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OKLAHOMA UPDATE: SUPREME COURT AGREES TO CONSIDER CONSITIUTIONALITY OF NEW WORKERS COMP & OPT OUT LAW
In addition to substantial changes to the state workers' compensation system, the law permits certain employers to offer employee work-injury benefits without workers' compensation insurance. The legislation was signed into law last May by Governor Mary Fallin who stated it would make Oklahoma more business friendly.
Those challenging the law including two state lawmakers and an Oklahoma state firefighter's association claim the law is unconstitutional because the opt out provisions treat some employers and employees differently. They also argue that the bill violates a constitutional requirement that legislation be germane to a single subject.
Oral arguments are set to begin at 9:00 a.m. on December 10 at the Oklahoma Supreme Court in Oklahoma City.