Alternative Benefit Plan Appeals Subject to WC Commission Review

A federal trial judge in Oklahoma on Wednesday ruled that even if employers opt out of the state workers' compensation scheme, an employee can still appeal an adverse determination of benefits to the Workers' Compensation Commission. The Dillard's department store chain had argued that its alternative benefit plan is exempt from commission review because it is governed under the federal Employee Retirement Income Security Act. Attorney Bob Burke – who is leading a number of cases challenging various aspects of the 2013 legislative overhaul to the comp system – had arg...