Saturday, July 14, 2007

Update on State Constitutional Challenges

A previous post discussed the Oklahoma Supreme Court's decision to strike down part of the state's workers compensation laws. In that case, the Court found that the law inappropriately limited the worker's compensation court's ability to consider certain evidence in assessing the degree of a claimant's disability. (According to the Court, the law inappropriately [and unconstitutionally] restricted the worker's compensation court's determination of "impairment" and "disability" to the range of opinions provided by the treating physician and the independent medical examiner.)

The Court's momentous decision has apparently had a significant political response. The decision is the subject of an article in the Tulsa World, (available here and here), where certain lawmakers have "vowed to respond to the opinion." In the article, the paper quotes the Senate Democratic Leader (Mike Morgan) as saying that the legislature will respond in a positive manner in the next legislative session. Sen. James Williamson, who co-chairs the Senate Judiciary Committee, believes the ruling will negatively impact the state's ability to recruit businesses, and said it was a "key factor in the workers comp reform bill." Williamson was critical of the Court's decision to strike the statute, noting that "every time we make one step forward the Supreme Court puts us two steps back."

Welcome to Picher, Oklahoma

This billboard sits directly in front of City Hall in Picher, Oklahoma, located in the far northeast corner of the state. For those unfamiliar, the Picher mines supplied a large percentage of the zinc and lead used to manufacture bullets from World War II through early Vietnam.

Working the mines left behind enormous piles of chat that perpetually dust the surrounding community of 20,000 with a residue laden with zinc, lead and cadmium.


From the most recent EPA report (June, 2007): "[T]he percentage of children with elevated blood lead levels remains well above state and national averages." The full report can be found here.