In neighboring news:

The Oklahoma Supreme Court has rejected a challenge questioning the constitutionality of the state’s reformed workers’ comp system. Specifically, Judy Pilkington et al. v. State of Oklahoma et al. concerns the “opt-out” portion of the new administrative system. Oklahoma’s opt-out allows employers with at least 100 workers and $1 million in net assets, among other conditions, to opt out of the state’s workers comp system by providing an alternative benefit plan for injured workers. The plaintiffs in Pilkington, Judy Pilkington and Kim Lee, argued that the Oklahoma law is unconstitutional because it includes no due process protections. Pilkington and Lee were injured during their employment with Dillard’s and Swift Transportation, respectively, both of which opt-out. The Court voted 7-2 to reject the case. In an previous interview with Louisiana Comp Blog, plaintiff counsel Bob Burke stated that the opt-out legislation was a severe restriction on the care injured workers are able to receive because of the network of approved doctors and the appeals process which depends on company representatives.

Read further coverage from Business Insurance here. Read the original court documents for Pilkington, submitted by Burke here.

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