The so-called "Oklahoma Option" — a worker’s compensation reform law heralded as a money-saver for employers in Oklahoma — is ruled unconstitutional.
The three-member Oklahoma Worker’s Compensation Commission made the ruling while reviewing a claim against Dillard’s, one of 62 employers to opt out of the state system and come up with their own plan in the last two years.
Attorney Bob Burke represented the woman challenging Dillard’s handling of her claim. Burke said letting employers opt out of the state system to develop their own plans deprives injured workers of having any say.
"The company decides what is going to be covered as an injury. They get to decide all the doctors they go to," Burke said. "They get to decide all the benefits they pay, and then no one ever gets to look at it independently along the way."
The commission said the Oklahoma Option creates a dual system where workers aren’t treated equally.
The Oklahoma State Chamber supported the original legislation, and Senior Vice President of Government Affairs Jonathan Buxton says they’re disappointed by the ruling.
"We are continuing to review the ruling with our legal experts and continue to consider all our legal and legislative options," Buxton said.
The ruling can be appealed to the state supreme court. If it’s upheld or not appealed, the employers who developed their own plans will have 90 days to buy insurance or put up a bond as coverage.
They’ll also be on the hook for worker injuries that happened since they opted out.
"I'm sure they in good faith intended to save money, but, in the end, it might end up costing them much more money because they're going to have to cover injuries for a long period of time out of their pocket in many, many cases," Burke said.
The commission made the ruling in a special meeting Friday.
