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When Lt. Gov. Mary Fallin and Senate Republicans attempted to force an up-or-down vote on a meaningful $125 million workers’ compensation reform package four weeks ago, they warned that if the issue went to a conference committee Gov. Brad Henry and Senate Democrats would attempt to water down the proposed reforms to protect workers’ comp trial lawyers.
It turns out that Fallin and the Senate GOP were right to be concerned.
Drafts of possible “compromises” being produced in back-room negotiations late in this legislative session – negotiations without the direct involvement of legislators – show that Democrats are close to their goal of protecting lawyers from key legal reforms.
“The drafts of legislative language that I have seen floating around try to achieve savings in the workers’ comp system on the backs of injured workers while letting attorneys off-the-hook. What is going on is very reminiscent of the lawsuit reform debate last year when the trial lawyers won a clear victory with a watered-down bill late in the legislative session,” said Sen. Scott Pruitt, R-Broken Arrow, the Senate GOP’s point person on workers’ compensation reform.
“For those of us hoping that we could change the culture of Oklahoma’s workers’ comp system this year, it is sobering to find that even if there is some sort of eleventh-hour agreement, it will likely be for a mediocre bill – and mediocrity won’t create the jobs we need in Oklahoma. We can’t have workers’ comp reform in name only – the citizens of Oklahoma deserve better,” Pruitt said.
Meanwhile, Senate Republican Leader Glenn Coffee, R-Oklahoma City, said a special session may be needed if passing a “meaningful” workers’ comp bill is a goal this year.
“Time is running out in this legislative session, and so far the trial lawyers seem to be winning. While there is a remote chance that a meaningful agreement on workers’ comp can be reached before Friday, it probably will be necessary for everyone to take a step back and return for a special session later this year to do the job right,” Coffee said.
“Senate Republicans are proud of Sen. Pruitt for working so tirelessly and for his persistence in trying to forge a bipartisan agreement on a real and meaningful workers’ compensation,” Coffee stated.
Coffee noted if there is an agreement on any workers’ compensation by Friday, before Senate Republicans can sign off on it they must have an independent cost savings analysis and must review key legal reforms – such as value-added fees and eliminating dueling doctors – to ensure that these proposals are not watered down as Democrats and trial lawyers prefer.