The Edmond Sun

Local News

March 15, 2013

Attorney: Work comp reform penalizes injured workers

EDMOND — State Senate Bill 1062 is bad for injured workers and is a direct assault on working families in Oklahoma, said Edmond attorney Tim Reese.

The rights and benefits of injured workers in the state will be drastically reduced if SB1062 becomes state law, Reese said Friday at the weekly meeting of Oklahoma County Democrats.

Authored by Senate Pro Tem Brian Bingman, R-Sapulpa, SB 1062 passed in the Senate and is  being considered in the House of Representatives.

On the job injuries in Oklahoma pass through the litigious workers compensation system. Oklahoma is one of two states in the U.S. that does not handle workers comp claims through an administrative process, Speaker of the House T.W. Shannon said during a recent visit to Edmond.

Shannon said SB1062 would improve business in the state by attracting companies to do business here. An adversarial workers comp system in the state works against workers and business, Shannon said.

“I’m pleased to hear the governor supports an administrative system and I think we in the House will be pushing that, too,” Shannon said.

SB1062 is designed to benefit physicians and employers by redirecting financial benefits to workers, said Reese, a workers comp attorney.

“In a third-party negligence action, total attorney’s fees and costs would be limited to 20 percent, blatantly unconstitutional,” Reese said. “An employer would receive 75 percent of the net recovery, and the injured worker would get the tiny bit left.”

Today, District Court has the authority to divide the proceeds of a third-party recovery, Reese said.

Temporary total disability maximum payments to injured workers would be cut by 30 percent “when the worker is off work on doctor’s orders and can least afford it,” Reese said.

“Amputation awards are greatly reduced from current law,” Reese said. “For a worker making $500 weekly, benefits are drastically cut.”

 For an amputated arm, Reese said a worker would receive $20,000 less money or 23 percent less. Worker’s comp benefits for an amputated hand would be reduced by $16,000, or 23 percent, he said.

“For loss of hearing in both ears, $24,000 less or 23 percent less,” Reese continued. SB1062 would not allow benefits for the injured worker who returns to work for one day, Reese pointed out.

“This is blatantly unconstitutional and invites litigation for wrongful termination,” Reese said. “For example, a worker could have two back surgeries from an injury that no one contests, return to work for one day, and then his doctor decides the worker cannot perform the job. Under this bill, the employer would owe zero for permanent partial disability.”

Widows’ death benefits also would be cut by this bill, Reese said. A 55-year-old widow to a husband who earned $600 a week in salary would see her death benefits cut by 32 percent if she remains unmarried and lives to be 80, Reese said.

“I’m confident we will have an administrative system that protects injured workers but doesn’t penalize the employers that provide those jobs,” Shannon said.



TO FOLLOW SB1062, go to http://www.oklegislature.gov/BillInfo.aspx?Bill=SB1062&Session=1300. Read the text at http://legiscan.com/OK/research/SB1062/2013.

Text Only
Local News
  • Storm 1 The Big One

    It’s a bleak scenario. A massive earthquake along the New Madrid fault kills or injures 60,000 people in Tennessee. A quarter of a million people are homeless.

    May 17, 2013 3 Photos

  • City plans to hire downtown consultant

    Conceptual ideas about how the City of Edmond may plan for downtown development were shared this week by David Forrest with members of the business community.
    The Central Edmond Urban Development Board has revisited plans made in a 1998 Downtown Master Plan through public meetings and presentations to protect the future development of Broadway. Recommendations by the group will be taken into account by future city councils.

    May 17, 2013

  • Feds recommend changing legal alcohol content levels

    During the past 15 years alcohol contributed to a third of highway deaths prompting the government this week to recommend reducing state Blood Alcohol Content limits from .08 to .05 or lower.

    May 17, 2013

  • St. Mary’s Episcopal School names new Head of School

    Pamela Dockter will become the new Head of School at St. Mary’s Episcopal School effective July 1.

    May 17, 2013

  • Fredricks Local girl receives crown

    Audrianna Page Fredericks recently was crowned Miss Junior Teen Oklahoma United States 2013.

    May 17, 2013 1 Photo

  • ‘Locker Hooking’ workshop offers instruction in durable, useful crafting technique

    Residents who would like to learn how to use the “locker hooking” technique to make one-of-a-kind items for use in the home or for decoration are invited to attend the “Locker Hooking” Workshop Tuesday from 10-11:30 a.m. at the Oklahoma County OSU Cooperative Extension Service.

    May 17, 2013

  • ‘Healthy Cooking With Spices and Herbs’ focus of OSU Extension workshop

      As Americans try harder to improve their diets by decreasing fat and sugar, the challenge to make dishes tasty as well as healthy becomes that much more important.

    May 17, 2013

  • 5-18 Calendar

    The Edmond Senior Center, 2733 Marilyn Williams Drive, is open 8 a.m. to 4 p.m. Monday-Friday. F or information about Edmond senior programs, stop by and pick up a monthly calendar, check out the Web site at edmondseniorcenter.com or call 216-7600.
    Lunch is served at 11:30 a.m. and reservations are needed a day in advance by 11 a.m. For lunch reservations, call at 330-6293 from 9 a.m. to 1 p.m.

    May 17, 2013

  • Travel 1 Don’t miss out on Williams, Ariz.

    You know how some days you’re really at your best and then you hit one where your efforts just don’t measure up. I had one of those. Jack and I were on a nine-day driving tour of Arizona, getting close to the end of the trip.

    May 17, 2013 3 Photos

  • Broadway Paving Underway.jpg 3 miles of Broadway restoration nears completion

    Work to restore 3 miles of Broadway from Waterloo to Simpson was near completion Friday, said Mark Sharpton, District 1 county commissioner. Atlas Paving Company began the process of resurfacing the road this week.
    “Another improvement on the roadway will be the application of new safety striping,” Sharpton said.
    A recent bid letting by the Oklahoma Department of Transportation resulted in Action Supply being the lowest bidder at $27,752.30. The bid will be awarded June 3, Sharpton said.

    May 17, 2013 1 Photo

Featured Ads
NDN Video
Twiggy, the Water Skiing Squirrel Sailor Surprises His Mom At Her CU Denver Graduation Ceremony Official: ‘Amazing’ No One Was Killed In CT Train Crash Lotto Fever Sweeps the Country Coffee Stop Leads To Arrest Of YouTube Sensation Wanted For Murder Bearded Dragon Reunited With Owner Marine Reunited with Warzone Companion Raw: Crash Sends Car Into Fla. Pool Beyonce Is Pregnant! SF baseball player overpaid $500,000 RETURNS money -- and team says KEEP IT $1 Million in Jewels Stolen at Cannes Film Fest Dad returns from Afghanistan, surprises family during Rays' first pitch See Jennifer Lopez's New $10m Hamptons Mansion Woman tricked into taking abortion pill Emma Watson Goes Pantless IRS scandal: Republicans seek to tie Obama to agency's woes Play of the Day: Flipping to Safety Pregnant Kim Kardashian Squeezes Her Swollen Feet Into Stilettos Top Videos of the Week: Angry Taco Bell Guy, Glacier Moves on House, Dog Hates Baths Cindy Crawford Stuns At Cannes
Poll

Would you support the state issuing a $42.5 million capital bond issue to build OKPOP, a popular culture museum proposed for the Brady Arts District in Tulsa? The Oklahoma Historical Society proposes a 75,000-square-foot facility plus a 650-space parking garage in downtown Tulsa to feature the stories of famous Oklahomans who contributed to pop culture both nationally and internationally.

Yes
No
Undecided
     View Results