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Oklahoma law limiting evidence in workers' comp cases struck down.

Publication: Trial
Publication Date: 01-OCT-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Oklahoma Supreme Court has ruled that a state law that prohibits workers' compensation claimants from introducing testimony from their own physicians is unconstitutional. The court found that these "restrictions on the workers' compensation court ... attempt to predetermine the range of the adjudicative facts and impermissibly invade the judiciary's exclusive constitutional prerogative of fact-finding." (Conaghan v. Riverfield Country Day Sch., 163 P.3d 557 (Okla. 2007).)

"This decision was a great victory for working people in Oklahoma who get hurt on the job," said Marvin Spears, a Tulsa lawyer who represented the plaintiff, Vicki Ann Conaghan. "Now we can really help those people."

At issue was a 2005 amendment to the state's workers' comp laws....

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