The Oklahoma Supreme Court ruled a particular provision in the 2013 Oklahoma Workers’ Compensation Act as unconstitutional, citing the provision to be “unfair.”
The provision in question prohibits compensation claims from workers who have been employed less than the required 180 days.
The case, Torres v. Seaboard Foods LLC, involved an employee who had sustained cumulative work-related injuries after working for only 120 days.
The Court explained that the administrative law judge had sided with the employer in denying the claim due to the 180-day requirement. Subsequently, the judge’s decision was affirmed by the Workers’ Compensation Commission.
During the appeal process, the Oklahoma Supreme Court concluded that the 180-day provision, which virtually denies an injured worker from any sort of remedy under the law, “violates the Due Process Section of the Oklahoma Constitution.” The justices also agreed on the provision being unfair.
“[The 180-day provision creates]a classification that completely bars Petitioner and others in Petitioner’s position from recovering for their injuries at all. In this regard, the 180-day line separating who may recover for potentially identical injuries on cumulative trauma grounds is not only arbitrary, but fundamentally unjust,” stated Vice Chief Justice Douglas Combs.
“With the enactment of the Administrative Workers’ Compensation Act (AWCA), the balance is now off kilter and has become one-sided to the benefit of the employer,” added Justice Tom Colbert.
Less than a week ago, the Oklahoma Workers’ Compensation Commission determined that parts of the state’s opt-out provision of the workers’ compensation statute to be unconstitutional as well.
