Today’s issue of WorkCompRecap features the recent ruling by the Oklahoma Supreme Court in the case of Vasquez v. Dillards, which found the state’s workers’ compensation opt-out law to be unconstitutional.
The court struck down the Oklahoma Employee Injury Benefit Act on the reasoning that it created a separate and distinct class of employees for disparate treatment, a violation of the special law provision under the state’s constitution. Industry organizations like the AIA applauded the move, noting that the Employee Injury Benefit Act “unavoidably fails to provide uniform protections for all employees and inappropriately shifts the responsibility for occupational injuries to the injured workers”. PCI was also pleased with the decision, calling it a major step for protecting workers in the state.
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