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Pham v. Wuu Jau Company Inc.
Citations: 146 P.3d 868; 2006 OK CIV APP 139; 2006 Okla. Civ. App. LEXIS 118; 2006 WL 3344855Docket: No. 103,315
Court: Court of Civil Appeals of Oklahoma; September 26, 2006; Oklahoma; State Appellate Court
Petitioner Phuoe Pham appeals the workers' compensation court's order denying his claim for compensation following an injury sustained while working for Wuu Jau Company, Inc. The Employer did not dispute the occurrence of the injury but claimed that Claimant had intentionally harmed himself, citing 85 O.S. 2001, § 11(A)(1), which excludes compensation for injuries self-inflicted with willful intent. During the trial, Claimant testified that he fell from a forklift while attempting to dispose of trash, and he denied any intention to injure himself. The Employer's sole witness noted that Claimant had previously inquired about workers' compensation coverage and made comments suggesting he might seek benefits if he were to fall, which Claimant characterized as joking. The trial judge concluded that while Claimant did not intend to injure himself as severely as he did, the injury was not deemed accidental. This finding was upheld by a three-judge panel. Claimant argues that the court's conclusion lacks evidentiary support. The ruling emphasized that the burden of proof initially lies with Claimant to establish his claim, after which the Employer must provide evidence for any defenses against recovery. The court found that the Employer's evidence, consisting of Claimant's inquiries about workers' compensation and his comments, did not suffice to establish intentional injury. These statements raised mere suspicion rather than definitive proof, as they could also be interpreted as a reasonable concern about insurance coverage. The court's reliance on these statements to deny Claimant's benefits would undermine the intent of the Workers' Compensation Act to protect injured workers. The order is thus vacated and remanded for further proceedings. A worker cannot be penalized for questioning an employer's compliance with workers' compensation laws. The cases cited by the Employer are not applicable here. In Washington v. Anderson Wholesale, the claimant's injury was linked to intentional actions, supported by eyewitness testimony, which led to a denial of compensation. Similarly, in Thomas v. Sundowner, the claimant provoked a fight, and direct evidence supported the denial of their claim. In contrast, the current case lacks any eyewitness testimony to suggest that the injury was intentional. Although the claimant's statements raised suspicions of self-infliction, mere possibilities do not suffice for a workers' compensation court to conclude intentional injury. The court cannot base decisions on speculation and must assess witness credibility without inherent improbabilities in their testimonies. The Employer's argument regarding the claimant's credibility due to contradictory statements is unconvincing, as the court did not find any significant credibility issues, nor was the claimant's testimony inherently improbable. The claimant's statements regarding compensation insurance were not impeached by other evidence. Therefore, the workers' compensation court's decision lacks competent supporting evidence and is vacated, with a remand for further proceedings. The request for attorneys' fees by the Employer is denied.