Case: Darco Transportation and State Insurance Fund. Elmer O. Dulen Vs. the Workers’ Compensation Court (Supreme Court of Oklahoma 1996)
Outcome of the appeal: Dulen and Freeman were working for Darco when they got an accident. Freeman, who wa Dulen’s girlfriend, died at the accident scene while Dulen sustained serious injuries. Dulen’s claims, as well as evidence from the expert analysis, provided substantial evidence that the two were having sex at the time when the accident occurred. The Workers Compensation tribunal judge awarded Dulen workers compensation benefits by ruling to his favor. The judge based his dissent on the fact that Dulen’s injuries occurred in the course of his employment duties, and the primary cause of the accident was as a result of a railroad crossing arms malfunctioning. At the trial tribunal, however, such benefits were denied, and Dulen was only awarded temporary disability payments. The employer further appealed the Trial court decision in the court of appeal of Oklahoma, where the judgment was still sustained. Later the employer appealed in the Supreme court. The Supreme court ruled in favor of Darco.
Issue: Did the trial court commit reversible error in awarding the claimant disability benefits for the injuries arising out of the accident during which the claimant was possibly engaging in sexual intercourse (non-work-related activity) with his girlfriend while in the course of his employment duties of driving semi tractor-trailer rig? (Supreme court’s answer: Yes)
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