Tag Archives: constitutionality

Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp Act

Yesterday (Oct. 3, 2017), in a divided decision, the Supreme Court of Oklahoma struck down Okla. Stat. tit. 85A, § 57 of the Administrative Workers’ Compensation Act (AWCA), which disqualifies an injured employee from continued benefits if he or she … Continue reading

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PA Legislative Bill Would Require Use of 6th Edition of AMA Guides

Yesterday (October 2, 2017), a cadre of 29 Pennsylvania legislators introduced a bill—House Bill 1840—that would require physicians to apply the methodology set forth in “the sixth edition” of the American Medical Association Guides to the Evaluation of Permanent Impairment … Continue reading

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Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute

In Young v. Station 27, Inc., 2017 OK 68, 2017 Okla. LEXIS 69 (Sept. 12, 2017), the Supreme Court of Oklahoma finessed the constitutionality of the state’s current retaliatory discharge statute, 85A O.S. § 7, holding that the trial court … Continue reading

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Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State

In a case of first impression, the 8th Circuit Court of Appeals affirmed a U.S. District Court decision that had dismissed a widow’s civil action seeking a declaration that N.D. Cent. Code § 65–05–05(2)(2013) was invalid and unenforceable under the … Continue reading

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The Year of Equal Justice and Due Process

High Courts in Several States Strike Down Legislative Challenges to the Heart of the Workers’ Compensation System As we put together last year’s edition of the Workers’ Compensation Emerging Issues Analysis series, I observed that 2016 would likely be a turbulent … Continue reading

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Has the Other Shoe Dropped? New Report Signals Feds Are Losing Patience with State Workers’ Compensation Programs

On October 5, 2016, the U.S. Department of Labor released a widely anticipated report on the adequacy of state-based workers’ compensation programs. While the 41-page report does not go as far as to call for a federalization of state workers’ … Continue reading

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Oklahoma Supreme Court Strikes Down State’s Opt Out Law

Earlier today (September 13, 2016), in Vasquez v. Dillard’s, Inc., 2016 OK 89, in a 7–2 decision, the Supreme Court of Oklahoma, in one of the most important workers’ compensation decisions in memory, held the core provision of the Oklahoma … Continue reading

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New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion

Decision Continues Long National Trend to Treat Farm Workers on Par With Other Employees A provision of the New Mexico Workers’ Compensation Act (Act) [N.M. Stat. Ann. § 52–1–6(A) (2015)] that excludes farm and ranch laborers from its protections, although … Continue reading

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Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law

The 2013 Oklahoma workers’ compensation “reforms” 2013 Senate Bill 1062 which, among other things, created the state’s uber-controversial “Opt Out” arrangement, in which employers can jettison the entire state-run system if they substitute their own “separate, but equal” employee benefit … Continue reading

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Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out?

As I reported on Wednesday, in Torres v. Seaboard Foods, LLC, the Supreme Court of Oklahoma struck down a provision in the state’s workers’ compensation law that disqualifies a claimant from recovering for a cumulative trauma (CT) injury unless the … Continue reading

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