CONAGHAN v. RIVERFIELD COUNTRY DAY SCHOOL

No. 103,987.

163 P.3d 557 (2007)

2007 OK 60

Vicki Ann CONAGHAN, Respondent, v. RIVERFIELD COUNTRY DAY SCHOOL and Guideone Mutual Insurance Company, Petitioners.

Supreme Court of Oklahoma.

July 3, 2007.


Attorney(s) appearing for the Case

Marvin E. Spears, Tulsa, OK, and John C. McMurry, Oklahoma City, OK, for Vicki Ann Conaghan, respondent.

James B. Cassody, McGivern, Gilliard & Curthoys, Tulsa, OK, for Riverfield Country Day School and GuideOne Mutual Insurance Company, petitioners.


TAYLOR, J.

¶ 1 The dispositive issue presented in this appeal is whether the workers' compensation court erred in its ruling that 85 O.S.Supp. 2005, § 17(A) is an improper delegation of judicial power contrary to the state constitution. We find that the language "within the range of opinions of the treating physician and the Independent Medical Examiner" in subparagraph 17(A)(2)(b) unconstitutionally encroaches upon the judicial power. We further find that...

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