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ELLINGTON v. HORWITZ ENTERPRISES

No. 97,066.

68 P.3d 983 (2003)

2003 OK 37

James ELLINGTON, Petitioner/Appellant, v. HORWITZ ENTERPRISES, d/b/a The Kettle # 217; Travelers Insurance and The Workers' Compensation Court, Respondents/Appellees.

Supreme Court of Oklahoma.

April 8, 2003.

Attorney(s) appearing for the Case

Philip D. Ryan, Boettcher, Ryan & Martin, Oklahoma City, OK, for Petitioner/Appellant.

Travis A. Fulkerson, Looney, Nichols, & Johnson, Oklahoma City, OK, for Respondent/Appellee.

SUMMERS, J.

¶ 1 The question is whether the injured worker let his compensation claim for job-related injury lapse by reason of non-compliance with a statute requiring that he "request a hearing and final determination" within a fixed period of time. We conclude that his claim did so lapse, and was properly dismissed by the Workers' Compensation Court for want of prosecution.

¶ 2 James Ellington was injured in 1995. He received medical treatment...

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