The U.S. 10th Circuit Court of Appeals in Denver has reversed an Oklahoma City federal court ruling in a workers’ comp case filed against Penske Truck Leasing Company and Penske Logistics.
The case involved Perry Odom, a Penske Logistics employee who suffered life-threatening injuries when a trailer collapsed on him in July 2015. He pursued relief from the Oklahoma Workers’ Compensation Commission then sued Penske Truck Leasing Company, claiming it had negligently inspected, tested, repaired, serviced and maintained the trailer.
Penske Truck Leasing also owned Odom’s employer, Penske Logistics as a corporate subsidiary. Penske Truck Leasing moved to dismiss, arguing the exclusive-remedy provision of Oklahoma’s workers’ compensation law barred civil suits against it based on workplace injuries suffered by Penske Logistics employees.
An Oklahoma City federal judge agreed and dismissed the suit. But the federal court of appeals overturned the decision stating it was in light of the Oklahoma Supreme Court’s interpretation of Oklahoma law. The appeals court sent the case back to Oklahoma City U.S. District Court.