LAWMAKERS DRAFT REASONABLE PLAN

A measure passed Tuesday during the legislative special session that will
both bail out a special injury fund and institute new workers compensation
reforms appears to be a reasonable compromise. Lawmakers and other
interests that went to work on the plan are due a round of applause for
rolling up their sleeves and getting these difficult matters addressed.

The Multiple Injury Trust Fund, which provides payments to Oklahomans who
have suffered more than one on-the-job injury and who are partially or
totally disabled as a result, had sent out the last payments existing funds
would allow. Several thousand Oklahomans faced uncertain futures as a result.

A previous plan for providing continuing income to the fund did not
generate enough revenue. The fund also was under court orders to pay
past-due judgments totaling about $70 million.

The new plan approved Tuesday sets up a premium assessment formula that
will generate new income for the fund. Employers who experience losses as a
result of the assessment would be eligible for tax credits.

The bill does not provide immediate new funding for the trust fund, but it
is believed the fund can borrow again from the state workers comp insurance
fund to meet short-term needs.

Lawmakers also agreed to several workers comp reforms after Gov. Frank
Keating and other GOP leaders insisted that any bail-out plan for the trust
fund also include some new reform steps.

The initial reforms proposed were strongly opposed by some lawmakers and
workers' interests. The initial reforms called for allowing employers to
choose doctors and to seek drug testing after workplace injuries occurred.

The compromise allows employers to test for drugs or alcohol if there is a
"reasonable suspicion" an injury resulted from such usage. If a test is
positive, an employee would have to prove the injury did not result from
the drug or alcohol use in order to receive benefits.

The new measure allows employers to select treating physicians in certain
instances but also would allow employees to request a change under certain
conditions.

Needless to say, the measure isn't perfect, but it is as good as can be
expected. Lawmakers proved that they can come up with acceptable
compromises under pressure when the situation calls for it.