The Oklahoma Supreme Court has released its long-awaited decision regarding interpretation of the want of prosecution defense in Butzbach v. OBI Holding Co..
MVP and other Respondents throughout the state have been pushing for dismissals for want of prosecution in stale workers’ compensation claims. However, precedent from the Court of Civil Appeals (White v. 918) misinterpreted the statute and was preventing same. Therefore, shareholder Patrick Parr, and associate Loren Poss decided to pursue an appeal, which the Oklahoma Supreme Court retained for ultimate decision. Finally, after one year, the Court distinguished White, holding claimants must continue to actively pursue workers’ compensation claims for any period of six (6) months after initial filings in order to comply with the statute and prevent dismissal. This decision tracks what MVP and Respondents have been arguing for years and will have a huge impact on claims going forward.
For questions on how this may impact pending or future matters in Oklahoma, please reach out to Patrick Parr or Loren Poss.
