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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 85A. WORKERS' COMPENSATION

  § 85A-213. Constitutionality of act.  

Latest version.

  • A.  In any action brought to challenge, in whole or in part, the constitutionality of this act, any party to such action may take a direct appeal from the decision of any lower court to the Supreme Court and the Supreme Court shall retain the appeal.  The Supreme Court on an expedited basis shall consider any such appeal.

    B.  To the extent this act, or any part thereof, is declared to be unconstitutional or unenforceable, it is specifically intended that:

    1.  For partial invalidity of this act, where any section of this act is ruled to be unconstitutional or invalid, the same shall not affect the validity of this act as a whole, or any part thereof other than the part so decided to be unconstitutional or invalid;

    2.  Any employer that became a qualified employer under this act shall not be deemed to have failed to secure workers' compensation insurance;

    3.  The rights and obligations of a qualified employer and its employees shall be subject to the exclusive remedy provisions of Section 5 of this act and an employer that becomes a qualified employer under this act shall be liable for injury to employees only to the extent to which an employer that complied with the provisions of the Administrative Workers' Compensation Act would be liable to employees in compensation for such injuries under the Administrative Workers' Compensation Act; and

    4.  A qualified employer shall have ninety (90) days from any final decision declaring this act or any part thereof unconstitutional to secure compliance with the Administrative Workers' Compensation Act.

Added by Laws 2013, c. 208, § 120, eff. Feb. 1, 2014.