Monday, January 6, 2014

Marina Point, Ltd. v. Wolfson case brief

Marina Point, Ltd. v. Wolfson case 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 award of workmen's compensation that was made by a trial judge, and 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 back that he sustained while loading his tools and shop manuals into his truck. The injury occurred between 23 to 24 hours after the employee had received his final paycheck and had been told that his employment was terminated.

PROCEDURAL HISTORY
The trial judge found that the employee sustained an accidental injury to his back arising out of and in the course of hazardous employment with the employer, and entered an order awarding him compensation for disability.

DISCUSSION
  • On appeal, the Oklahoma State Industrial Court, sitting en banc, vacated the award and denied the claim by reason that the employee did not sustain an accidental personal injury arising out of and in the course of his hazardous employment. 
  • The employee sought review. 
  • The court ruled that the employee was not an "employee" at the time of his injury and thus he was not entitled to benefits because at the time the injury took place, he was removing the items for his own benefit on his own time. 
HOLDING
  • The court held that there was no agreement between the employee and employer whereby the employee would be paid to remove his tools and shop manuals at the termination of his employment.
CONCLUSION
The court sustained the order of the Oklahoma State Industrial Court which denied the employee's claim for benefits.

See also: Marina Point, Ltd. v. Wolfson full case on Google Scholar

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