenance and requesting a portion of his permanent partial disability award be commuted to a lump sum payment. When this request was denied and the denial upheld by the Workers' Compensation Court and Court of Appeals, he appealed. Upon consideration, the Supreme Court hold that a claimant may seek to commute his or her permanent partial disability award after the hearing on permanent partial disability under 85 O.S. 2001 sec. 41(A). Additionally, the Court concluded that because Loyd did not request reservation of continuing medical maintenance and the trial court's order awarding permanent partial disability did not address or reserve the issue of continuing medical maintenance, Loyd's only recourse was to seek continuing medical maintenance through a reopening proceeding under 85 O.S. 2001 sec. 28. View "Loyd v. Michelin North America, Inc." on Justia Law