[Download] "Continental Oil Co. v. Allen" by Supreme Court of the State of Oklahoma # Book PDF Kindle ePub Free

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eBook details

• Title: Continental Oil Co. v. Allen
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 09, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

1 The question dispositive of claimants motion to dismiss this proceeding by the employer is: May this court treat as reviewable under the pertinent provisions of 85 O.S.Supp. 1977 ? 3.6 B an appellate panels decision which sustains the trial judges finding of claimants permanent total disability, reduces the applicable rate of weekly benefits due him and vacates the award rested on the wrong rate, but (a) leaves undetermined - and "reserved for future hearing" - the amount of compensation accrued at the decreased rate adjudged to be applicable as well as the counsel fee to be deducted from both the accrued and unaccrued portions of benefits to be allowed and (b) neither remands the case to the trial judge for determination of the essential issues reserved nor retains the claim for further action before the panel? We hold that (1) the panels decision is not reviewable because it tenders for corrective relief in this court errors occurring in the course of interlocutory judicial action that has not yet culminated in the entry of an enforceable award; and (2) although the employers proceeding must be dismissed as prematurely brought, this court will invoke its power of superintendence, granted by Art. 7 ? 4, Okl.Const., to dislodge the case from its present position in jurisdictional nomans-land that lies between the cognizance of the review panel and that of the trial judge by directing the panel either to determine the essential issues "reserved" by its decision on appeal or to remand the claim to the trial judge for further action before him.

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