Oral argument is set before the Oklahoma Supreme Court in case No. 113,811 for 9:30am, Sept. 30, 2015. The appeal challenges:
- The use of the American Medical Association (AMA) Guides, Sixth Edition, to rate disability
- The deferment of permanent partial disability awards if a worker returns to work
- The use of the AMA Guides to the evaluation of permanent impairment, particularly, the Sixth Edition, to rate disability to scheduled members.
This case also challenges the entire administrative Workers’ Compensation Act’s drastic cut in benefits and limitations in what is covered “on-the-job.”
It challenges the use of the AMA Guides as a breach of the “Grand Bargain,” which was brought about as a result of the industrial revolution of the 20s. Thus, it would bring an end to what’s called the “exclusive remedy,” which allows an injured worker to sue his employer in workers’ compensation.
It would be argued that now the worker, due to the”severe limitations of benefits,” may be allowed to bring an action in the District Court of the injury showing negligence on the part of the employer.
The appeal additionally argues that Title 85A, Section 5(C), is unconstitutional because it provides disparate treatment of members of a single class with regard to the award of permanent partial impairment/disability.
Stay tuned and our Oklahoma City workers’ compensation attorneys will keep you updated on the results of the hearing.