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DEAN v. MULTIPLE INJURY TRUST FUND

Nos. 100,295, 100,371.

145 P.3d 1097 (2006)

2006 OK 78

Jerry D. DEAN and James H. Pilkington, Individually and as Representatives of a Class of Claimants, Petitioners, v. MULTIPLE INJURY TRUST FUND, f/k/a Special Indemnity Fund of the State of Oklahoma, Administered by Compsource Oklahoma, f/k/a State Insurance Fund, and the Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

October 17, 2006.

Attorney(s) appearing for the Case

Thomas A. Layon, John B. Nicks, Layon Cronin & Kaiser, Tulsa, OK, for Petitioners.

Stephen G. Solomon, Derryberry, Quigley, Solomon & Naifeh, Oklahoma City, OK, for Respondent, Multiple Injury Trust Fund.

W.C. Doty, The Bell Law Firm, Norman, OK, for Respondent-claimants.

WINCHESTER, V.C.J.

¶ 1 There are three issues in this class action from Workers' Compensation Court: whether the court erred by refusing to certify the petitioners' awards to the district court pursuant to 85 O.S.2001, § 42, whether the special treatment of the Multiple Injury Trust Fund in § 42 is constitutional and whether the trial court may redetermine who may opt out of the class.

I. FACTS

¶ 2 This case has a long history...

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