Attorneys for an injured oil field worker on Wednesday announced that they will be taking their constitutional challenge to the statutory cap on temporary total disability benefits to the Oklahoma Supreme Court.
Section 45(A)(1) of the Administrative Workers' Compensation Act sets the weekly TTD rate for a worker at the lesser of 70% of his average weekly wage, or 70% of the statewide average weekly wage.
The statute therefore causes more financial strain on injured workers who had been high-wage earners than those who had been generating smaller paychecks before being hurt.
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