Weekly Opinion/Editorial

WAIT UNTIL NEXT YEAR!

by Steve Fair

On Friday the second session of the 51st Oklahoma state legislature will adjourn “sine die.” Sine die is a Latin term that literally means without day. When dealing with legislative bodies, sine die means it is anticipated that this particular body will not meet again because the next session of the legislature would have a somewhat different membership after November. All 101 State House and 24 of the 48 Senate districts will have elections in 2008. Because the composition of the body will be different in 2009, this particular body will not meet again, hence “sine die.”

The Oklahoma Constitution mandates the legislature meet in annual session for ninety business days between the first Monday in February and the last Friday in May. In past years, the last week of session was a fire drill. It wasn’t uncommon for the legislature to be in session eighteen hours a day the last week of session. They would debate and consider bills they should have been addressed first and not last. That practice has improved dramatically since Republicans were given the majority in the state house in 2004. Important legislation is now thoughtfully debated and considered before the final hours of session. In past years, it was common practice for the state’s budget to be the final bill passed by the legislature in the final hours of the session. If the governor didn’t sign it, a special session would then have to be called at taxpayer’s expense. Thankfully, this year’s budget has been approved and signed, but Oklahoma citizens should watch for any last minute legislation passing that is not well thought out.

Two major issues that were not resolved this legislature session were tort reform and workers comp reform. Interrelated, they are two issues opposed by the powerful trial lawyer lobby.
In 1997, then Governor Frank Keating signed SB 730 that provided some reforms to Oklahoma’s antiquated workers comp system. The changes which were recommended by the Fallin Commission, made some reforms, but it did not remove the lawyers from the workers comp process. In 2005, then State Representative Fred Morgan, R-Oklahoma in frustration called for a special session to deal with workers comp reform. Morgan warned that workers comp reform was too important of an issue to be handled during the frenzied final hours of session- the common practice at that time.

This year in late February, State Representative Mark McCullough, R-Sapulpa, got HB 2605 through committee. The bill would create a three-member Workers’ Compensation Commission to replace the current Workers’ Compensation Court. Oklahoma is one of only three states in the country still using the court system to settle workers compensation disputes. This adds up to 50% more cost to the process, which results in higher premiums for businesses and less benefits to injured workers. McCullough said, "This is sweeping legislation that will dismantle the current lawsuit-based Workers’ Compensation Court and replace it with an administrative system based on Arkansas' successful model." Our current system has been failing both injured workers and employers for years. It’s time to overhaul it in a way that reduces costs to the employer while creating an easier path back to work for injured employees. This bill will benefit injured workers most by streamlining access to medical care and focusing on vocational rehabilitation."

According to Roy Wood, an official with the National Council on Compensation Insurance, PPD claims in Oklahoma are almost twice the regional average and the average lost-time claim frequency is much higher than the region and nation. Oklahoma has increased in claim payouts in the past eight years by over 75% and injured workers are not the ones getting the money. "Our lawsuit-driven system provides little benefit to injured workers," McCullough said. "Because most attorneys are paid only through a share of monetary awards, they don’t reap any benefit from rehabilitation programs that would provide the most benefit to their clients. That’s why workers’ comp attorneys’ focus their efforts on winning lump-sum payments for clients instead of helping them recover. I believe most Oklahoma workers would prefer to regain their health to the fullest extent possible instead of sitting in a courtroom hoping for a one-time minor payment."

McCullough’s bill is a common sense approach to workers comp that should be a no-brainer. Even if he were able to get the bill through the House this week, Senate Democrats and Governor Henry oppose any true reform, so its not likely the proposal will be signed into law this year. Once again Oklahoma is placed at a competitive disadvantage vs. surrounding states in recruiting business and industry and new jobs to the state because Democrats want to appease the powerful trial lawyer lobby. With the distinct likelihood of Republicans taking over the State Senate in November, all I can say is- Wait till next year!