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

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.

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