Jarvis v. City of Stillwater

1 The first-impression question before us, tendering for construction an exclusionary provision in The Oklahoma Political Subdivision Tort Claims Act [Act], is: Do the terms of 51 O.S. 1981 ? 155 (14), which except from governmental liability "[a]ny claim covered by the Oklahoma Workers Compensation Act . . .", bar from recovery, not only one who, when injured, was a covered employee of the political subdivision sued in tort, but also all those who may claim compensation from anyone for the injurious event sought to be redressed? We hold that the ? 155(14) exclusion bars only the covered employees of the defending political subdivision.