Attorney Files Constitutional Challenge to Statutory Cap on Benefits for Hernias

Oklahoma City attorney Bob Burke this week filed yet another constitutional challenge to the Administrative Workers' Compensation Act, this time targeting its limitation on the benefits payable for hernia injuries. AWCA Section 61 caps the payment of temporary total disability benefits to a worker with a compensable hernia at six weeks. The limit is 13 weeks if the worker has surgery. Burke contends these restrictions are unconstitutional because they make no exceptions for a worker who is medically restricted from returning to work after the benefits are cut off. His client, Ray Gr...