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Supreme Court Rejects Challenge to Commission's Jurisdiction

Friday, May 24, 2019 | 0

The Oklahoma Supreme Court on Tuesday rejected a constitutional challenge to a statutory delegation of authority for the Workers’ Compensation Commission to hear retaliation claims. Section 7 of the Administrative Workers’ Compensation Act vests exclusive jurisdiction with the commission to hear and decide claims that an employee was subjected to an adverse action because of his pursuit of benefits for an on-the-job injury. The statute also caps a worker’s recovery of back pay at $100,000. Thomas Southon had argued that the limitations wrongfully deprived him of a jury tri...

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