determining opt out provisions of the AWCA to be an unconstitutional special law in violation of Okla. Const. art. 5, § 59
How later courts described this case
- determining opt out provisions of the AWCA to be an unconstitutional special law in violation of Okla. Const. art. 5, § 59
- declaring the Oklahoma Employee Benefit Injury Act, 85A O.S.Supp.2015 §§ 201--213, an unconstitutional special law
- acknowledging that shall is generally considered a command
Written by the judges who cited it.
The opinion
COMBS, V.C.J.,
concurring specially, with whom Kauger and Colbert, JJ,, join:
¶ 1 I concur in the majority’s determination that the Employee Injury Benefit Act (Opt Out Act), 85A O.S. Supp. 2014 200-213 is an unconstitutional special law within the meaning of Okla. Const, art. 5, 59. Determining the special law issue to be dispositive, the majority declines to address other constitutional infirmities present in the Opt Out Act.
¶ 2 I write separately to emphasize that I would expand on the majority’s special law analysis and address other areas in which the Opt Out Act is constitutionally deficient. Specifically, in addition to being an unconstitutional special law because it subjects injured workers to disparate- court procedure and process, the Opt Out Act fails to provide adequate due process protections. My reasons remain the same as those I set out previously in my separate writing in Coates v. Fallin, 2013 OK 108 , 316 P.3d 924 .