The Oklahoma Supreme Court this week redacted parts of the state’s guidelines for worker’s compensation benefits.
The Court reasoned that the provisions were taken down since they “deprived workers of their due-process rights and created a subclass of workers.”
The Court voted 7-2 to invalidate the provisions on permanent partial disability deferral—a part of the workers' compensation statutes of 2013. Under the provision, "an injured employee who returns to work receives no compensation for the physical injury sustained and no compensation for a reduction in future earning capacity, upending the entire purpose of the workers' compensation system."
Justices asserted that deferring permanent partial disability payments if an injured worker returns to work is unconstitutional. Justice Noma Gurich wrote for the majority.
The decision had to do with four cases filed with the state’s Workers’ Compensation Commission by workers who sustained on-the-job injuries. According to the justices, officials mistakenly relied on American Medical Association guidelines in one of the cases to determine the extent of a worker’s permanent impairment.
With the permanent partial disability deferral provisions out of the way, the court sent the four cases back to the Workers’ Compensation Commission to recalculate the compensation due to the workers involved.
