The information contained in this report is provided in compliance with the Oklahoma Open Records Act, 51 O.S. 24A.1. Use of this information is governed by this act, as well as other applicable state and federal laws.
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA
| Robert Hill, Petitioner, vs American Medical Response and Indemnity Ins. Co. of North America and The Workers' Compensation Commission, Respondents. |
No. WCM-115558 (Workers' Compensation Commission) Filed: 11/28/2016 Closed: 08/22/2018 Appealed from: Workers' Compensation Commission Filed Opinion/Order 2018 OK 57 , 423 P.3d 1119 |
Parties
AMERICAN MEDICAL RESPONSE,
Respondent
HILL, ROBERT,
Petitioner
Indemnity Ins. Co. Of North America,
Respondent
Attorneys
| Attorney | Represented Parties |
|---|---|
| Bell, Richard A. (Bar #685) 3151 W. TECUMSEH RD. SUITE 100 NORMAN, OK 73072 |
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| BULLARD, DON P.O. BOX 780 OKLAHOMA CITY, OK 73101 |
AMERICAN MEDICAL RESPONSE |
| BURKE, BOB (Bar #1329) 512 NORTH BROADWAY AVE STE 300 OKLAHOMA CITY, OK 73102 |
HILL ROBERT |
| Endicott, Harry Leroy (Bar #10795) 304 NW 13th PO Box 780 Oklahoma City, OK 73101 |
AMERICAN MEDICAL RESPONSE Indemnity Ins. Co. Of North America |
| GOREE, BRIAN J Court of Civil Appeals Oklahoma City Division *****INTERAGENCY MAIL***** |
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| Green, Michael R (Bar #13397) 3739 East 31st Street Tulsa, OK 74135 |
HILL ROBERT |
| Hall, Nathan B 313 NE 21st Street *******Interagency mail********* |
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| Hermes, John (Bar #4133) McAfee & Taft, A Professional Corporation Tenth Floor, Leadership Square 211 North Robinson Oklahoma City, OK 73102 |
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| Mansinghani, Mithun S Okla Atty General's Office ******Interagency Mail***** |
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| Mitchell, Hon E Bay COA/OKC ******interagency mail********* |
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| Morris, Andrew J. (Bar #31658) McAfee & Taft 10th Floor, Two Leadership Square 211 N. Robinson Oklahoma City, OK 73102 |
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| Watt, Hon Joseph ****Interagency***** |
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Events
None
Lower Court Counts and Other Information
| Count | Case Number | Statute | Crime | Sentence | Judge | Reporter |
|---|---|---|---|---|---|---|
| - | CM-2015-1094 H | - | Administrative Law Judges |
Docket
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DATE OF ORDER APPEALED |
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WORKERS' COMPENSATION COMMISSION INITIAL FILING |
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RECEIPT # 67927 ON 11/28/2016. |
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JE: PETRS' MOTIONS TO COMBINE TH/CASES (115557, 115558) GRANTED, AND THESE TWO CASES ARE MADE COMPANION CASES ETC. TH/SHALL CONTAIN SEPARATE RECS, AND BE BRIEFED SEPARATELY, BUT ASSIGNED TO THE SAME REVIEWING CT FOR DISPO. PETR'S MOT TO EXPEDITE, FILED IN CASE 115558, DENIED. TH/CASES ARE ALREADY PROCEEDING PURSUANT TO AN EXPEDITED SCHEDULE. NTCP DUE TO BE FILED 1-12-17, AND BRIEFING SH/BE COMPLETED SHORTLY THEREAFTER. ETC. N/ATTYS WCM |
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JE: PET FILED MOT TO RETAIN APPEAL ETC. PETR REQUESTS MATTER BE MADE COMP TO 115557 AND 115558 ETC. PETR'S REQ GRANTED. 115717 SHALL CONTAIN SEP REC AND BE BRIEFED SEPARATELY, BUT ASSIGNED TO SAME REVIEWING CT FOR DISP. ATTY GENERAL HAS EXCERCISED RIGHT TO PARTICIPATE IN 115557 AND 115558. CT NOTES ATTY GENERAL'S RIGHT TO BE HEARD ETC, ATTY GENERAL SH/BE PROVIDED OPPORTUNITY TO PARTICIPATE IN ANY BRIEFING AND ARGUMENT. CLERK TO MAIL COPY OF PETR'S PET FOR REVIEW ETC, AND PETR'S MOT TO RETAIN APPEAL ETC. ATTY GEN INVITED TO FILE BRIEF W/IN 20 DAYS FR/.DATE OF FILING OF NTCP. CT ALSO NOTES PETR'S MOT TO RETAIN APPEAL AND COMBINE W/OHTER PENDING CASES MAKES STATEMENT TH/APPEALS AND COMPLETIONS OF REC WILL BE FILED 2-1-17, W/SUB BRIEFING IN ALL THREE CASES TO FOLLOW SHORTLY TH/AFTER. CT DENIED PETR'S MOT TO EXPEDITE IN 115557 AND 115558. WE DENY EXPEDITED BRIEFING AS WELL. PETR'S BRIEF FILED 1-27-17, IS PREMATURE. RULE 1.105, ETC, PROVIDES ATBC SH/BE FILED W/IN TWENTY DAYS FR/DATE OF FILING OF NTCP. NO NTCP HAS BEEN FILED ETC. BECAUSE OF PREMATURE FILING, ANWER AND REPLY BRIEFING SCHEDULE SH/NOT BEGIN UNTIL NTCP HAS BEEN FILED AND AS IF ATBC WAS FILED SAME DAY AS FILING OF NTCP. C/ATTYS WCM (COPIES OF PET FOR REVIEW AND MOT TO RETAIN TO ATTY GENERAL) |
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RECORD ORDERED |
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ORIGINAL RECORD - 219 PAGES; 1 BOUND DOCUMENT (BFSP OF CONSTITUTIONAL ISSUES TO BE RAISED) |
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TRANSCRIPT 6/30/16 - 62 PAGES |
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TRANSCRIPT 11/17/16 - 17 PAGES |
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RECORD TO COURT |
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ASSIGNED TO SUPREME COURT |
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JE: ON CT'S OWN MOT, TH/CAUSE IS SET FOR ORAL ARGUMENT BEFORE CT EN BANC COMMENCING AT 10:00 AM ON 2-22-18, IN CTRM OF SUP CT OF OKLA, LOCATED ON 2ND FLOOR OF STATE CAPITOL. PARTIES SH/BE PREPARED TO ADDRESS AND DEFEND TH/RESPECTIVE POSITIONS ON ISSUES PERTINENT TO TH/CAUSE. PETR W/HAVE 30 MINUTES TO PRESENT ORAL ARGUMENT. FOLLOWING THIS, RSPNTS AND ATTY GENERAL OF STATE OF OKLA W/HAVE A COMBINED 30 MINUTES TO PRESENT ORAL ARGUMENT, WH/THEY MAY DIVIDE UP BETWEEN TH/HOWEVER TH/WISH. PETR MAY RESERVE A PORTION OF 30 MINUTES FOR REBUTTAL, NOT TO EXCEED 15 MINUTES. JUSTICES MAY ASK QUESTIONS DURING OR AFTER EACH ARGUMENT. C/ATTYS WCM |
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JE: DUE TO PREVIOUS INCLEMENT WEATHER, ORAL AGRUMENT BEFORE CT EN BANC HEREBY RESCHEDULED FOR 2:00 PM ON 3-19-18, IN CTROOM OF SUP CT OF OKLA ETC. PARTIES SH/BE PREPARED TO ADDRESS AND DEFEND RESPECTIVE POSITIONS ETC. PETR WILL HAVE 30 MINS TO PRESENT ARGUMENT. RESPS AND AG WILL HAVE COMBINED 30 MINS TO PRESENT ARGUMENT, WHICH THEY MAY DIVIDE UP BETWEEN THEM HOWEVER THEY WISH. PETR MAY RESERVE PORTION OF 30 MINS FOR REBUTTAL, NOT TO EXCEED 15 MINS. JUSTICES MAY ASK QUESTIONS DURING ORAL ARGUMENT. C/ATTYS WCM |
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JE: ON 2-12-18, PURSUANT TO OKLA CONSTITUTION, ETC, CHIEF JUSTICE ASSIGNED ACTIVE RETIRED JUSTICE JOSEPH WATT TO THE OKLA SUP CT TO SERVE AS SPECIAL JUSTICE IN TH/CAUSE. IN LIGHT OF RECENT APPOINTMENT OF JUSTICE RICHARD DARBY, 2-12-18 ORDER ASSIGNING RETIRED JUSTICE JOSEPH WATT TO SERVE IN TH/CAUSE H/BY VACATED. C/ATTYS WCM |
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JE: OPINION-----------------------------AFFIRMED-------------------------COMBS, CJ. CONCUR: COMBS, CJ, WINCHESTER, DARBY, JJ, GOREE, SJ, MITCHELL, SJ. CONCUR IN PART; DISSENT IN PART: KAUGER, J. (BY SEP WRITING). DISSENT: GURICH, VCJ. (BY SEP WRITING), EDMONDSON, REIF, JJ. RECUSED: COLBERT, WYRICK, JJ. C/ATTYS WCM PRESS WEST OBJ MDC (2018 OK 57) |
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AFFIRMED (OPINION) |
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RELEASE CARD SENT TO WEST |
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RECEIPT FOR MANDATE |
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ORGR RECEIVED FROM COURT |
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RECORD RETURNED WORKERS COMP. |