Multiple Injury Trust Fund v. Pullum

__ P.3d __ CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION IV; APPEAL FROM ORDER OF THREE-JUDGE PANEL OF OKLAHOMA WORKERS' COMPENSATION COURT. HONORABLE RICHARD G. MASON, TRIAL JUDGE 0 Claimant, a physically impaired person by virtue of prior on-the-job injuries, suffered a later work-related injury in 1998 for which she sought permanent partial disability (PPD) benefits from her employer and its insurer. The PPD claim was settled by joint petition and paid in a lump sum. She then sought permanent total disability (PTD) benefits from the Multiple Injury Trust Fund (Fund). Finding combination of the injuries rendered her permanently totally disabled, a Workers' Compensation Court (WCC) trial judge awarded PTD benefits and ordered Fund to begin making weekly PTD payments immediately, i.e. from the PTD order's filing date. A WCC three-judge panel partially vacated the trial judge's order. The panel ruled a certain number of weeks had to elapse from the PPD joint petition settlement date before Fund was to begin weekly PTD payments, but also seemed to conclude PTD benefits would ""accrue"" from the date of their order. Fund appealed. The Court of Civil Appeals (COCA) sustained the panel's order, essentially ruling a 1999 amendment to 85 o.s. Supp. 1995, 172 should be retroactively applied to allow for ""accrual"" of PTD benefits from the date of the panel's order. Fund sought certiorari. Held: The trial judge, the three-judge panel and the COCA all erred. Under 85 o.s. Supp. 1995, 172(B) and (E) the law when claimant's last job-related injury occurred and which unambiguously delimited Fund's PTD liability to her PTD benefits were not due or owing until the formula-based lapse-time period mandated by the 1995 version of 172 (E) expired. Neither the 1999 amendment of 172 nor its amendment in 2000 were intended to have retroactive application to allow for ""accrual"" of PTD benefits during 172 (E)'s lapse-time period. We also hold the lapse-time period was intended by the Legislature to begin running from the last date temporary total disability (TTD) was paid to claimant, not from the date of the PPD joint petition settlement. CERTIORARI PREVIOUSLY GRANTED; COURT OF CIVIL APPEALS' OPINION VACATED; THREE-JUDGE PANEL ORDER VACATED AND MATTER REMANDED TO WORKERS' COMPENSATION COURT.