Supreme Court Gets Constitutional Challenge to Subrogation Statute, TTD Limit

The Oklahoma Supreme Court on Tuesday received a constitutional challenge to an employer’s statutorily granted rights to limit a worker’s temporary total disability benefits and to receive a credit when the worker has obtained recovery from a third-party tortfeasor. Section 45(A)(1) of the Administrative Workers’ Compensation Act caps an employer’s liability for TTD at 104 weeks. Several states impose similar durational limits on the payment of TTD, but Oklahoma provides workers with one of the shortest periods of TTD in the country. Florida had imposed a 104-wee...