For Your Data Marina Point, Ltd. V. Wolfson Instance Brief

Marina Point, Ltd. v. Wolfson illustration brief summary
496 P.2d 115 (1982)

CASE SYNOPSIS

Petitioner employee sought review of a judgment of the Oklahoma State Industrial Court, sitting en banc, which vacated an accolade of workmen's compensation that was made yesteryear a trial judge, as well as denied the employee's claim for workmen's compensation benefits.

CASE FACTS
The employee filed a claim seeking workmen's compensation benefits for an injury to his dorsum that he sustained spell loading his tools as well as store manuals into his truck. The injury occurred betwixt 23 to 24 hours afterwards the employee had received his end paycheck as well as had been told that his occupation was terminated.

PROCEDURAL HISTORY
The trial guess constitute that the employee sustained an accidental injury to his dorsum arising out of as well as inward the class of hazardous occupation alongside the employer, as well as entered an club awarding him compensation for disability.

DISCUSSION

On appeal, the Oklahoma State Industrial Court, sitting en banc, vacated the accolade as well as denied the claim yesteryear argue that the employee did non sustain an accidental personal injury arising out of as well as inward the class of his hazardous employment.
The employee sought review.
The courtroom ruled that the employee was non an "employee" at the fourth dimension of his injury as well as hence he was non entitled to benefits because at the fourth dimension the injury took place, he was removing the items for his ain create goodness on his ain time.

HOLDING

The courtroom held that there was no understanding betwixt the employee as well as employer whereby the employee would hold upwardly paid to take his tools as well as store manuals at the resultant of his employment.

CONCLUSION
The courtroom sustained the club of the Oklahoma State Industrial Court which denied the employee's claim for benefits.

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