OK: Moonlighting Sheriff’s Office Major Was Employee of Restaurant When He Was Shot and Robbed

Finding that the “plain, clear, unmistakable, unambiguous, mandatory, and unequivocal language” of 85 O.S. 2011 § 313(G) mandated that private employers, hiring off-duty municipal employees, should alone be responsible for the payment of workers’ compensation benefits arising from incidents occurring during the hours of actual employment by the private employer, the Supreme Court of Oklahoma recently affirmed a finding that a Sheriff’s Department officer who, while serving as a security guard for a restaurant, was ambushed, shot in the head, and robbed of two money bags as he attempted to deliver them to a night deposit box was the employee of the restaurant, and not an independent contractor. Moreover, citing Larson’s Workers’ Compensation Law, the court held that since the officer was engaged in “the same, or substantially similar, employment” to that of his profession as a Major in the Sheriff’s Department at the time of his injury, the circumstances warranted the combination of salaries for purposes of determining his AWW.

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Cattlemen’s Steakhouse, Inc. v. Waldenville, 2013 OK 95, 2013 Okla. LEXIS 128 (Nov. 12, 2013) [2013 Okla. LEXIS 128 (Nov. 12, 2013)]

See generally Larson’s Workers’ Compensation Law, § 62.01 [62.01]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

 _____________________________________________________________________

Special Discount Price $79*; Books shipping now to customers! 

Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

• A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, stafff writer for Larson's Workers' Compensation Law
• In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
• Larson's Spotlight on interesting cases for 2013, written by Thomas A. Robinson

View the brochure & table of contents.

View sample pages.

Order online or contact Christine Hyatt at  ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.

PROMO CODE: WCEIA

*Price does not include sales tax, shipping or handling. Price subject to change without notice. Discount cannot be combined with other offers. Expires 12/31/2013.

For more information about LexisNexis products and solutions connect with us through our corporate site