Okla. Top Court Finds WCC’s Ruling Violated Worker’s Due Process Rights

Tulsa, OK (WorkersCompensation.com) -- The term "due process" raises images of constitutional law classes and contested criminal law proceedings.

But as Oklahoma's highest court demonstrated in Cantwell v. Flex-N-Gate, No. 120189 (Okla. 12/12/23), due process considerations may come up in workers' compensation cases as well.

Facts, Law

Throughout his employment, a worker suffered numerous work-related injuries, eventually receiving awards for benefits that included permanent partial disability.

After a change in the law, the worker experienced three more injuries. An administrative law judge awarded the worker PPD benefits but denied payment, finding that state law precluded the worker from receiving more than 350 weeks of PPD benefits.

The Oklahoma Workers' Compensation Commission affirmed the ALJ's award, prompting the worker to appeal to the Oklahoma Supreme Court.

At the time of the worker's first batch of injuries, Oklahoma law provided that the fact that an employee had suffered previous disability or impairment or received compensation therefore did not preclude the employee from compensation for a later accidental personal injury or occupational disease.

However, in determining compensation for the later accidental injury or occupational disease, the employee's average weekly wages were the sum as would reasonably represent the employee's earning capacity at the time of the later injury or disease.

Additionally, if there was a previous impairment, compensation for permanent disability was only for such amount as was caused by the accidental injury or occupational disease and no additional compensation was allowed for a preexisting disability or impairment.

The sum of all permanent partial disability awards could not exceed 100 percent PPD, and an individual could not receive more than 520 weeks' compensation for PPD.

For claims arising after Feb. 1, 2014, a change in Oklahoma law limited PPD awards to 350 weeks.

Substantive Due Process

In the worker's case, the Oklahoma Workers' Compensation Commission found that the law limited his award of permanent PPD benefits to 350 weeks, even though he had not yet reached 100 percent PPD to any body part or the body as a whole.

On appeal, the Oklahoma Supreme Court held that the 100 percent limitation on PPD benefits controlled over the number of weeks when awarding compensation for PPD where a claimant has compensable awards for job-related injuries.

Workers' Comp 101: The due process clause of the Oklahoma Constitution states, "No person shall be deprived of life, liberty, or property without due process of law." The state constitution also states that the repeal of a law "shall not ... affect any accrued right."

According to the court, the WCC's decision upholding the ALJ's ruling deprived the worker of his due process rights because it retroactively applied the 350-week limitation over the percentage limitation.

"Throughout the past 30 years, the 100 percent limitation on PPD benefits has been the floor for payment of PPD benefits and has remained the same for every claimant," the court explained. "The Commission's retroactive application of [the 350-week rule] affects [the worker's] substantive right to 100 percent impairment."

Thus, the court vacated the commission's order and remanded the case.

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