Death of a Workers' Comp Opt Out Bill  

Find out why the Oklahoma House voted down HB 2155 in the end 

Thanks to Tom Robinson for sharing his insightful commentary and analysis of Oklahoma's failed attempt at workers' comp opt out legislation. Clearly the issue of opt out will rise again in 2013. 

Oklahoma Opt Out Legislation Fails: A Post Mortem, by Thomas A. Robinson. Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to "opt out" of the state's traditional workers' compensation system [see House Bill 2155] fell short of having sufficient votes to move the legislation through the Oklahoma House of Representatives and on to the state's Governor. The measure would have allowed qualifying employers to establish written benefit plans pursuant to the Employment Retirement Income Security Act of 1974 (ERISA) in lieu of the existing state system. While the ERISA plans would have been required to provide benefits at the same or higher level as under current law, critics, pointing to somewhat similar plans established by opt out employers in nearby Texas, said the practical effect of House Bill 2155 would have been to diminish significantly the disability and medical benefits injured workers might receive in Oklahoma. Read more.

Update From the Benefits Review Board (May 2012), by Karen Koenig, Associate General Counsel, Longshore, Benefits Review Board, U.S. Dept. of Labor. BRB Statistical Update. The Board began this fiscal year in October 2011 with 148 pending Longshore appeals. During the last fiscal year, which ended September 30, 2011, the Board received 201 appeals in cases under the Longshore Act, one more than the year before (Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 et seq.). A total of 198 Longshore Act decisions were issued, three more than the year before; 13 decisions on reconsideration also were issued. Read more.

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