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Thompson v. J.W. Buck Construction

Citations: 21 P.3d 654; 2001 OK CIV APP 42; 72 O.B.A.J. 1221; 2001 Okla. Civ. App. LEXIS 11; 2001 WL 337232Docket: No. 95,115

Court: Court of Civil Appeals of Oklahoma; March 12, 2001; Oklahoma; State Appellate Court

Narrative Opinion Summary

The case involves a dispute over the timeliness of reimbursement claims filed by a health care provider in the context of workers' compensation proceedings. The provider sought payment for medical services rendered to a claimant who had settled his workers' compensation claim. The initial request for reimbursement was timely filed, but a subsequent filing was contested by the employer as untimely under the applicable statute of limitations. The trial court agreed with the employer, dismissing the claim. However, the appellate court reversed this decision, identifying that the original filing was within the permissible period following the settlement, and thus, the subsequent request could be viewed as an amendment to the original timely filing. Parallelly, in a related case, the Supreme Court addressed the procedural question of whether striking a pleading equates to a dismissal and found that it does not, allowing for continuation of the action. The Supreme Court vacated the dismissal and remanded the case for further proceedings, reinforcing that striking does not finalize the dismissal of a claim.

Legal Issues Addressed

Accrual of Cause of Action

Application: The provider's cause of action was determined to have accrued on June 11, 1993, which set the statutory deadline for filing.

Reasoning: It determined that the provider's cause of action accrued on June 11, 1993, providing a deadline of June 11, 1996, for filing.

Effect of Striking Pleadings

Application: The court clarified that striking a pleading does not equate to dismissing an action, allowing a second filing to be considered as an amendment rather than untimely.

Reasoning: The court noted that orders to strike are not appealable and emphasized that the original Form 19 remained pending since it was not dismissed in a final manner.

Statute of Limitations in Workers' Compensation Claims

Application: The appellate court determined that the health care provider's initial Form 19 filing was within the statute of limitations relative to the Joint Petition Settlement.

Reasoning: The appellate court found that the original Form 19 was filed within the appropriate time frame relative to the Joint Petition Settlement.