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MAHAN v. NTC OF AMERICA

No. 73254.

832 P.2d 805 (1992)

Richard Wayne MAHAN, Petitioner, v. NTC OF AMERICA and Fireman's Fund Indemnity Company, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied July 16, 1992.

Attorney(s) appearing for the Case

Wilson Jones Frasier & Frasier, Tulsa, for petitioner.

Paul V. McGivern, Jr. Daniel L. Crawford, McGivern, Scott, Gilliard, McGivern & Robinson, Tulsa, for respondents.

SUMMERS, Justice:

The question is whether injured claimant was an "employee" protected by the Oklahoma Workers' Compensation Act. Upon review of the record consistent with our duty to adjudicate a jurisdictional fact, we hold that he was not.

Mahan had a truck. He entered into a leasing agreement with NTC of America, Inc. Under the terms of the lease, Mahan agreed to carry goods for NTC from place to place in exchange...

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