EARNEST, INC. v. LeGRAND

No. 54177.

621 P.2d 1148 (1980)

EARNEST, INC., and United General Insurance Co., Petitioners, v. Teresa LeGRAND and Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied January 19, 1981.


Attorney(s) appearing for the Case

Albert M. Morrison, Oklahoma City, for petitioners.

K. D. Bailey, Bailey, Romine & Seacat, Okmulgee, Jan Eric Cartwright, Atty. Gen., of Oklahoma, Oklahoma City, for respondents.

Gene C. Howard, R.K. Pezold, Howard & Rapp, Tulsa, Bruce O. Taliaferro, James R. Elder, Tulsa, George J. McCaffrey, Lampkin, Wolfe, McCaffrey & Tawwater, Oklahoma City, for amici curiae Townley's Dairy Co., Sentry Ins. Co., Oklahoma Trial Lawyers Assoc.


WILLIAMS, Justice:

The facts surrounding the employee's (Mr. LeGrand's) death are not in dispute. Claim by the widow and children was timely filed and the employer does not contest the amount of the award.

The sole issue presented in the present petition for review is whether or not in death benefit claims cases the employer and/or carrier has a right of subrogation against the negligent third party. In Updike...

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