The Norman Transcript

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December 11, 2013

State court hears challenge

OKLAHOMA CITY — Opponents of Oklahoma’s new workers’ compensation law urged the state Supreme Court Tuesday to find it unconstitutional, arguing that in certain circumstances it would allow employers in the state to treat injured workers differently than other workers.

But attorneys for the state and business groups that support the law urged the state’s highest court to uphold it. The law was a top priority for Republican leaders who say the state’s previous system was a detriment to business and industry in the state. GOP Gov. Mary Fallin signed it in May.

The law changes Oklahoma’s court-based system to an administrative one. Supporters said it will dramatically reduce workers’ compensation costs to businesses, but opponents said cost savings will come at the expense of injured workers.

The lawsuit was filed by Sen. Harry Coates, R-Seminole, Rep. Emily Virgin, D-Norman, the Professional Firefighters of Oklahoma and its president, Rick Beams. Their attorney, John McMurry, of Oklahoma City, attacked the statute on several grounds, including an “opt-out” provision that would permit employers to create their own benefits plan for injured workers.

“We find it the most troublesome part,” McMurry said. He said the provision is an unconstitutional special law because it would permit employers to treat their workers differently than those who remain in the state’s administrative system.

“There are significantly fewer rights for the injured employee,” McMurry said. “The employer can do pretty much what he or she wants to. The employee has no choice.”

The lawsuit also attacks other provisions of the law, including those that would allow the use of American Medical Association guides and Work Loss Data Institute Official Disability Guidelines in workers’ compensation cases, which McMurry said is an unconstitutional delegation of legislative powers. McMurry also says the law would unconstitutionally delay an injured worker’s access to the state’s courts to seek compensation.

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