Commission Rules that Workers’ Compensation Reform is Unconstitutional

Workers compensation lawyers have confirmed that in a recent ruling, the Workers Compensation Commission has ruled that parts of the reform law or workers compensation are in violation of the Oklahoma Constitution and will hence have to be withdrawn from being in effect, as reported by tulsaworld.com.

At the center of debate is a provision of the law passed in 2013 which allows employees to choose whether or not they want to remain within the scope of traditional workers compensation insurance in cases where they were offered a different plan with workers comp benefits. Workers’ compensation lawyers in OK are studying this situation.

SB 1062 comes under the scanner for being unconstitutional

From the spoken words of workers’ compensation attorneys, the law in question is SB 1062 that essentially slowly terminates the judicial system and instead replaces it with an administrative system to regulate workers compensation claims.

The Workers’ Compensation Commission made a statement to support their ruling and stated that the rule which allows workers to flip the switch away from traditional workers compensation if they already are subscribed or have the option to avail to another separate plan with benefits allows for a dual system which fails to treat injured workers equally and is hence unconstitutional.

The first time the constitutionality of the law was brought into question was back in 2014 when Jonnie Yvonne Vasquez made a claim after she was injured while at work in Dillard’s in Shawnee. When the case was investigated, it transpired that the portion of the law which was drafted with an objective to reduce costs and bring back injured workers to work in a timely manner instead ended up unconstitutionally depriving workers that were hurt in work accidents of equal protection. 

Initially, when it was introduced, the law was praised by their drafters as being a law which essentially made the state more business friendly because these states did not want to be like California and other anti-business states to see money and jobs take off to state that did not pass irrational laws that killed jobs for no concrete reason. Proponents of the law included Gov. Mary Fallin and other Republican legislative leaders.

The Workers Compensation Commission’s decision is still appealable to the Superior Court of Oklahoma say workers’ compensation lawyers but it is yet to be seen whether or not proponents of the law will actually appeal the decision or not.

According to opponents of the law and the Workers Compensation Commission, SB 1062 essentially allows for a system wherein the employer has full say on what constitutes an injury and the employer can also force the hand of the employee to accept a settlement which is, more often than not, underwhelming and in cases where the worker refuses to accept the settlement, all benefits are essentially terminated.

That does not sound too good. Oklahoma can do better than that and still attract jobs from Chicago and other broken cities.

Ex-California Highway Patrol officer fined for workers’ compensation fraud

Fox40.com reports that Daniel Clapp, a former California Highway Patrol officer, has been fined $151,972.01 for committing a workers compensation fraud. Apart from restitution, the fine also covers the cost of investigation.

Apparently, Clapp, for two years, lied to his doctor that he was unable to work due to his injuries and continued receiving workers’ compensation benefits.

Secure legal help with us

If you have been injured at the workplace and need assistance in receiving workers’ compensation benefits or have had your claim denied, it would be prudent to consult a workers’ compensation lawyer in your state as soon as possible.

This is not Cube. This is not Saudi Arabia. You have rights. If you are hurt on the job doing something you should have been doing as part of your job, you need to be made whole again. You deserve financial compensation. Go right here: Workers-Comp.USAttorneys. Your employer may not know about this site but now you do. Contact us! This site allows you to even the odds.