The Oklahoma Supreme Court has declined to assume original jurisdiction in a lawsuit challenging the constitutionality of an opt-out provision in Oklahoma's new workers' compensation laws, according to an April 28 report in The Oklahoman.
PartnerSource president Bill Minick, described in the report as "the architect of most opt-out plans being used by Oklahoma companies," praised Monday's decision as a victory of Oklahoma businesses.
Although the court's action is not a definitive ruling on the constitutionality of opt-out provisions, Minick said he believes the Supreme Court is giving companies the "green light" to adopt opt-out plans through the signals it is sending.
"Oklahoma businesses can now be assured that we have a product that is not only validated by the Oklahoma Legislature, but the Supreme Court with a solid 7–2 majority decision," Minick said. "It is a victory for employers and injured workers across the state."
Let the appeals process proceed
Bob Burke, lead attorney for the group challenging the opt-out provisions, believes that it is premature for Minick to declare victory.
According to Burke, by declining to assume original jurisdiction, the state Supreme Court is merely indicating that it would like the case to proceed through the normal administrative and appeals process before it reviews those decisions.
"All this does is delay the state Supreme Court from hearing the case," Burke said. "It doesn't determine the constitutionality at all."
Burke said it is not unusual for state Supreme Court justices to want to wait until a case has gone through the normal appeals process before hearing arguments.
Another case to be filed
The lawsuit was filed on behalf of injured employees Judy Pilkington and Kim Lee, who worked for Dillard's and Swift Transportation Co. The workers contend the opt-out plans utilized by those two companies contain provisions that are greatly inferior to provisions in the state administrative plan.
Meanwhile, Burke said he plans to file another case in behalf of another client that will challenge the constitutionality of the opt-out provision of Oklahoma's new workers' compensation law. That lawsuit will be filed Wednesday in Oklahoma County District Court, he said.
Read the original story: Oklahoma Supreme Court declines to hear opt-out lawsuit
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