# VASQUEZ v. DILLARD'S, INC.

> Supreme Court of Oklahoma · September 13, 2016 · 381 P.3d 768

URL: https://www.frixlaw.com/law-library/cases/9836066

## Case

- **Full name:** Jonnie Yvonne VASQUEZ, Plaintiff/Respondent, v. DILLARD’S, INC., Qualified Employer, Defendant/Petitioner
- **Court:** Supreme Court of Oklahoma
- **Decided:** September 13, 2016
- **Citations:** 381 P.3d 768; 2016 OK 89; 2016 Okla. LEXIS 92; 2016 WL 4804078
- **Precedential status:** Published
- **Opinion:** Concurrence by Combs
- **Judges:** Reif, Combs, Kauger, Watt, Edmondson, Colbert, Gurich, Winchester, Taylor
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9836066

## How later opinions describe it (automated extraction)

- acknowledging that shall is generally considered a command

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9836066. Public record. Not legal advice.