After our Courts terrible decision in Horton v. OHSU ( CLICK HERE TO READ) I don’t think they could find a way to declare any aspect of Oregon’s Workers Compensation act unconstitutional. In Oklahoma, however, the Supreme Court did just that. Workers’ Compensation is often characterized as the “Grand Bargain”. Workers give up the right to sue employers in negligence. Employees give up the right to recover damages for pain and suffering. Employers give up the right to require that employees prove negligence. Employees get medical care and wage replacement for their injuries. While the benefits are reduced many more people get covered. When that bargain begins to unravel because one side gets too much, then the Court needs to step in and force the parties back toward the true bargain.
CLICK HERE TO READ the story about the Oklahoma decision.