John Todd Willhoite

J. Todd Willhoite is a Claremore attorney who has been practicing in Claremore since 1991. He handles probate law, wills and trusts, estate planning, Social Security Disability, personal injury law, and workers' compensation law.

Oklahoma

University of Oklahoma

J.D.

1991

Oklahoma State Bar

Member

Current

Oklahoma Bar Association  # 14840

Member

Current

Q. have there been any new developments or changes in worker's compensation laws in Oklahoma

May 12, 2016

A: In 2014 Oklahoma switched from a court system to an administrative system. For injuries occurring on or after February 1, 2014 the claim is processed through the administrative system. The change in the law from the old system to the new system are significant. The full extent of the new law is under review through the court system which is interpreting the new law. For example on April 12, 2016 the Oklahoma Supreme Court decided Maxwell v. Sprint PCS 2016 OK 41 and clarified the permanent partial disability deferral provision under the new law is unconstitutional. The Court recognized the way the legislature wrote the law they awarded some compensation for permanent injuries, but then took it away with deferral, leaving no compensation for any permanent impairment suffered by a worker. The Court further found the way the law is written the AMA Guidelines 6th edition does not apply to scheduled members (arms, hands fingers, legs, feet, toes). This is only one example of the uncertainty under the new law that is being interpreted and clarified by the courts. So yes there have been major changes for people injured on February 1, 2014 and after. (For cumulative trauma cases with dates of awareness before 2/1/2014 they may be covered under the old law.) ... Read More