Missed appointment provision of Oklahoma comp statute ruled unconstitutional



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Joyce Famakinwa

The Oklahoma Supreme Court ruled Tuesday that denying workers compensation benefits to an injured worker because of missed medical appointments is unconstitutional.

In 2014, Brandon Gibby injured his wrist and knee when he fell from a pallet jack while working for Oklahoma City-based Hobby Lobby Stores Inc. Mr. Gibby reported the injury and attempted to return to work but was unable to. Hobby Lobby admitted Mr. Gibby suffered a workplace injury and sent him for examination the day after the injury, according to court documents.

Mr. Gibby received medication and treatment for his wrist and returned to work a few months later. During this time, he continued to receive treatment for his injuries and underwent physical therapy for several weeks. Mr. Gibby received temporary total disability benefits from Feb. 21, 2014, through April 29, 2014, according to court records.