Attorney Brandon Joe Burton's Legal Cases

Workers compensation

Vasquez v. Dilliard's, Inc.

Sep 13, 2016

OUTCOME: The Oklahoma Supreme Court struck down the Opt Out Act on September 13, 2016 as an unsconstitutional special law.

Dilliard's opted out of the Oklahoma Workers Compensation Act when it became lawful to do so on February 1, 2014. Subsequently multiple injured workers were denied benefits that would have otherwise d ... ue under the Workers' Compensation Act. Employers were allowed to deny claims and if the employee sought an appeal the appeal was decided by Dillard's much like the fox watching the hen house.

Workers compensation

Hogg v. Oklahoma County Juvenile Bureau

Dec 11, 2012

OUTCOME: The case was denied at the trial level and we appealed to the Oklahoma Supreme Court where the decision was reversed and a rebuttable presumption was re-established.

A new statute passed in 2011 purported to deny all workers' compensation benefits if there existed any positive drug test. There existed no parameters concerning the timing of the testing or allowing ... rebuttal by an injured worker.

Workers compensation

Squirrel v. Bordertown Bingo

Aug 19, 2005

OUTCOME: The Court of Appeals held that jurisdiction did exist because of the estoppel act.

Question regarding whether the workers' compensation court had jurisdiction over a tribal employee who sustained an on-the-job injury.

Workers compensation

Jackson v. Cyclo LP Gas, Inc.

Aug 19, 2005

OUTCOME: The Court of Appeals held that the claimant timely filed his request to reopen his claim.

Statute of Limitations question regarding a request to reopen a claim.

Workers compensation

Davis v. Cherokee Nation Enterprises

May 25, 2004

OUTCOME: Court of Appeals held that sovereign immunity did not apply to the instant case and the workers' compensation court did have jurisdiction over the claim.

Question involving whether Cherokee tribe has sovereign immunity from claims filed in the workers' compensation court.

Workers compensation

In the Matter of the Death of Bryan

Jul 08, 2003

OUTCOME: The Supreme Court held that the surviving spouse was entitled to benefits even though not living with the decedent at the time of death and the natural children of the decedent were also entitled to benefits

Death case involving a surviving spouse who was not living with the decedent at the time of death.

Workers compensation

Ibarra v. Hitch Farms

May 21, 2002

OUTCOME: The Supreme Court held that the two year statute of limitations in effect at the time of this injury started as of the date payment was last made for medical treatment related to the injury

Question regarding when the statute of limitations begins to run.

Workers compensation

Multiple Injury Trust Fund v. Pullum

Dec 11, 2001

OUTCOME: The Supreme Court held that the accrual date was properly the last date temporary total disability was paid not the date the last injury was settled.

Question regarding accrual date of permanent total disability benefits.

Workers compensation

Thompson v. J.W. Buck Construction

Mar 13, 2001

OUTCOME: The Court of Appeals held that the claim was timely filed within the three year statute of limitations.

Case involving statute of limitations with respect to claims for payment of medical services.

Workers compensation

Central Plains Construction v. Hickson

May 26, 1998

OUTCOME: Court of Appeals held that claimant was covered by the workers' compensation act even though he was off duty and sleeping in the motel room at the time of the assault.

Case involving assault by a co-worker during a required motel stay.

Brandon Joe Burton's Legal Cases (10)

Vasquez v. Dilliard's, Inc.

Hogg v. Oklahoma County Juvenile Bureau

Squirrel v. Bordertown Bingo

Jackson v. Cyclo LP Gas, Inc.

Davis v. Cherokee Nation Enterprises

In the Matter of the Death of Bryan

Ibarra v. Hitch Farms

Multiple Injury Trust Fund v. Pullum

Thompson v. J.W. Buck Construction

Central Plains Construction v. Hickson