Oklahoma Opt Out Declared Unconstitutional
Bob Wilson, BA, WRP, WRPA
![Bob Wilson, BA, WRP, WRPA]()
Bob Wilson, BA, WRP, WRPA
President & CEO, Award Winning Blogger, Keynote Presenter, Board Member Kids' Chance of America
I have just learned that the Oklahoma Workers' Compensation Commission, in the case of Jonnie Vasquez v. Dillard's Department Stores, today found Sections 203 and 209 of the Oklahoma Employee Injury Benefit Act unconstitutional on the following grounds:
(1) Is in an unconstitutional special law that treats Oklahoma workers differently;
(2) It is an unconstitutional law that denies due process and equal protection of the laws for all Oklahoma injured workers;
(3) The sections of the Opt Out law deny access to justice as guaranteed by the Oklahoma Constitution.
The written decision has just been issued. I'll have more on this Monday.
Thanks to Bob Burke for the early heads up!
Member, Evans & Dixon L.L.C. Defends Illinois Workers' Compensation cases
9 年Bob, Thanks for the correction.
Executive Director
9 年Great timing for the upcoming WCRI conference. Should be an interesting debate.
International speaker & author on the intersection of chronic pain and appropriate treatment | Consultant
9 年Thanks for the heads-up, Bob Wilson. I assume this will be appealed - would love to know what you think will be the next step. Opt out proponents aren't exactly on a winning streak.
Member, Evans & Dixon L.L.C. Defends Illinois Workers' Compensation cases
9 年What I saw in a blast from Workers' Compensation.com, thanks Bob, is that this is a decision of the Oklahoma Workers' Compensation Commission. My recollection from Administrative Law class is that, regardless of the merits of the case, an administrative agency cannot declare any Act unconstitutional. They have to follow the statute and court decisions. I am sure that this will be appealed to a competent jurisdiction but my initial impression is that the Commission has exceeded its authority.