hearing claim (Oklahoma) · Go Syfert
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hearing claim in Oklahoma

11 Oklahoma opinions name it 3 courts 1928–2016 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Cowan v. Watsongreen
okla · 1931 · cited in 2 Oklahoma opinions naming this issue, 1935–1936
2 sentences

1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v

1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v

12
Miller v. Millergreen
okla · 1998 · cited in 1 Oklahoma opinions naming this issue, 2016–2016
2 sentences

2016Under principles of res judicata, or claim preclusion, "a final judgment on the merits of an action precludes the parties from relitigating not only the adjudicated claim, but also any theories or issues that were actually decided , or could have been decided, in that action." Miller v. Miller , 1998 OK 24, ¶ 23 , 956 P.2d 887, 896 (emphasis added).

2016Under principles of res judicata, or claim preclusion, "a final judgment on the merits of an action precludes the parties from relitigating not only the adjudicated claim, but also any theories or issues that were actually decided , or could have been decided, in that action." Miller v. Miller , 1998 OK 24, ¶ 23 , 956 P.2d 887, 896 (emphasis added).

11
Hillcrest Medical Center v. Monroygreen
oklacivapp · 2001 · cited in 1 Oklahoma opinions naming this issue, 2009–2009
2 sentences

2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 .

2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 .

11
O'Dell v. Nelson & Myersgreen
okla · 1938 · cited in 1 Oklahoma opinions naming this issue, 2009–2009
2 sentences

2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 .

2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 .

11
Cole v. Silverado Foods, Inc.green
okla · 2003 · cited in 1 Oklahoma opinions naming this issue, 2008–2008
2 sentences

2008Cole v. Silverado Foods, Inc., 2003 OK 81, ¶ 9, n. 22 , 78 P.3d 542, 547, n. 23 . ¶ 25 Section 43(B) does not clearly express what event or events the Legislature intended would start the time period for requesting a hearing on a claim against the Fund.

2008Cole v. Silverado Foods, Inc., 2003 OK 81, ¶ 9, n. 22 , 78 P.3d 542, 547, n. 23 . ¶ 25 Section 43(B) does not clearly express what event or events the Legislature intended would start the time period for requesting a hearing on a claim against the Fund.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Sterling Milk Products Co. v. Underwood green
okla · 1934
2 sentences

1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v

1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v

21935–1936
Special Indemnity Fund v. Carlile green
oklacivapp · 1997
2 sentences

2008The Fund and the claimant submitted medical reports on the issue of material increase in disability and the Fund stipulated that claimant sustained 28% permanent disability to the body as a whole due to the previous impairment to the back and right hand. ¶ 8 On July 15, 2005, the WCC dismissed the claim against the Fund for want of prosecution, concluding that claimant failed to request a hearing on his claim against the Fund within five years of the date of the last payment of compensation as required by § 43(B) and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 .

2008The Fund and the claimant submitted medical reports on the issue of material increase in disability and the Fund stipulated that claimant sustained 28% permanent disability to the body as a whole due to the previous impairment to the back and right hand. ¶ 8 On July 15, 2005, the WCC dismissed the claim against the Fund for want of prosecution, concluding that claimant failed to request a hearing on his claim against the Fund within five years of the date of the last payment of compensation as required by § 43(B) and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 .

12008–2008
Reynolds v. Special Indemnity Fund green
okla · 1986
2 sentences

2008Claimant argued that he had no time restrictions on filing a Form 3-f to commence a claim against the Fund under Rule 13A and that he had five years after commencing the claim to request a hearing thereon under Reynolds v. Special Indemnity Fund, 1986 OK 64 , 725 P.2d 1265 , and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 .

2008Claimant argued that he had no time restrictions on filing a Form 3-f to commence a claim against the Fund under Rule 13A and that he had five years after commencing the claim to request a hearing thereon under Reynolds v. Special Indemnity Fund, 1986 OK 64 , 725 P.2d 1265 , and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 .

12008–2008
Mayes v. State green
oklacrimapp · 1994
2 sentences

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate.

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate.

12003–2003
Brookings v. Singletary green
scotus · 1995
2 sentences

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert, denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature’s actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court’s previous rulings insofar as they mandate a blanket prohibition against the jury’s considering parole in deciding which sentence is appropriate.

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate.

12003–2003
Jackson v. Rochester Housing Authority green
scotus · 1995
2 sentences

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert, denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature’s actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court’s previous rulings insofar as they mandate a blanket prohibition against the jury’s considering parole in deciding which sentence is appropriate.

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate.

12003–2003
Chambers v. Illinois green
scotus · 1995
2 sentences

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert, denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature’s actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court’s previous rulings insofar as they mandate a blanket prohibition against the jury’s considering parole in deciding which sentence is appropriate.

2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate.

12003–2003
Munsingwear, Inc. v. Tullis green
okla · 1976
1 sentence

1989Under the awareness doctrine relating to cumulative effect injuries, such as hearing loss, the Supreme Court, in Munsingwear, Inc. v. Tullis, 557 P.2d 899 (Okl.1976), held: the statute of limitations does not begin to run until the claimant is aware of the injury and is aware of the causal connection between the injury and the employment.

11989–1989
Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of Labor green
scotus · 1941
2 sentences

1987In Opp Cotton Mills v. Administrator, 312 U.S. 126, 152-153 , 61 S.Ct. 524, 536 , 85 L.Ed. 624 (1941) it was said: “The demands of due process do not require a hearing at the initial stage or at any particular point or at more than one point in an administrative proceeding so long as the requisite hearing is held before the final order becomes effective.” A preliminary agency decision which does not cause irreparable harm need not be preceded by a hearing where a hearing is held before the final administrative order becomes effective.

1987In Opp Cotton Mills v. Administrator, 312 U.S. 126, 152-153 , 61 S.Ct. 524, 536 , 85 L.Ed. 624 (1941) it was said: “The demands of due process do not require a hearing at the initial stage or at any particular point or at more than one point in an administrative proceeding so long as the requisite hearing is held before the final order becomes effective.” A preliminary agency decision which does not cause irreparable harm need not be preceded by a hearing where a hearing is held before the final administrative order becomes effective.

11987–1987
Patlex Corporation v. Gerald J. Mossinghoff green
cafc · 1985
1 sentence

1987Patlex Corp. v. Mossinghoff, 771 F.2d 480 (Fed.Cir.1985).

11987–1987
Read v. Lloyds America green
okla · 1937
1 sentence

1961We are of the opinion that our holding in the case of Magnolia Petroleum Co. v. Mitchell, 181 Okl. 48 , 72 P.2d 502 , is applicable to the instant case.

11961–1961
Magnolia Petroleum Co. v. Mitchell neutral
okla · 1937
1 sentence

1961We are of the opinion that our holding in the case of Magnolia Petroleum Co. v. Mitchell, 181 Okl. 48 , 72 P.2d 502 , is applicable to the instant case.

11961–1961
Robinson v. State Industrial Commission neutral
okla · 1936
2 sentences

1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C.

1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C.

11938–1938
Denver Producing & Refining Co. v. Phillips green
okla · 1933
2 sentences

1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C.

1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C.

11938–1938
Hannah v. Oklahoma State Highway Commission green
okla · 1935
2 sentences

1935See, also, Cowan et al. v. Watson et al., 148 Okla. 14 , 296 P. 974 ; Hannah v. Oklahoma State Highway Commission, 172 Okla. 221 , 45 P. (2d) 53 ; Sterling Milk Products Co. v. Underwood, 167 Okla. 361 , 29 P. (2d) 937 .

1935See, also, Cowan et al. v. Watson et al., 148 Okla. 14 , 296 P. 974 ; Hannah v. Oklahoma State Highway Commission, 172 Okla. 221 , 45 P. (2d) 53 ; Sterling Milk Products Co. v. Underwood, 167 Okla. 361 , 29 P. (2d) 937 .

11935–1935
Selders v. Boyle neutral
kanctapp · 1897
1 sentence

1928A. 451, 49 Pac. 320 ).

11928–1928

Where else courts name it

LA 310 (1918–2025) NY 254 (1890–2026) OH 130 (1960–2026) TX 129 (1932–2026) PA 125 (1870–2026) CA 101 (1954–2026) IL 89 (1942–2026) FL 79 (1955–2025) GA 42 (1910–2024) MI 40 (1929–2025) MO 39 (1927–2025) IN 38 (1965–2025) AL 33 (1912–2018) WI 33 (1890–2025) CO 31 (1891–2026) MA 26 (1984–2026) MD 24 (1951–2024) CT 24 (1977–2025) NJ 23 (1958–2024) AZ 22 (1973–2025) WA 20 (1981–2025) OR 20 (1977–2026) DC 18 (1970–2023) NC 17 (1966–2023) MS 17 (1990–2021) NM 17 (1967–2022) IA 16 (1931–2023) MN 14 (1986–2024) KS 14 (1940–2024) MT 13 (1977–2026) UT 13 (1924–2026) TN 12 (1943–2026) OK 11 (1928–2016) RI 11 (1972–2025) AR 11 (1956–2021) WV 10 (1895–2026) NV 9 (1999–2020) ND 9 (1952–2025) VA 9 (1980–2025) KY 9 (1933–2020) ID 9 (1973–2022) HI 9 (1995–2025) DE 8 (1954–2025) SC 7 (1931–2026) AK 6 (1984–2020) NE 6 (1906–2021) WY 5 (1955–2007) NH 4 (1974–1989) ME 4 (2007–2012) VT 4 (1979–2014) VI 3 (2012–2016) SD 2 (1990–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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