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SPECIAL INDEM. FUND v. PAYTON

No. 90173.

962 P.2d 676 (1998)

1998 OK CIV APP 95

SPECIAL INDEMNITY FUND, Petitioner, v. Larry D. PAYTON and the Workers' Compensation Court, Respondents.

Court of Civil Appeals of Oklahoma, Division No. 3.

Certiorari Denied June 17, 1998.

Attorney(s) appearing for the Case

Georgiana Peterson and Henry A. Meyer, III, Pray, Walker, Jackman, Williamson & Marlar, Oklahoma City, Oklahoma, for Petitioner.

Richard L. Peaster, Richard L. Peaster & Associates, Tulsa, Oklahoma, for Respondents.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

MEMORANDUM OPINION

ADAMS, Judge:

¶ 1 Does Claimant Larry Payton have an obvious and apparent unadjudicated previous disability from a 1990 automobile accident? If not, then under the evidence presented, the Special Indemnity Fund (Fund) argues that Claimant does not meet the level of combined disability (40 percent) required under 85 O.S.Supp.1994 &...

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