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BATT v. SPECIAL INDEM. FUND

No. 78427.

865 P.2d 1244 (1993)

Lucille E. BATT and Joe Farnan, Real Party in Interest, Petitioners, v. SPECIAL INDEMNITY FUND and the Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

December 21, 1993.

Attorney(s) appearing for the Case

David Custar, State Ins. Fund, Oklahoma City, for respondents.

Joe Farnan, Purcell, for petitioners.

LAVENDER, Vice Chief Justice.

The question presented is whether the attorney's fee portion of an award made from the Special Indemnity Fund abates upon the death of the Employee where the Special Indemnity Statute 85 O.S. 1981, § 172(C) (renumbered as 85 O.S. 1991, § 172(D)) states "[a]wards from the Special Indemnity Fund shall abate upon the death, from any cause, of the employee." We hold that according to the...

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