Oklahoma City, OK asked in Workers' Compensation for Oklahoma

Q: have there been any new developments or changes in worker's compensation laws in Oklahoma

Related Topics:
1 Lawyer Answer
John Todd Willhoite
John Todd Willhoite
  • Workers' Compensation Lawyer
  • Claremore, OK
  • Licensed in Oklahoma

A: In 2014 Oklahoma switched from a court system to an administrative system. For injuries occurring on or after February 1, 2014 the claim is processed through the administrative system. The change in the law from the old system to the new system are significant. The full extent of the new law is under review through the court system which is interpreting the new law. For example on April 12, 2016 the Oklahoma Supreme Court decided Maxwell v. Sprint PCS 2016 OK 41 and clarified the permanent partial disability deferral provision under the new law is unconstitutional. The Court recognized the way the legislature wrote the law they awarded some compensation for permanent injuries, but then took it away with deferral, leaving no compensation for any permanent impairment suffered by a worker. The Court further found the way the law is written the AMA Guidelines 6th edition does not apply to scheduled members (arms, hands fingers, legs, feet, toes). This is only one example of the uncertainty under the new law that is being interpreted and clarified by the courts. So yes there have been major changes for people injured on February 1, 2014 and after. (For cumulative trauma cases with dates of awareness before 2/1/2014 they may be covered under the old law.)

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.