IN RE DEATH OF GRAY

No. 98,237.

100 P.3d 691 (2004)

2004 OK 63

In the Matter of the DEATH OF Joe Luther GRAY, deceased, Cathy L. Gray, Petitioner, v. Ultramar Diamond, Shamrock Corporation and the Workers' Compensation Court, Respondents, American Home Assurance Company, Insurance Carrier.

Supreme Court of Oklahoma.

July 6, 2004.


Attorney(s) appearing for the Case

G. Todd Ralstin, Oklahoma City, OK, for Petitioner.

John S. Oldfield, Jr., Oklahoma City, OK, for Respondents.


KAUGER, J.:

¶ 1 The question presented is whether, pursuant to 85 O.S.2001 § 11,1 the surviving spouse of an injured worker who dies during an operation which was necessitated because the employee sustained a work-related injury, is entitled to workers' compensation death benefits. We hold that the surviving spouse is entitled to death benefits because the unrefuted facts show the work...

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