CUMMINGS v. JONES TRUCK LINES

CUMMINGS v. JONES TRUCK LINES
1997 OK CIV APP 89
953 P.2d 60
69 OBJ 159
Case Number: 89737
Decided: 12/05/1997
Mandate Issued: 12/31/1997

RELEASE FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS
THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA
DIVISION III

ARTHUR CUMMINGS, Petitioner,
vs.
JONES TRUCK LINES, NATIONAL UNION

PROCEEDING TO REVIEW AN ORDER OF A THREE-JUDGE PANEL OF THE WORKERS' COMPENSATION COURT

SUSTAINED

Henry Dalton, Oklahoma City, Oklahoma,

MEMORANDUM OPINION

CARL B. JONES, Presiding Judge

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¶6Claimant's last date of exposure was July 8, 1991, within the two year statute of limitations, to the day. However, his last exposure in Oklahoma was in May of 1991, and the claim was filed on July 8, 1993. Consequently, there was no last exposure to the cumulative trauma in Oklahoma within the two year statute of limitations found in 85 O.S. 1991 §43. There is no injury within the State of Oklahoma within the period of limitations and therefore there is no liability here since the employment contract was made in Arkansas.1 Consequently, the determination of the three judge panel affirming the order of the trial judge must be and is, sustained.

¶7SUSTAINED

GARRETT, J. and ADAMS, C.J., concur.

FOOTNOTES

1Under the provisions of 85 O.S. 1991 §4, there obviously has been liability under the aforementioned extraterritoriality proviso of the statute for injuries outside the State of Oklahoma when the contract of employment was made in the State of Oklahoma.