Oklahoma Supreme Court Rejects Challenge To Worker's Comp Law - Opt-Out is The Law

The Oklahoma Opt-Out Law for workers' compensation has been upheld by the Oklahoma Supreme Court. The Industry biased system will take the place of the traditional system in Oklahoma in February 2014. Today's post is shared from newson6.com  . The Oklahoma Supreme Court has rejected a constitutional challenge to the state's new workers' compensation law. The court handed down the ruling Monday, just one week after justices heard oral arguments in a lawsuit challenging the law. The court rejected allegations the law contains multiple subjects in violation of the Constitution's single-subject rule that legislation address just one subject. The ruling says all sections of the new law are inter-related and refer to the single subject of workers' compensation or the way employees may ensure protection against work-related injuries. The legislation was signed into law by Republican Gov. Mary Fallin in May. It was challenged in the lawsuit by state Sen. Harry Coates, state Rep. Emily Virgin -- both Democrats -- and the Professional Firefighters of Oklahoma.

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Oklahoma workers' compensation opt-out provisions spark judicial questions

The new law enacted by the Oklahoma Legislature would convert the state from a judicial workers' compensation system to an administrative one. Oklahoma Gov. Mary Fallin talks with  reporters in Oklahoma City, Wednesday, July 17, 2013, following  a speech to the National Lieutenant Governors Association annual meeting.  (AP Photo/Sue Ogrocki) It would allow employers to opt out of the system as long as they provide coverage for the same injuries as the state-operated administrative system and provide benefits to injured workers that are at least as generous. Law a high priority The law was a high priority of Gov. Mary Fallin and Republican legislative leaders, who have said it will help businesses by reducing workers' compensation costs. Opponents claim cost savings will come at the expense of injured workers. Oklahoma City attorney John McMurry, who is challenging the law on behalf of two state lawmakers and the Professional Fire Fighters of Oklahoma, argued that not all Oklahoma employers and employees would be treated equally under the law. Employees of companies that opt out of the system would have “fewer rights” than employees of companies that participate in the administrative system, McMurry argued. An employee of an opt-out company who is dissatisfied with the way the employer has handled a claim would first have to appeal to a panel of three persons appointed by the employer, McMurry said. Eventually, the employee would be able to appeal a series...

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Attorneys argue over Okla. workers' comp lawsuit

Oklahoma's new workers' compensation law violates the state Constitution in several ways and should be struck down, an attorney for two state lawmakers and a firefighter's organization told a state Supreme Court referee Thursday. "There are some very, very disturbing aspects," Oklahoma City attorney John McMurry said during oral arguments before referee Greg Albert. "There is a lot before the court in this particular case." Among other things, McMurry said the law unconstitutionally delegates legislative powers and amounts to unconstitutional logrolling, or combining multiple subjects into one bill. But Oklahoma Solicitor General Patrick Wyrick and an attorney for business groups defended the law, saying it should be given a chance to work. "The common theme is apparent here. ... How are we going to handle workers' compensation cases?" said attorney Robert McCampbell, who represents The State Chamber, the Greater Oklahoma City Chamber of Commerce and the Tulsa Regional Chamber of Commerce. Albert said he planned to condense the attorney's arguments into a report he will present to the state's highest court next week. He said the court could decide whether to take up the case before the end of the month. Legislation to overhaul the state's workers' compensation system was signed into law by Republican Gov. Mary Fallin in May. It was a top priority for Republican leaders who say the state's previous system was a detriment to business and industry in the...

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Oklahoma: Gov. Fallin's picks for workers comp commission lack experience

Today's post is shared from Tulsworld.com

Gov. Mary Fallin's first two appointments to the state's new workers compensation system have no experience in workers compensation law. And that's OK, says Fallin spokesman Alex Weintz. "As a manager and a business leader, Troy Wilson is acutely aware of how workers compensation affects businesses," said Weintz. "As the former director of the Department of Commerce, Jonna Kirschner knows what an obstacle workers comp costs can be to businesses looking to locate here." Wilson, named by Fallin to be the first chairman of the new Workers Compensation Commission, and Kirschner, who is expected to be one of the commission's first administrative law judges, get high marks all around for integrity and general ability. But the enabling legislation creating the new system specifies that commissioners "must have been involved in the workers compensation field for at least three years." Judges, the law says, "shall have not less than three years of workers compensation experience prior to appointment." Wilson is a retired banker, businessman and Xerox executive who was retired comfortably in Florida at the time of his appointment. Kirschner is an attorney who specialized in corporate law before joining the Commerce Department. She is also the daughter of state Supreme Court Justice Yvonne Kauger, which could complicate the court's consideration of a lawsuit challenging the new system's constitutionality. Weintz said questioning Wilson's...

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