Showing posts with label workers comp. Show all posts
Showing posts with label workers comp. Show all posts

Monday, February 18, 2013

Text of Workers' Comp Bill

The text of the new workers' compensation bill is not on the state Senate website yet, so I'm putting the text here. It's after the break. Here it is in all 261 pages, Senate Bill 1062:


STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1062 By: Bingman and Sykes





COMMITTEE SUBSTITUTE

An Act relating to workers’ compensation administrative system; creating the Administrative Workers’ Compensation Act; providing short title; defining terms; stating applicability of act; stating effect of finding of unconstitutionality; providing for exclusivity of certain remedies; providing exceptions; prohibiting certain statement or misrepresentation; creating felony offense; directing allocation of certain fine; requiring referral of certain violations; creating certain investigation unit; requiring Attorney General to designate certain personnel;

Copying Arkansas: Workers' Comp Bill at 261 Pages

Republican lawmakers and business leaders have been asking and working for what they call workers' compensation reform, and it looks like the wholesale changes are on the way. Senate President Pro Tempore Brian Bingman and Sen. Anthony Sykes are the authors of Senate Bill 1062.

A news release from the state Senate says the bill will replace the "adversarial" system with an administrative system. The statement goes on to say:
SB 1062 is modeled on a similar administrative system in the state of Arkansas.  Workers’ compensation insurance premiums under the Arkansas administrative system were rated in the Oregon Department of Consumer and Business Services Survey at $1.19 per $100 of payroll – less than half the cost of premiums paid by Oklahoma businesses.Bingman said in addition to reducing costs for business, SB 1062 will generate better outcomes for injured workers. An administrative system will resolve cases based on an evaluation of the merits of the case and objective medical evidence.  Under the current judicial system, employees are often pitted against their employer in litigation proceedings characterized by dueling trial lawyers and dueling doctors.Sen. Anthony Sykes, chair of the Judiciary Committee and co-author of the measure, learned first-hand about the benefits of an administrative system on a fact-finding trip to Arkansas.“The Arkansas system is a model for states that want a system designed to help injured workers get the care they need without delay,” said Sykes, R-Moore.  “Oklahoma’s small business owners care about their employees, and they know they wouldn’t be successful without them.  I believe this system is the right solution for employees, and it’s good for business.”Under SB 1062, an administrative system would be structured with three commissioners appointed by the Governor, subject to Senate approval, for six-year staggered terms.  The commission will then appoint administrative law judges to hear all claims for compensation.
The bill will be heard at 9:30 a.m. Tuesday in the Senate Judiciary Committee, which Sen. Sykes chairs. I plan to be in the room and will have a report on KGOU during All Things Considered.


Sunday, February 17, 2013

Workers' Compensation Plan Coming Monday

Senate President Pro Tempore Brian Bingman says a bill that would change Oklahoma's system of taking care of injured workers will be unveiled Monday and heard in a committee the next day.
If you have heard any (and I mean "any") of the legislative panels or discussions aired on KGOU, you'll know this bill was expected. The contents aren't yet known, but lawmakers say it will create an administrative system and get rid of the current court-based system.
Democrats, including House minority leader Rep. Scott Inman, say changing the system will require operation of the older one for at least a decade, at great expense.
With the business community in the state pushing for the change, and Republicans in control of both chambers and the governor's office, Oklahoma is likely to end up with an administrative workers' compensation system soon. My prediction is it will be law before the end of the current session.