Tag Archives: opt out

Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On!

What if Employers Are Willing to Give Up Exclusive Remedy Defense? In his typically lucid and engaging style, Bob Wilson mused in his post this morning that the employer opt out movement in workers’ compensation law isn’t dead; it’s only … Continue reading

Posted in Issue commentary | Tagged , , , , , | Comments Off on Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On!

Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale

I should have noted this earlier, but anyone still holding his or her breath as to whether Arkansas might pass workers’ compensation opt out legislation during the Legislature’s 2017 session can now officially exhale. As I indicated here and here, … Continue reading

Posted in Issue commentary | Tagged , | Comments Off on Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale

Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill

As I indicated here in an earlier post (March 29, 2017), the Arkansas workers’ compensation “opt out” bill exists only as a shell, with literally no details contained in 2017 Senate Bill 653. As of today, that is still true. … Continue reading

Posted in Issue commentary | Tagged , , , | Comments Off on Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill

Arkansas Opt-Out Bill: The Devil’s in the Details

Only There Aren’t any Details—at Least Not Yet Lately, I’ve seen a number of news items indicating that the Arkansas Legislature is considering an opt-out arrangement for its workers’ compensation system. The implication is that Senate Bill 653, introduced March … Continue reading

Posted in Issue commentary | Tagged , , , | Comments Off on Arkansas Opt-Out Bill: The Devil’s in the Details

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

Posted in Issue commentary | Tagged , , , , , , | 1 Comment

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

Posted in Case comment, Issue commentary | Tagged , , , | 2 Comments

Oklahoma Legislature Can’t Agree on Opt Out Fix

The Oklahoma legislature adjourned last Friday (May 27, 2016), without resolving a bill that would have amended several troublesome provisions of the state’s controversial Employee Injury Benefit Act (“opt out” law). Some in the legislature felt the amendments were necessary … Continue reading

Posted in Issue commentary | Tagged , , , | Comments Off on Oklahoma Legislature Can’t Agree on Opt Out Fix

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

Posted in Case comment | Tagged , , | Comments Off on Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law

Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans

A bill [S. 2506] introduced on February 4, 2016, by Senator Patrick Leahy (D-VT), would, if passed into law, appear to invalidate a core provision found in most Texas workers’ compensation “employee benefit plans.” The Leahy bill, known as “Restoring … Continue reading

Posted in Issue commentary | Tagged , , , , , | Comments Off on Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans

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

Posted in Issue commentary | Tagged , , , , , , , , | Comments Off on Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out?