A district judge threw out a portion of a case involving Flint Energy Services, ruling a provision of Oklahoma’s 2013 workers’ compensation reform legislation is unconstitutional.
Grady County District Judge Richard Van Dyck ruled Monday that the state constitution doesn’t allow employers or their insurance companies to seek subrogation of workers’ compensation death benefits.
The case stems from the October 15, 2014 death of Cary Rogers, a UPS truck driver who died when a truck operated by Scott Sims crashed into his vehicle as it was parked on the shoulder of the H.E. Bailey Turnpike at 3 a.m. Sims was the driver of a truck owned by Tulsa-based Flint Energy Services.
UPS paid death benefits to Rogers’ family through workers’ compensation, but the company intervened in a separate wrongful death lawsuit the family filed against Flint and the estate of Sims.
Senate Bill 1062 allowed companies to recover the cost of death benefit payments from the responsible third party. Under the law, UPS could have been reimbursed for its entire payout, leaving whatever was left over to Rogers’ wife and child.
“Our constitution says you can’t place a limit on wrongful death damages,” said Kevin Hill, an attorney representing Rogers’ family. “Basically, UPS is trying to take that money back from the family.”
A spokesman for UPS indicated that the company will not appeal the ruling.
