Dean v. Multiple Injury Trust Fund

• Decision Date: 17 October 2006
• Docket Number: No. 100,371.,No. 100,295.,100,295.,100,371.
• Citation: 145 P.3d 1097,2006 OK 78
• Parties: 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.
• Court: Oklahoma Supreme Court

145 P.3d 1097

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.

No. 100,295.

No. 100,371.

Supreme Court of Oklahoma.

October 17, 2006.

COPYRIGHT MATERIAL OMITTED

Certiorari to the Court of Civil Appeals, Division 4.

¶ 0 The petitioners, individually and as class representatives, seek review of the trial court's orders denying a motion to certify their judgment to district court, and finding that any claimant who commenced an action against the respondent, Multiple Injury Trust Fund, before January 29, 1997, for a material increase had opted out of the class pursuant to 12 O.S.2001, § 2023(C)(2) by commencing an individual action.

CERTIORARI GRANTED; OPINION OF THE COURT OF CIVIL APPEALS VACATED; ORDER OF THE WORKERS' COMPENSATION COURT SUSTAINED IN PART AND VACATED IN PART AND REMANDED WITH DIRECTIONS TO PROCEED IN A MANNER CONSISTENT WITH TODAY'S PRONOUNCEMENT.

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, with three previously published opinions from the Court of Civil Appeals: Dean v. Special Indemnity Fund, 1998 OK CIV APP 30, 956 P.2d 945; Multiple Injury Trust Fund v. Dean, 2001 OK CIV APP 30, 24 P.3d 861; and Dean v. Multiple Injury Trust Fund, 2003 OK CIV APP 34, 67 P.3d 356. Two appeals by the petitioners, Jerry D. Dean, James H. Pilkington, and the class of claimants, are now consolidated for review, case numbers 100,295 and 100,371. In 1993, the petitioners filed a request for payment of interest on unpaid awards, and for certification as a class. Since that time class certification was granted for awards entered on or after January 1, 1987, and not timely paid by the Special Indemnity Fund (now Multiple Injury Trust Fund). The Workers' Compensation Court found the Fund liable for interest on awards made on or after January 1, 1987, up to and including May 9, 1996, but not timely paid. The court adjudicated the amount owed for interest and granted judgment for $25,015,457.74, as calculated through October 15, 1999. This award was affirmed in Multiple Injury Trust Fund v. Dean, 2001 OK CIV APP 30, 24 P.3d 861, and certiorari was denied February 27, 2001.

¶ 3 On May 10, 2001, the class members filed a request for certification of their interest award to the district court pursuant to 85 O.S.Supp.1999, § 42.¹ The Workers' Compensation Court refused to certify the award, based on the exception in favor of the MITF found in § 42(A). Dean, 2003 OK CIV APP 34, ¶ 2, 67 P.3d 356, 357. After the Three-Judge Panel affirmed the trial court, the Court of Civil Appeals reversed, finding that the Panel erred in its refusal to certify the judgment to district court.

¶ 4 In an order filed December 16, 2003, the Workers' Compensation Court determined certain claimants had opted out of the class action by commencing an individual action before January 29, 1997, the date the issue of liability in the class action was determined. In addition, the court also found that certain other claimants were not members of the class. The petitioners appealed this order in Case No. 100,371.

¶ 5 On January 9, 2004, the Workers' Compensation Court again refused to certify the judgment to district court based on the wording of the Court of Civil Appeals opinion that "judgments against MITF for accrued unpaid portions of a permanent total disability award may be certified to District Court." Dean, 2003 OK CIV APP 34, ¶ 10, 67 P.3d 356, 359. That order found that the parties stipulated the case involved only accrued interest on material increase awards and not accrued portions of permanent total disability awards, so there were no awards subject to certification in the case. The petitioners appealed this order in Case No. 100,295.

II. SETTLED LAW OF THE CASE

¶ 6 The settled-law-of-the-case doctrine bars relitigation of issues settled by an appellate opinion. In the Matter of the Application of Eaton Enterprises, 2003 OK 14, ¶ 11, 65 P.3d 277, 280. This doctrine is a rule of judicial economy designed to prevent an appellate court from twice having to decide the same issue. Patel v. OMH Medical Center, 1999 OK 33, ¶ 22, 987 P.2d 1185, 1195. Whether the issue was wrongfully or rightfully decided is not to be determined; once settled on appeal, the appellate court will not review the issue on the second appeal. See, Reed v. Robinson, 1923 OK 645, ¶ 6, 219 P. 296, 297.

¶ 7 This doctrine does have an exception: it is not applied if the prior decision is palpably erroneous and this Court is convinced that failure to reverse it will result in a gross or manifest injustice. Tibbetts v. Sight `N Sound Appliance, 2003 OK 72, ¶ 16, 77 P.3d 1042, 1050.

A. Certification of Award to District Court

¶ 8 Unless the exception applies, the settled-law-of-the-case doctrine bars relitigation of whether the workers' compensation court must certify the January 27, 1997, class action judgment for collecting the interest due the class. When the petitioners first attempted to have their award certified to the district court, the Court of Civil Appeals in Dean v. Multiple Injury Trust Fund, 2003 OK CIV APP 34, 67 P.3d 356, reversed the decision of the Three-Judge Panel of the Workers' Compensation Court. That panel had decided that a judgment against the MITF could not be certified to district court because of the ban imposed by § 42(A) of title 85. Section 42(A) provides in pertinent part:

"If payment of compensation or an installment payment of compensation due under the terms of an award, except in the case of an appeal of an award or an award from the Multiple Injury Trust Fund, is not made within ten (10) days after the same is due by the employer or insurance carrier liable therefor, the Court may order a certified copy of the award to be filed in the office of the court clerk of any county, which award whether accumulative or lump sum shall have the same force and be subject to the same law as judgments of the district court. Any compensation awarded and all payments thereof directed to be made by order of the Court, except in the case of an appeal of an award or an award of compensation from the Multiple Injury Trust Fund, shall bear interest at the rate of eighteen percent (18%) per year from the date ordered paid by the Court until the date of satisfaction. On or after November 1, 2001, compensation ordered to be paid from the Multiple Injury Trust Fund shall bear simple interest only at the percentage rate applicable to judgments in civil cases pursuant to Section 727 of Title 12 of the Oklahoma Statutes from the date of the award. Any award from the Multiple Injury Trust Fund prior to November 4, 1994, shall bear interest at the percentage rate applicable to judgments in civil cases pursuant to Section 727 of Title 12 of the Oklahoma Statutes. Upon the filing of the certified copy of the Court's award a writ of execution shall issue and process shall be executed and the cost thereof taxed, as in the case of writs of execution, on judgments of courts of record, as provided by Title 12 of the Oklahoma Statutes; provided, however, the provisions of this section relating to execution and process for the enforcement of awards shall be and are cumulative to other provisions now existing or which may hereafter be adopted relating to liens or enforcement of awards or claims for compensation." [Emphasis added.]

Whether or not an award against the MITF may be certified to the district court depends on the meaning of the phrase used twice in § 42(A), and worded "except in the case of . . . an award from the Multiple Injury Trust Fund." The 2003 Dean case held that judgments against MITF may be certified to district court. Dean, 2003 OK CIV APP 34, ¶ 10, 67 P.3d 356, 359. In concluding that the judgments could be certified, the 2003 Dean court relied on Special Indemnity Fund v. Maples, 1998 OK CIV APP 157, 968 P.2d 839. Although that case was partially overruled by Samman v. Multiple Injury Trust Fund, 2001 OK 71, ¶ 11, n. 10, 33 P.3d 302, 307, n. 10, the 2003 Dean court correctly observed that Samman did not address the certification issue. Dean, 2003 OK CIV APP 34, ¶ 8, 67 P.3d 356, 358. Accordingly, the 2003 Dean court followed the holding in Maples. This Court has never construed the phrase, which was added to the statute in 1994. 1994 Okla.Sess.Laws, 2nd Ex.Sess., ch. 1, § 32.

¶ 9 The primary goal of statutory interpretation is to determine and follow the legislature's intention. Head v. McCracken, 2004 OK 84, ¶ 13, 102 P.3d 670, 680. That intent is ascertained from the whole act in light of its general purpose and objective. Rout v. Crescent Public Works Authority, 1994 OK 85, ¶ 10, 878 P.2d 1045, 1049. If the language is plain and clearly expresses legislative will, further inquiry is unnecessary. Rout, 1994 OK 85, ¶ 10, 878 P.2d at 1049. If the statute is ambiguous or its meaning uncertain, it is to be given a reasonable construction, one that will avoid absurd consequences, if this can be done without violating legislative intent. TRW/Reda Pump v. Brewington, 1992 OK 31, ¶ 5, 829 P.2d 15, 20.

¶ 10 On initial...