Senate Democrats Weaken Workers’ Comp Reform Bill, But Core Reforms Left Intact

Chairman Charles Laster led Democrats on the Senate Judiciary Committee Tuesday in voting for amendments that weakened House Bill 2046, the landmark workers’ comp reform bill authored by House Speaker Todd Hiett, R-Kellyville, and Sen. Scott Pruitt, R-Broken Arrow.

Before being amended, Pruitt’s bill was estimated to reduce workers’ comp costs by up to $158 million by the non-partisan National Council on Compensation Insurance. A competing plan authored by Gov. Brad Henry is estimated to only save $20 to 51 million.

“We’re not happy that some of our reforms were removed, but many of our key legal reforms were left intact, leaving the door open to a compromise if we work quickly and can avoid a conference committee,” Pruitt said.

Oklahoma has some of the highest workers’ compensation insurance rates in the nation, largely because attorneys are about three times more likely to be involved in an Oklahoma workers’ comp case than they are nationally. The system also has some of the worst benefits for injured workers.

Among the key reforms in House Bill 2046 left intact were:

Value-added attorneys fees: Attorneys may charge fees only on the portion of a settlement that is in dispute with the employer.
Dualing Doctors: Preference would be given to the testimony of an injured workers’ treating physician regarding the extent of an injury and recommended treatments.
Choice of physician: Injured workers would choose a treating physician from a list provided by their employer, similar to a “preferred provider” network.