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GORDEN v. BRAUMS INC.
Citations: 2018 OK 74; 428 P.3d 325
Court: Supreme Court of Oklahoma; September 18, 2018; Oklahoma; State Supreme Court
Original Court Document: View Document
The case GORDEN v. BRAUMS INC., decided by the Oklahoma Supreme Court on September 18, 2018, revolves around an appeal by petitioner Kalesha Gorden regarding an Order Affirming Decision of an Administrative Law Judge (ALJ) by the Oklahoma Workers' Compensation Commission. Gorden sustained a compensable injury under the Administrative Workers' Compensation Act (AWCA), leading to an award for Permanent Partial Disability (PPD). Gorden contested the constitutionality of specific AWCA provisions requiring the exclusive use of the latest edition of the American Medical Association's Guide (AMA Guide) for evaluating PPD. The ALJ found these provisions constitutional, a determination later affirmed by the Workers' Compensation Commission En Banc. The primary issue on appeal was the constitutionality of the mandated use of the AMA Guide. The Court referenced its previous ruling in Hill v. American Medical Response, which held that the requirement to use the AMA Guide under the AWCA was constitutional. Consequently, the Oklahoma Supreme Court affirmed the Order of the Workers' Compensation Commission. The decision included concurrences from Justices Winchester, Wyrick, and Darby, while Justices Kauger and Colbert concurred based on the principle of stare decisis. Dissenting opinions were expressed by Vice Chief Justice Gurich and Justices Edmondson and Reif.