LEE WAY MOTOR FREIGHT, INC. v. WELCH

No. 63900.

764 P.2d 191 (1988)

LEE WAY MOTOR FREIGHT, INC., and PepsiCo, Inc., Petitioners, v. Loyd E. WELCH, Claimant-Respondent.

Supreme Court of Oklahoma.

November 1, 1988.


Attorney(s) appearing for the Case

Albert M. Morrison, Kenneth N. McKinney, Robert L. Roark, McKinney, Stringer & Webster, and Charles C. Green, Turner, Turner, Green & Braun, Oklahoma City, and White & Case, New York City, and Schiff, Hardin & Waite, Chicago, Ill., for petitioner, PepsiCo, Inc.

Lew Gravitt, Stipe, Gossett, Stipe, Harper, Estes, McCune & Parks, Oklahoma City, for claimant-respondent.


OPALA, Justice.

Three questions are tendered for our review: [1] Does the out-of-state parent company's guaranty for its local subsidiary — a device necessary to assure the latter entity's continued status as an Oklahoma ownrisk employer — make the guarantor liable for payment of benefits awarded before the effective date of the guaranty, where the employer's default in payment occurred after the...

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