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MULTIPLE INJURY TRUST FUND v. WADE

No. 103,067.

180 P.3d 1205 (2008)

2008 OK 15

MULTIPLE INJURY TRUST FUND, Petitioner, v. Frank WADE and the Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied April 7, 2008.

Attorney(s) appearing for the Case

Georgiana Peterson, Oklahoma City, OK, for petitioner.

Joe Farnan, Purcell, OK, for respondents.

TAYLOR, J.

¶ 1 The dispositive issue in this appeal is whether claimant timely requested a hearing on his right to receive benefits from the Multiple Injury Trust Fund (Fund). We conclude that 85 O.S.Supp.1986, § 43 (B) governs the time-restriction issue and that this statute required claimant to file a request for a hearing on his claim against the Fund within five years from the last payment by the employer in the primary claim. In

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