Small: The compounding effect of good policy

The compounding effect of good policy

By Jonathan Small

The combination of good government policies, over time, has a compounding effect that reaps growing benefit for a state. The same is true of bad government policies.

Oklahoma’s loss of major company headquarters in recent months is tied to the latter and shows why lawmakers must not retreat from undoing the harmful policy legacy of Oklahoma’s first 100 years.

When officials with Devon Energy and Coterra Energy announced the two companies are merging, they also announced the combined company will be headquartered in Houston, Texas, not Oklahoma City.

Shortly after, Expand Energy—formerly known as Chesapeake Energy—announced a similar headquarters relocation.

Small: State court targets oil industry

State court targets oil industry

By Jonathan Small

Oklahomans are justifiably concerned about judicial activism. Even “minor” rulings can have major consequences. A recent Oklahoma Supreme Court decision falls into that category.

Thanks to the court’s ruling, an untold number of contracts have been nullified and countless state businesses left with daunting potential legal liability. Oklahoma companies operating in the oil and gas industry may be among those hardest hit.

When companies use subcontractors, it is common to have an indemnity contract that protects the contracting company from being sued for alleged wrongdoing done by a subcontractor.

But in Knox v. Oklahoma Gas and Electric Co., the Oklahoma Supreme Court invalidated an indemnity contract.

Sen. Weaver files bill to extend workers’ comp benefits to first responders with PTSD

Sen. Weaver files bill to extend workers’ comp benefits to first responders with PTSD

OKLAHOMA CITY – State Sen. Darrell Weaver has filed legislation to ensure workers’ compensation will cover post-traumatic stress disorder (PTSD) for first responders, including law enforcement officers, firefighters, and emergency medical technicians (EMTs).

Small: In policy debate, volume doesn’t equate to influence

In policy debate, volume doesn’t equate to influence

By Jonathan Small

In policy debates, when special interests cannot justify their position with sound analysis, they increase the volume instead. Unfortunately, a political approach known as “vote your district” can allow those special-interests tactics to work.

That’s because the “vote my district” mantra misconstrues the true job of a lawmaker and makes it more likely a legislator will miss opportunities to advance thriving.

Because we are a republic with elected representation (lawmakers), the job of a lawmaker is to represent his or her constituents by being the person who thoroughly studies issues, understands the policy implications, votes accordingly—and then explains why to constituents.

House Judiciary Chair Kannady working with State Chamber on compromise tort reform legislation

House Judiciary Chair to Explore Non-Economic Damage Caps with Guidance from State Chamber

OKLAHOMA CITY – After the Oklahoma Supreme Court issued its ruling in Beason v. I.E. Miller Services, Inc., striking down non-economic damage caps, House Judiciary Chair Christopher L. Kannady (R-Oklahoma City) sought input from all stakeholders to work on compromise legislation to move Oklahoma forward.

Chairman Kannady reached out to the State Chamber of Oklahoma, Oklahoma State Medical Association, and Oklahoma Association for Justice, amongst others. 

 “The State Chamber of Oklahoma worked closely with Chairman Kannady last year on workers’ compensation and other legal reform measures,” said President and CEO of the State Chamber of Oklahoma Fred Morgan. “We look forward to continuing that work during the upcoming session in order to achieve long-term solutions for the business community.”

“It appears that certain stakeholders have no interest in working on a compromise,” Kannady said. “Thus, I will move forward exploring options with stakeholders who are interested in advancing Oklahoma.

Senate sends workers’ comp bill to governor's desk

Senate gives final approval to workers’ comp bill

Legislation strengthens landmark 2013 reforms

OKLAHOMA CITY – The Oklahoma Senate on Wednesday gave final approval to legislation that preserves and strengthens landmark workers’ compensation reforms adopted in 2013. House Bill 2367 passed unanimously and now goes to the governor’s desk for consideration.

Senator Julie Daniels, Senate Judiciary Committee chair, is the Senate author of the bill and said HB 2367 clarifies and secures the reforms while addressing a number of issues that have arisen since passage of the original bill.

“Since 2013, reforms have been effective in helping injured workers receive timely treatment and get back to work.  Oklahoma employers have saved hundreds of millions of dollars.  Premiums are lower, fewer cases are filed and employee claims are resolved in less time with fewer appeals. Without compromising reforms all stakeholders negotiated over several months to resolve some pressing issues,” said Daniels, R-Bartlesville.

Among the highlights of HB 2367:

• Increases the total temporary disability (TTD) cap to 70 percent of the employee’s average weekly wage with a maximum of the state’s average weekly wage;
• Increases the maximum permanent partial disability (PPD) rate to $350/week for two years; an increase to $360/week in 2021 and an extension of the maximum number of weeks to 360;
• Adopts use of the Sixth Edition of the American Medical Association guidelines;
• Brings the Workers’ Compensation Commission in line with several Oklahoma Supreme Court decisions;
• Restructures the Multiple Injury Trust Fund (MITF) to increase the fund’s solvency.
• The Fiscal Year 2020 budget deal includes a $5 million appropriation to the MITF as part of the solution.
• Includes a reduction in the Court of Existing Claims to one judge from 2020 to 2022 to address remaining cases;
• Calls for the Workers’ Compensation Commission to conduct a study regarding a possible increase in the medical fee schedule and to report to the Legislature in 2020;
• Calls for the current procedural terminology (CPT) codes to be updated every two years.

“Republicans fought long and hard to transform the workers’ comp system from an adversarial system to an administrative system that’s fair to all parties while still controlling costs for employers. Workers’ comp reform has been an undeniable success for Oklahoma and this legislation will preserve and strengthen our successful reforms. I want to congratulate Senator Julie Daniels for a fantastic job in championing workers’ comp reform,” said Senate President Pro Tempore Greg Treat, R-Oklahoma City.

Senate President calls out OSC’s use of ‘special law’ to strike down workers’ comp provision

Senate leadership calls out Supreme Court’s use of ‘special law’ to strike down workers’ comp provision

OKLAHOMA CITY – Senate President Pro Tem Greg Treat criticized the Oklahoma Supreme Court’s use of the “special law” provision of the Oklahoma Constitution to strike down the non-economic damages cap of landmark lawsuit reform laws.

“It’s not surprising the Oklahoma Supreme Court struck down a lawsuit reform provision under the auspices of it being a ‘special law.’ The Supreme Court has previously demonstrated its dislike of lawsuit reform, and when the court doesn’t like a law they fall back to their old standby of using ‘special law’ or ‘single-subject rule’ to throw out constitutionally sound bills. If the Supreme Court can’t apply these standards in a consistent basis, then perhaps the Legislature should look at remedies that would bring uniformity to the application of these important provisions of the state constitution,” said Treat, R-Oklahoma City.

The court continues to go outside its constitutional lane of interpreting the law, said Senator Julie Daniels, the chair of the Senate Judiciary Committee.

“The courts are intended to be independent arbiters of the constitutionality of legislation, but you cannot fault Oklahomans for questioning that independence when the court haphazardly uses ‘special law’ and ‘single-subject rule’ to strike down laws the court does not like. This is an issue that merits further study by members of the Legislature,” said Daniels, R-Bartlesville.