Court of Appeals finds part of Workers’ Compensation Act unconstitutional

Eight years after Robert Young fell to his death while working as a roofer for Oklahoma Roofing and Sheet Metal company in Oklahoma City, his death has led to the state Court of Civil Appeals  declaring part of the Oklahoma Workers’ Compensation law unconstitutional.

In a ruling this month, the court declared that the exclusive liability provision of the law was unconstitutional and overturned a district court ruling that dismissed a lawsuit brought by Young’s daughter, Crystal Wells.

The Court of Civil Appeals said the statute was “constitutionally infirm as a special law in violation” of the state constitution.

Young died June 27, 2011 while he was working on the roof of a three-story building. The court ruling revealed he was required by the company to unhook his single line lanyard requiring him to cross over two coworkers. He walked 10 feet beyond and fell, landing on an awning 30 feet below, then rolled off and fell onto bricks on the ground 12 feet below. He was killed instantly.

In the lawsuit brought by Young’s daughter, it was pointed out that Oklahoma Roofing and Sheet Metal, Inc. had been cited before Young’s death, for a violation related to the duty to have a sufficient fall protection system. The suit also claimed that the roofing company was a “repeat violator of the Occupational and Safety Health Administration’s safety rules.” OSHA fined the company over Young’s death.

The lower court initially ruled the company was not liable and dismissed the case. The Appeals Court reversed the ruling and remanded the case back to the lower court for further proceedings.