Court says law can't bar evidence

Associated Press - July 12, 2007 9:15 PM ET

OKLAHOMA CITY (AP) - The Oklahoma Supreme Court invalidates part of a state law that bars medical evidence from a doctor hired by an injured worker to be presented in a workers' compensation case.

The court said it's unconstitutional to restrict the Workers Compensation Court from hearing evidence relative to a workers' comp claim.

The law was passed during a special legislative session in 2005 and signed by Governor Brad Henry. It represented a compromise after lawmakers couldn't agree during the regular session.

The provision in question allowed the employer to choose the "treating physician" in a workers' comp case, who would rate a worker's percentage of disability. A second doctor, or "independent medical examiner," also could be brought in to rate the injury.

The law allowed a judge to choose either recommendation or a percentage between the recommendations of the two doctors. Evidence from the personal doctor of a worker could not be presented.

The decision was applauded by state Democratic Party Chairman Ivan Holmes, but condemned by Mike Seney, Oklahoma Chamber senior vice president for operations.