High Court Says State's Entire 'Opt-Out Act' Is Unconstitutional

The Oklahoma Supreme Court on Tuesday struck down the Oklahoma Employee Injury Benefit Act in its entirety, deciding 7-2 that the so-called "opt-out act," or Oklahoma Option, created a special law for the “impermissible, unequal, disparate treatment of a select group of injured workers.” The court said the act passed in 2013 gives injured workers “no protection to coverage, process or procedure” that is afforded to employees covered under the state’s Administrative Workers’ Compensation Act. The decision stems from the court case Jonnie ...