NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
Robinson v. Fairview Fellowship Home, 2016 OK 42
Holding: The Oklahoma Workers’ Compensation Commission and its administrative law judges have the power to determine whether a provision of Title 85A is constitutional. The Court has granted the Commission the authority to decide the constitutionality of any provision related to either party.
Damien Smith v. Baze Corp, 2016 OK 41
Holding: Scheduled members, arms, hands, feel, legs, eyes and ears are exempt for evaluation for permanent partial disability using the AMA Guides. The deferral of permanent partial disability benefits if an injured worker returns to work is unconstitutional as a violation of due process. The calculation of permanent partial disability to a scheduled member shall be tied to the amount in schedule and not converted to the 350-week whole man limitation. The court did not address the constitutionality of using the AMA Sixth Edition Guides to rate permanent partial disability other than scheduled member.
Vasquez v. Dillard’s
The Workers’ Compensation Commission found the Oklahoma opt out scheme unconstitutional and inoperable in Vasquez v. Dillard’s because it treats employees differently, depending upon if their employer carries traditional insurance or opt out.
Dillard’s appealed the case to the Oklahoma Supreme Court. The record was completed on April 28, 2016. The Oklahoma Attorney General asked that the proceedings be stayed because the legislature is trying to fix the problem. An objection was filed because whatever the legislature does, it does not fix the law that was in effect on the date of injury. The case should be fully briefed by the middle of the summer with many amicus briefs filed on both sides.