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HARVEY v. AUTO PLUS OF WOODWARD

Nos. 109,803, 109,805. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

287 P.3d 410 (2012)

2012 OK CIV APP 92

Jeffery Blaine HARVEY, Petitioner/Counter-Respondent, v. AUTO PLUS OF WOODWARD, Acadia Insurance Company, and the Oklahoma Workers' Compensation Court, Respondents/Counter-Petitioners.

Court of Civil Appeals of Oklahoma, Division No. 1.

September 13, 2012.

Attorney(s) appearing for the Case

Daniel J. Talbot , Halley, Talbot & Smithton, Oklahoma City, Oklahoma, for Petitioner/Counter-Respondent.

Jerrod Geiger , Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, Oklahoma, for Respondent/Counter-Petitioner.

KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Petitioner/Counter-Respondent Jeffery Blaine Harvey (Claimant) appeals an order of a three-judge panel of the Workers' Compensation Court affirming the trial court's order. Claimant asserts that Respondents/Counter-Petitioners Auto Plus of Woodward and Acadia Insurance Company (collectively, Employer) waived a defense based on 85 O.S.Supp.2010 § 11(B)(5),1 because it was not specifically...

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