OKLAHOMA CITY - House Republicans united behind a comprehensive workers compensation reform bill that was ardently sought by leadership and business interests and overpowered Democratic opposition with a 74-24 vote on Wednesday that would seem to all but settle the matter.
Wednesday's vote did not send Senate Bill 1062 to Gov. Mary Fallin, but it did indicate that House Republicans would not be split over workers compensation reform as they were a year ago, when a coalition of Democrats and tea party and labor-friendly Republicans combined to defeat a more modest proposal.
This time, the broader-reaching SB 1062 got every Republican vote cast plus four from Democrats. One Republican, Doug Cox of Grove, was absent. Another, Mike Reynolds of Oklahoma City, was present most of the day but did not vote on the bill.
The reform bill passed Wednesday is not only significantly different from the one that went through the Senate in the opening days of the session but also from the one passed by the House Judicial Committee last week. The bill ultimately adopted was in fact a 284-page floor amendment, dropped after 7 p.m. Monday, that changed all but two of 194 sections.
The basic outline of the proposed reforms did not change, however. SB 1062 would still transform Oklahoma's workers compensation system from the current courts to an administrative form while also allowing employers to set up alternative benefit systems.
Business interests were delighted. Even opponents of the bill agree that the state's workers compensation costs are unusually high, and supporters of SB 1062 said it would go a long way toward lowering those costs.
"With these reforms, costs to Oklahoma businesses will be reduced and employees will have a quicker, more efficient process when injured on the job," said Tulsa Regional Chamber of Commerce President Mike Neal. "These long-overdue changes will bolster Oklahoma's ability to attract and retain businesses and in turn enhance our job opportunities and economy."
State Chamber President Fred Morgan said: "This is the most important piece of reform legislation to our state's workers compensation system in more than two decades. In fact, it is one of the most important pro-business bills passed in the history of our state."
The chambers and other business interests applied considerable pressure. The Research Institute for Economic Development, an advocacy organization whose board includes some of the state's most prominent businessmen, informed House members that Wednesday's vote would count the maximum 20 points on its rating of legislators.
The wheedling apparently reached such a level that Minority Leader Scott Inman, D-Del City, filed an amendment to SB 1062 reading, "No lobbyist ... shall threaten a legislator in any manner whatsoever that they will seek to find a primary or general election opponent to run against the legislator for acting or failing to act in their official capacity as a legislator."
That amendment, and 10 others by Inman and Rep. Richard Morrissette, D-Oklahoma City, were never heard.
With Inman absent because of a family emergency, Democrats tried without much success to rattle the cage of Rep. Leslie Osborn, R-Mustang, who presented the bill for Speaker T.W. Shannon. Osborn, who is chairwoman of the House Judiciary Committee but who is not an attorney, was backed by two lawyers from the Republican caucus, Mark McCullough of Sapulpa and Jon Echols of Oklahoma City, who moved into the desks next to Osborn's microphone and fed her answers through three hours of discussion and debate.
In essence, Osborn argued that the current system has failed both employers and injured workers and that SB 1062 includes provisions that would benefit both. Switching to an administrative system should reduce litigation and therefore legal and medical costs, and the bill offers some incentives for retraining, proponents say.
Opponents say any savings from the change would come from a 30 percent reduction in long-term benefits in a system that is set up to favor employers, at least for the foreseeable future.
The new system would be run by a three-member commission.
Most of Wednesday's discussion focused on the optional coverage feature, which allows employers to bypass the state workers compensation system altogether by covering workers with a form of self-insurance.
Osborn tried to calm fears that the so-called "opt-out" would be a disaster for injured workers by pointing out that SB 1062 would require those taking that course to offer the same benefits as the state system.
Rep. Jeannie McDaniel, D-Tulsa, said she is concerned that the changes would hurt the working poor and that efforts to control workers compensation costs are misdirected.
"It may not be the system," she said. "It may be the way we value health care in Oklahoma."
The bill now goes back to the Senate.
Roll call
Voting yes: Armes, Banz, Bennett, Biggs, Billy, Blackwell, Brumbaugh, Casey, Christian, Cleveland, Cockroft, Coody, Cooksey, Dank, Denney, Derby, DeWitt, Echols, Enns, Fisher, Grau, Hall, Hardin, Henke, Hickman, Hulbert, Jackson, Johnson, Jordan, Joyner, Kern, Kirby, Kouplen, Scott Martin, Steve Martin, McBride, McCall, McCullough, Randy McDaniel, McNiel, Moore, Mulready, Murphey, Nelson, Newell, Nollan, O'Donnell, Ortega, Osborn, Ownbey, Perryman, Peterson, Pruett, Quinn, Ritze, Dustin Roberts, Sean Roberts, Russ, Sanders, Schwartz, Sears, Shannon, Smalley, Stiles, Thomsen, Trebilcock, Turner, Vaughan, Walker, Watson, Wesselhoft, Williams, Wood, Wright.
All are Republicans except Kouplen, Perryman, Pruett and Williams, who are Democrats.
Voting no: Brown, Cannaday, Condit, Dorman, Floyd, Fourkiller, Glenn, Hamilton, Hoskin, Lockhart, Matthews, Curtis McDaniel, Jeannie McDaniel, McPeak, Morrissette, Pittman, Proctor, Renegar, Rousselot, Scott, Shelton, Sherrer, Shoemake, Virgin.
All are Democrats.
Excused: Cox, Inman, Reynolds.
Source: Oklahoma House of Representatives
Randy Krehbiel 918-581-8365
randy.krehbiel@tulsaworld.com
Original Print Headline: Workers comp bill approved by House