Oklahoma Court Strikes Down Part of Workers’ Comp Law

The Oklahoma Supreme Court struck down on Dec. 20 part of a new law that prevents chiropractors and some other medical professionals from serving as independent medical examiners in the state’s Workers’ Compensation Court and testifying in workers’ compensation cases.

The state’s highest court invalidated the provision in a 6-3 decision that characterized the guideline as an unconstitutional special law that violated the separation of powers between the Legislature and the court system that weighs disputes between injured workers and their employers. The court severed the unconstitutional provisions from the statute and the rest of the law will remain in force.

Chiropractor Dan Post praised the decision. He had challenged the provision along with the Oklahoma State Chiropractic Independent Physicians Association and fellow chiropractor Brad Hayes.

Post said he disagreed with the prohibition of all but licensed medical doctors or licensed doctors of osteopathy from serving as independent medical examiners for compensation court and excluded chiropractors, who specialize in ailments of the back, neck and extremities, and other medical specialists like optometrists, podiatrists and dentists.

“We felt it was harmful for both workers and employers,” said Post, who had served as an independent medical examiner in the past. “We’re licensed and capable of treating those workers.”

The chiropractor’s attorney, John C. McMurry of Oklahoma City, said the decision is a victory for medical specialists that should help lower workers’ compensation costs.

“In practicality, this will be an improvement,” McMurry said. “Workers and the business community both will benefit.”

The new statute adopted by the Legislature this year went into effect on Aug. 26. Among other things, it states that an employee’s claim for permanent partial disability must be supported by the medical testimony of the treating physician, who must be a licensed medical doctor or doctor of osteopathy, or a qualified independent medical examiner, who must also be a licensed medical doctor or doctor of osteopathy.

But the chiropractors argued that they have served as independent medical examiners before and their reports have been used to support claims for permanent partial disability. McMurry said there are about 3,000 licensed chiropractors in the state and about 19 have served as independent medical examiners.

“The chiropractors argue that there is no valid reason to distinguish between M.D.s and D.O.s, and other physicians,” states the 14-page majority opinion written by Justice Doug Combs of Shawnee.

But in a six-page dissenting opinion, Justice James R. Winchester of Chickasha reasoned that the workers’ compensation statutes “validly distinguish” chiropractors from medical doctors and doctors of osteopathy.

“Chiropractors do not have the same medical training or education as M.D.s or D.O.s and their scope of work is more limited,” it says. “M.D.s and D.O.s are trained to treat and evaluate the entire human body while the scope of treatment of chiropractors is, admittedly, more limited.”

It also says the statutes were meant to describe the rights of injured workers and employers concerning the nature of medical evidence that could be used in court.

“The workers’ compensation system exists for the benefit of claimants and their employers, not for the benefit of the treating physicians,” it says.

A spokesman for Gov. Mary Fallin, Alex Weintz, said that in spite of the decision, most of the law remains in effect.

“These reforms are an important part of the governor’s pro-jobs agenda,” Weintz said, “When she signed the bill into law, the governor noted the reforms would help lower costs for Oklahoma businesses while creating a system that treats injured workers fairly.”

He said Fallin expects workers’ compensation rates to continue to fall as the remainder of the statute is implemented.

Topics Workers' Compensation Oklahoma