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Showing posts with label Oklahoma. Show all posts
Showing posts with label Oklahoma. Show all posts

Sunday, December 22, 2013

Having a Servant Is Not a Right

AT the heart of the fracas surrounding the arrest of an Indian diplomat in New York who promised to pay her housekeeper $9.75 per hour, in compliance with United States labor rules, but instead paid her $3.31 per hour, is India’s dirty secret: One segment of the Indian population routinely exploits another, and the country’s labor laws allow gross mistreatment of domestic workers.
India is furious that the diplomat, Devyani Khobragade, was strip-searched and kept in a cell in New York with criminals. Retaliation from the newly assertive but otherwise bureaucracy-ridden nation was swift. American diplomats were stripped of identity cards granting them diplomatic benefits, and security barriers surrounding the American Embassy in New Delhi were hauled away. A former finance minister suggested that India respond by arresting same-sex partners of American diplomats, since the Indian Supreme Court recently upheld a section of a Colonial-era law that criminalizes homosexuality.
Notwithstanding legitimate Indian concerns about whether American marshals used correct protocol in the way they treated a diplomat, the truth is that India is party to an exploitative system that needs to be scrutinized.
I grew up in a middle-class household in India in the ’80s; my parents were schoolteachers, and our lifestyle was not lavish by any means. I received new clothes once a year; I don’t recall ever going to a restaurant; our family couldn’t afford a car, so we...
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Tuesday, December 17, 2013

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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Wednesday, December 11, 2013

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.
Photo - 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)
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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Friday, November 15, 2013

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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Wednesday, October 30, 2013

Toyota settles acceleration lawsuit after $3-million verdict

Today's post was shared by FairWarning and comes from www.latimes.com


Toyota Motor Corp.'s first loss in a sudden acceleration case, in an Oklahoma courtroom this week, could embolden attorneys nationwide who are looking to bring hundreds of similar cases.
Worse for the Japanese automaker, the verdict centered on the company's electronics, which have been a focus for plaintiffs seeking to prove safety defects in the company's cars.
Toyota on Friday confirmed that it had reached a confidential settlement in the lawsuit, which involved the fatal 2007 crash of a Camry. The settlement came hours after a jury assessed $3 million in compensatory damages but before the panel could levy a punitive award.
The verdict could provide a road map for attorneys seeking to hold the automaker liable for injuries and deaths.
Toyota has denied any safety defects in its cars, arguing that many incidents of unintended acceleration stemmed from drivers who stepped on the gas instead of the brake. But plaintiffs in the Oklahoma case successfully argued that Toyota's electronic throttle system was flawed, causing the car to speed out of control.
The 2005 Camry crashed into an embankment, severely injuring the driver, 76-year-old Jean Bookout, and killing her passenger, Barbara Schwarz.
By striking a quick settlement, the company likely sought to avoid bad publicity and damage to its reputation, said Jill Wieber Lens, a product liability expert at Baylor University Law School in Waco, Texas.
The Oklahoma defeat could increase pressure on the automaker to come up...
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Thursday, October 24, 2013

“Lamestream Media” Enables Right-Wing Talking Points About Social Security Disability

Today's post comes from guest author Jay Causey, from Causey Law Firm.
By Jay Causey from Causey Law Firm
- - Screen Shot from Fair.org
     Just in time for a scheduled meeting of the Senate Committee on Governmental Affairs to discuss the status of the Social Security Disability program (SSDI) on October 7th, on Sunday, October 6, CBS’ popular “news” show, 60 Minutes, aired "Disability USA" - a sensationalized program full of misleading and largely anecdotal information designed to convince viewers the program is riddled with fraud and on the brink of collapse.  If you watched this program, and it is your sole source of information about Social Security Disability, you know essentially nothing about the actual operation of the program.  You heard not a single word from disability recipients, their advocates, or from officials who administer the program, none of whom were invited to participate in the 60 Minutes piece.
...the 60 Minutes segment focused on some fraud in the program in one impoverished area of the country in order to paint disability recipients generally as the undeserving poor, slackers and frauds.
     First, listening to the program you might not have understood that the average monthly benefit of about $1100 is not tax-payer money but earned credits for money paid into the system by the disabled worker.  Then, in terms of the “shocking” growth of the disability rolls you heard CBS’s Steve Kroft and Senator Tom Coburn, R-Oklahoma natter on about, you didn’t hear that the statistical growth of the program is a direct function of the increase in population over the past 30 years, the aging of the baby-boomer population into their higher disability years, the entry of women into the work force in greater numbers, and similar demographic factors.  Finally, you likely came away from the program thinking that qualifying for SSDI is a cakewalk, when the actual standards for disability result in denial of two-thirds of all applications, only 10% of those denials being reversed on appeal, and an overall figure of about 41% of applicants ultimately qualifying.
     Completely ignored in this puff-piece for the right wing (Coburn is the lead Republican on the Senate Subcommittee for Investigations and has a long-standing, well-documented hostility to Social Security) is the shifting of responsibility for disability from workers’ compensation systems, where it properly belongs, to the Social Security Disability program because of the rollbacks in coverage and benefits in states’ workers’ comp programs across the country, all driven by right-wing and corporate interests.  So, while SSDI faces potential exhaustion of its funds in the next few years (although this can be – and in the past has been – remedied by shifting funds from the Social Security old-age program), the liability insurance industry, which includes workers’ compensation carriers, is enjoying record profits over the last two years.
     Similarly unmentioned was the impact of the worst economy in decades, shrinking the ability of disabled workers to find less physically challenging work.
     As is typically the case with these types of “news” pieces, the 60 Minutes segment focused on some fraud in the program in one impoverished area of the country in order to paint disability recipients generally as the undeserving poor, slackers and frauds. CBS could have moderated the potential negative impact of its program by including interviews of SSA program officials or of spokespersons from some two dozen national disability advocacy organizations who asked to be heard on this show.  It shamefully chose to ignore all such requests, and has diminished itself accordingly as a news organization.

Sunday, October 6, 2013

Oklahoma Chamber of Commerce Seeks to Intervene in Opt-Out Case

In Oklahoma it is now off to the Courts to determine if the Workers' Compensation legislation is really Constitutional. The radical program eliminates the the century old promise between Labor and Industry by transferring the benefit program out of the administrative/judicial adversary system for an employer based insurance scheme. This post is shared from the Oklahoma Chamber of Commerce.
State Chamber President & CEO Fred Morgan comments on the joint chamber Motion to Intervene filed to protect Senate Bill 1062:

“The reforms and restructuring of Oklahoma’s workers’ compensation system that were passed this past legislative session need to be defended,” said Fred Morgan, president and CEO of the State Chamber of Oklahoma. “For the past twenty years, workers’ compensation reform has been the number one economic development issue for Oklahoma. The change to an administrative system, and bringing our benefits back into line with surrounding states, has already seen positive results.”

“We are pleased to join with the Attorney General’s office, Oklahoma City and Tulsa chambers in our fervent defense of these long-needed reforms. Oklahoma businesses need the recently passed reforms to be upheld so we can focus on creating strong, well-paying jobs and developing our growing economy.”

Mike Neal, president and CEO of the Tulsa Regional Chamber also commented on the motion.

“Along with our regional partners, through the OneVoice agenda, we have advocated for appropriate changes to the state's workers' compensation system for many years," said Neal. "We are hopeful the legal challenges can be addressed swiftly so businesses can begin seeing decreased costs and our state will finally realize competitive advantage with a system that works for both employers and employees.”

The Motion to Intervene was filed on behalf of the State Chamber of Oklahoma, Tulsa Regional Chamber, and the Greater Oklahoma City Chamber.

Monday, September 30, 2013

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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Friday, September 20, 2013

Medical Transparency: Resistance is Futile

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com


John Green, one of the vlogbrothers, posted a video blog on YouTube that so far has racked up over 2 million views, entitled "Why Are American Health Care Costs So High?"

The bottom line take-away from this manic, though entertaining (and I assume accurate) review of the United States health care system is the reason why costs are so much higher in the US compared to the rest of the world is ...

Because they can...

John argues that there is no central pricing control like other countries, that consumers will pay whatever they are charged because, basically, they don't know any better, and there is no transparency in health care pricing.

Maybe that's true. I don't know, I'm no expert on health care costs, or health care for that matter - hell, I'm no expert on anything.

But it does make sense that health care pricing should be a factor in most medical care decision situations where there is time to make an informed judgment about a procedure - which is most of the time.

Some medical businesses are starting to advertise their prices and it's causing some debate in medical circles.

The Surgery Center of Oklahoma, owned by its roughly 40 surgeons and anesthesiologists, drew national interest and sparked a bidding war as several other medical facilities in Oklahoma posted their prices according to media reports.

Pricing transparency is gaining momentum.

North Carolina passed a law requiring hospitals to provide prices on 140 common medical procedures and services.
In May, the federal...
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Thursday, September 19, 2013

Oklahoma Work Comp Opt-Out System Under Legal Attack

The recently enacted, and high innovated cost-savings opt-out program in Oklahoma workers' compensation has come under direct legal attack as being unconstitutional.

On Tuesday, Sen. Harry Coates (R-Seminole) joined Rep. Emily Virgin (D-Norman) and the Professional Firefighters of Oklahoma in filing a challenge against the constitutionality of Senate Bill 1062, the workers’ compensation reform bill passed by the legislature and signed by Gov. Fallin during the 2013 legislative session.

“As a longtime businessman, I recognize that it’s necessary to have workers’ compensation rates as low as possible. In fact, I believe we need a workers’ compensation administrative system, just not the unconstitutional and unworkable system created by Senate Bill 1062.

It’s wrong that a fire fighter or any other injured worker should have to pay back benefits after returning to work. This is just one of many problems with this new law.

Instead, I’d support a bill that would give Oklahoma an administrative system like that in Missouri, which is working very well only a few years after being approved by that legislature. Back in 2005 when Missouri went to an administrative system, The Oklahoman advised the Oklahoma legislature to adopt the Missouri workers’ compensation system. That was good advice!

In 2012, the often-quoted Oregon Study showed that while Oklahoma had the sixth highest workers’ compensation rates in the nation, Missouri had one of the lowest rankings at number 36. Oklahoma was 47 percent ABOVE the national median and Missouri was 14 percent BELOW the study median.
Oklahoma needs to pass the Missouri law with no amendments and no changes. Missouri and Oklahoma have similar constitutional provisions regarding injuries, and the Missouri law has already survived constitutional tests. There is no doubt that their administrative system could work in Oklahoma and reduce rates for businesses, small and large.

I appreciate Rep. Emily Virgin and the Professional Firefighters of Oklahoma for joining me in this effort.”

Sunday, August 25, 2013

OK's True Cost Control Feature

Counsel fees are a critical element to workers' compensation claims. David DePaolo's recent blog post highlights how counsel fees motivate some claim strategies in Oklahoma where a 30% fee prevails. Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com


Most of the attention Oklahoma's reform is getting in the work comp world is about opt-out.
But another minor provision of that law may be something more meaningful for traditional work comp systems to keep an eye on.

Oklahoma for some time has had a "value added" provision on its books for attorney fees.
In short, claimant attorneys fees are capped at 30%, but in the past that cap was available only if the employer admitted the claim, provided medical coverage and made a written settlement offer.
Under Senate Bill 1062 all that is required now is that the employer make a written settlement offer, then the claimant attorney fee is capped at 30% of the difference between what the settlement offer is, and what the award actually ends up being.

For instance, if an employer offers an injured worker a settlement of $10,000, the worker hires an attorney and obtains a $15,000 settlement, the claimant's attorney would only be entitled to attorney fees of up to 30% on the $5,000 difference between the two awards.

Because the law in the past required admitting liability and providing medical services, many employers deferred making settlement offers, thus prolonging case adjudication, ergo expense.
Since employers would have to admit the claim in order to invoke the cap on attorney fees, claimants' attorneys began adding additional body parts to increase the value of the case and make it more difficult for employers to admit the claim - employers were loath to admit to body parts that they...
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Monday, May 13, 2013

The Attack on the Citadel: A Potential National Loss

Workers’ Compensation is conceptually changing, and its extinction is becoming more apparent rather than its transformation. Over the past decades, the “grand bargain” of Workers’ Compensation had evolved to ease the American industrial/manufacturing revolution forward, without burden from the economic complexities and ramifications of the Civil Justice System. 

The Promise” made in 1911, with the adoption of the compensation system, is now past history. The demands of the globalized marketplace have eroded the fortress of workers’ compensation that protected the rights, safety and lives of American workers.

Dynamic developments, occurring at an ever increasing pace, have altered the landscape and accelerated a devastating attack on the citadel of workers’ compensation. The root of the cause is economic.

Tuesday, May 7, 2013

Oklahoma Opt-Out Workers' Compensation Law Enacted


Governor Mary Fallin today signed into law Senate Bill 1062, a bill that reforms the workers’ compensation system in Oklahoma by removing it from the judicial system and making it an administrative process. The bill, by Senate President Pro Tem Brian Bingman and House Speaker T.W. Shannon, seeks to reduce costs for businesses by providing for an opt-out of the program.

It moves the state from a court-based workers’ compensation system to an administrative system, allowing for more timely processing of claims and reducing the adversarial nature of the process for both workers and employers. 

“For decades, Oklahoma has had one of the most expensive and inefficient workers’ compensation systems in the country, a constant obstacle for business owners looking to expand operations or create more jobs,” Fallin said.  “Senate Bill 1062 completely overhauls our flawed workers’ comp system, dramatically reducing the costs to businesses and freeing up private-sector resources that can be invested in jobs rather than lawsuits. Additionally, our reforms ensure injured workers are treated fairly and given the medical care needed to return to work.  This is an important pro-growth policy that will help us attract jobs and build a stronger and more prosperous Oklahoma.  My thanks go out to Pro Tem Bingman, Speaker Shannon and the entire Legislature forsending this bill to my desk.”

Tuesday, February 8, 2011

Proposal to Eliminate Participation of Lawyers

A proposal has been made by the Commission of Labor in Oklahoma, Mark Costello, to eliminate the participation of lawyers at the hearing level in workers' compensation matters. The reform has been suggested to save money and put more money on the hands of the injured workers.


Costello, a local businessman, was elected last November on the Republican ticket. He founded American Computer & Telephone (AMCAT) that he sold in 1991.


McCullough’s 279-page measure, House Bill 1224, would create a workers’ compensation commission with three members: a physician, an attorney and an industry professional. Administrative law judges would preside over claims hearings.