Chamber 'Disturbed' by Comprehensive Reform Bill; Committee Vote Postponed

Friday, February 15, 2019 | 0

The battle over the reform of Oklahoma's workers' compensation law continues to churn, now with Republicans sparing with each other over how far worker-friendly changes should go.

Rep. Chris Kannady

At a meeting of the House Judiciary Committee this week, Chairman Chris Kannady, R-Oklahoma City, postponed discussion of the much-anticipated HB 2367, a comprehensive bill designed to correct some of the 2013 benefit reductions that the state Supreme Court held were unfair to workers, and unconstitutional.

Kannady announced in the committee meeting that he needs to adjust some of the provisions of the bill after the State Chamber of Oklahoma complained about them, according to a news report in the Oklahoma City-based NonDoc publication.

“In light of the fact that apparently some of us file ‘disturbing’ bills, I will have some even better language to add into that bill and will have that for you next week,” Kannady said to a crowded committee room. “Hopefully those that are disturbed by our bills will come talk to me between now and then and see if we can work something out.”

Kannady was referring to an email flier that the chamber distributed, which argued that the 2013 reform law had saved employers millions, and that bills now under consideration in the Legislature may be too lenient on worker benefits.

“... it is DISTURBING to see bills filed in 2019 that would undermine our workers’ comp system,” the flier states. “The State Chamber will continue to fight for lower premiums for Oklahoma businesses and protect historic workers’ compensation reforms.”

Kannady told NonDoc that workers' rights must be considered.

“The needle has gone too far the other way, and people aren’t getting the benefits that they really need,” Kannady said.

His bill would allow the Workers’ Compensation Commission to authorize medical tests, surgeries, injections, counseling and physical therapy as “continuing medical maintenance” for claimants. It also would classify post-traumatic stress for first responders as a compensable injury, a provision that HB 2271 also addresses.

That bill passed the House Judiciary Committee 15-0 on Tuesday.

Kannady's bill would also expand the definition of employment locations to include parking lots and common areas near businesses if they are in the “exclusive control” of the employer. The bill would also expand parts of the “disability” and “permanent disability” definitions.

Fred Morgan, president of the State Chamber of Oklahoma, told the NonDoc publication that he sees room for compromise, including increased funding for the nearly insolvent Multiple Injury Trust Fund and extending the Court of Existing Claims. The court handles claims filed before 2014, when the reform law created a new Workers' Compensation Commission, but is set to expire soon.