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Oklahoma Supreme Court Declares Opt Out Unconstitutional

  • September 20, 2016

Oklahoma City, OK (WorkersCompensation.com) – The Oklahoma Supreme Court this morning struck down the controversial “opt out” provision of the state’s workers’ compensation law. The court ruled it was an unconstitutional “special law” that gave employers the ability to provide inequitable treatment for their injured workers.

The provision allowed employers to “opt out” of the state’s workers compensation system by offering an alternative private plan. The 7-2 ruling delivered Tuesday says it “creates impermissible, unequal, disparate treatment” for those workers, which the court found to be a violation of the Oklahoma Constitution.

This decision effectively leaves Texas as the only state that allows employers to not carry workers’ compensation. As an “Opt In” state, it means that no state currently have an active Opt Out scenario for workers’ compensation.

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