Ever since Oklahoma’s workers’ compensation statute underwent a major overhaul in February 2014 and changed from a court-based system to an administrative commission-based system, the question of how workers’ compensation retaliatory discharge claims would be handled has been a moving target. Plaintiffs’ lawyers have shown great resistance to bringing these claims before the Workers’ Compensation Commission because of the Commission’s caps on available damages, lack of access to a jury and the Commission’s general lack of familiarity with the claims and legal standards to be used when judging them. Meanwhile, employment defense attorneys and the employers they represent have viewed this development as a welcome relief, as these kinds of retaliatory discharge claims have greatly reduced in volume and potential liability. More.
