Pitchford v. Jim Powell Dozer, Inc., No. 92,261.

CourtSupreme Court of Oklahoma
Writing for the CourtHARGRAVE, V.C.J.
Citation996 P.2d 935,2000 OK 12
Docket NumberNo. 92,261.
Decision Date22 February 2000
PartiesJames E. PITCHFORD, Petitioner, v. JIM POWELL DOZER, INC., The State Insurance Fund, and the Workers' Compensation Court, Respondents

996 P.2d 935
2000 OK 12

James E. PITCHFORD, Petitioner,
v.
JIM POWELL DOZER, INC., The State Insurance Fund, and the Workers' Compensation Court, Respondents

No. 92,261.

Supreme Court of Oklahoma.

February 22, 2000.


Walter F. Brune and Fred L. Boettcher, Boettcher Law Offices, Inc., Ponca City, Oklahoma, For Petitioner James E. Pitchford.

Robert P. Fitz-Patrick and Mike Gilliard, McGivern, Gilliard & Curthoys, Tulsa, Oklahoma, For Respondents Jim Powell Dozer, Inc. and The State Insurance Fund.

HARGRAVE, V.C.J.

¶ 1 This matter concerns the denial of a post-award request by the claimant, James Pitchford for reimbursement of medications prescribed after the last disability hearing and order in a workers' compensation matter. We find that the trial court correctly denied this request for reimbursement as claimant made no request for a finding of a change of condition subsequent to the last disability hearing and continuing medical maintenance was neither provided for nor reserved in the last disability order.

996 P.2d 936
FACTS AND PROCEDURAL HISTORY

¶ 2 Claimant was originally injured on January 4, 1991. He received an award of permanent partial disability benefits on November 2, 1992. An order was entered July 29, 1996, finding that claimant sustained a change of condition for the worse, in which the Workers' Compensation Court awarded additional permanent partial disability to claimant's neck and back. At the hearing that resulted in the July 29, 1996 order, claimant did not request reservation of continuing medical maintenance or treatment, and the order did not address or reserve the issue of continuing medical maintenance. Claimant did not appeal this issue or seek to have the three-judge panel reserve the continuing medical issue not addressed in the July 29th order.

¶ 3 On January 16, 1998, Petitioner sought reimbursement for prescription medications purchased after the July 29, 1996 order. These prescriptions, as argued by the claimant, were for the maintenance of the previously adjudicated change in condition. On August 31, 1998 the trial court denied this request for reimbursement finding:

THAT in the absence of a change of condition for the worse, requests for continuing medical maintenance must be made at the time of the trial on permanent partial disability unless specifically reserved by the Trial Court in its order awarding permanent benefits, H.R. [Hill] Trucking Co. v. Hillburn [Hilburn], 940 P.2d 238, 240 (Okl.Civ.App.1997). When permanent partial disability is adjudicated by the Trial Court, claimant's treatment and medical maintenance status is also being adjudicated. In the absence of a finding of the need for continuing medical maintenance, claimant's permanent partial disability order effectively adjudicates that no such maintenance is required; to hold otherwise is to find that there is no finality to such issues of medical maintenance. Indeed, under claimant's theory, an order awarding one form of continuing medical maintenance could presumably be modified at any time to award an additional form of
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6 practice notes
  • Shepard v. Okla. Dep't of Corr., 113,033.
    • United States
    • Supreme Court of Oklahoma
    • February 24, 2015
    ...Court. That Court, if supported by sufficient evidence, may direct treatment in the future.”).10 Pitchford v. Jim Powell Dozer, Inc., 2000 OK 12, ¶ 9, 996 P.2d 935, 937 (Claimant did not request reservation of continuing medical maintenance or treatment, the order determining disability did......
  • Multiple Injury Trust Fund v. Coburn, 115,152
    • United States
    • Supreme Court of Oklahoma
    • December 6, 2016
    ...as it may be needed even after temporary total disability payments for 300 weeks have been paid); Pitchford v. Jim Powell Dozer, Inc. , 2000 OK 12, 996 P.2d 935 (claimant must show a change in condition for the worse for the court to have authority to award medical treatment because previou......
  • Jobe v. American Legion# 7, No. 95,229.
    • United States
    • Supreme Court of Oklahoma
    • September 18, 2001
    ...American Legion # 7 (92,787, unpublished order dated 10 May 1999). 8. For this notion, COCA relies on Pitchford v. Jim Powell Dozer, Inc., 2000 OK 12, 996 P.2d 9. PFL Life Ins. Co. v. Franklin, 1998 OK 32, ¶ 24, 958 P.2d 156, 166; Benning v. Pennwell Publishing Co., 1994 OK 113, ¶ 7, 885 P.......
  • Loyd v. Michelin N. Am., Inc., No. 112,754.
    • United States
    • Supreme Court of Oklahoma
    • April 26, 2016
    ...to seek a correction or ruling on the issue, he did not appeal and the order became final.¶ 11 In Pitchford v. Jim Powell Dozer, Inc., 2000 OK 12, 996 P.2d 935, the claimant was injured on the job and received an award of permanent partial disability benefits. Approximately four years later......
  • Request a trial to view additional results
6 cases
  • Shepard v. Okla. Dep't of Corr., 113,033.
    • United States
    • Supreme Court of Oklahoma
    • February 24, 2015
    ...Court. That Court, if supported by sufficient evidence, may direct treatment in the future.”).10 Pitchford v. Jim Powell Dozer, Inc., 2000 OK 12, ¶ 9, 996 P.2d 935, 937 (Claimant did not request reservation of continuing medical maintenance or treatment, the order determining disability did......
  • Multiple Injury Trust Fund v. Coburn, 115,152
    • United States
    • Supreme Court of Oklahoma
    • December 6, 2016
    ...as it may be needed even after temporary total disability payments for 300 weeks have been paid); Pitchford v. Jim Powell Dozer, Inc. , 2000 OK 12, 996 P.2d 935 (claimant must show a change in condition for the worse for the court to have authority to award medical treatment because previou......
  • Jobe v. American Legion# 7, No. 95,229.
    • United States
    • Supreme Court of Oklahoma
    • September 18, 2001
    ...American Legion # 7 (92,787, unpublished order dated 10 May 1999). 8. For this notion, COCA relies on Pitchford v. Jim Powell Dozer, Inc., 2000 OK 12, 996 P.2d 9. PFL Life Ins. Co. v. Franklin, 1998 OK 32, ¶ 24, 958 P.2d 156, 166; Benning v. Pennwell Publishing Co., 1994 OK 113, ¶ 7, 885 P.......
  • Loyd v. Michelin N. Am., Inc., No. 112,754.
    • United States
    • Supreme Court of Oklahoma
    • April 26, 2016
    ...to seek a correction or ruling on the issue, he did not appeal and the order became final.¶ 11 In Pitchford v. Jim Powell Dozer, Inc., 2000 OK 12, 996 P.2d 935, the claimant was injured on the job and received an award of permanent partial disability benefits. Approximately four years later......
  • Request a trial to view additional results

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