Oklahoma man’s widow wins unusual workers’ compensation case appeal
By Randy Ellis, The Oklahoman, Oklahoma City | |
McClatchy-Tribune Information Services |
The
"Don't even know him," the fire chief said.
That didn't stop the
Topping, a 28-year-old
So what prompted the court to conclude the
A bizarre letter of recommendation is at the heart of the issue.
The fire chief and his wife told a workers' compensation court judge it all started several years ago when
O'Dell said he agreed to do it.
"
Although it sounded impressive, none of that was true, O'Dell told the court.
A couple years or so later, the O'Dells said they were surprised when they read in a newspaper article that Topping had died following live burn training exercises at the
They said they also were surprised to learn that Topping had listed the
Events quickly snowballed.
"We were bombarded with grief cards and everything," said
At the request of the fire department's insurance carrier, CompSource,
She testified they received a federal death benefit packet, which they gave to the deceased man's father, longtime
Why didn't the O'Dells stand up at the time and tell officials Topping wasn't a
"We were just trying to help the family," she said. "I figured it was probably trying to get some life insurance or something like that."
"We were receiving hundreds of consolation cards from fire departments everywhere, and how are you going to stand up and tell a mother that her son is not a firefighter that had just passed away? We was trying to help in every way we could."
The widow,
She testified she received a
The widow's workers' compensation claim initially was rejected by workers' compensation Judge
However, that decision was overturned by a three-judge panel consisting of Judges
Judges Quandt and Reid questioned whether the O'Dells' actions were fraudulent.
"I'm saying why go to this enormous elaborate scheme, which I would call fraud, to create these documents for a guy they've never met?" Quandt said. "Why shouldn't this panel refer the O'Dells to the workers' compensation fraud unit? Because this is outrageous to me. This isn't right."
In the end, the three-judge workers' compensation panel ruled the fire department was the employer and workers' compensation benefits should be paid. They based their decision on what the O'Dells had written down, as opposed to what they said in court.
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