Rep. McCullough planning new workers’ comp reform bill
State Rep. Mark McCullough will file legislation to overhaul Oklahoma’s workers’ compensation system to increase benefits for the injured while also driving down costs for employers.
“This is a very serious effort to restructure our system that has been designed with the input of numerous experts over several months,” said McCullough, a Sapulpa Republican who is also an attorney. “Oklahoma’s current workers’ compensation system fails both injured employees and their employers and actively discourages economic growth. It’s time to make a significant change.”
Although many people devoted hundreds of man-hours to developing the proposal, McCullough highlighted two in particular for their work: state Rep. Lewis Moore and Mike Seney, senior vice president of Operations for The State Chamber.
“Without Mike’s leadership, this would not have been possible and Representative Moore, as a freshman legislator, really stepped up to bring his expertise in risk management to the table,” McCullough said.
“In light of the national recession and state budget cuts, it is more important than ever to create a climate for business and job growth in Oklahoma,” said Moore, R-Edmond. “Workers comp reform has to be a cornerstone of that effort.”
The legislation would keep the current, often-criticized Workers’ Compensation Court for existing claims, eventually phasing out the court as all current cases are resolved. The number of judges would be reduced from 10 to four and the court would only handle cases filed before the effective date of the proposed law. All judges would be gubernatorial appointees subject to Senate confirmation and all would be required to have at least five years of experience in workers compensation issues in Oklahoma.
McCullough noted a 2010 state question authored by state Rep. Dan Sullivan, R-Tulsa, will also allow voters to require Senate confirmation of the judicial positions.
The central reform of the bill creates a three-member “Workers’ Compensation Commission” to run Oklahoma’s workers’ compensation system for all claims filed after the bill’s effective date. The three members would include one attorney, one physician and one industry professional. Each must have five years experience in Oklahoma workers’ compensation issues.
The commission members would be gubernatorial appointees subject to Senate confirmation and reviewed for reconfirmation every four years.
“Why would lawyers be the only people given authority over our workers’ compensation system when doctors, employers and other industry professionals are also involved?” McCullough said.
The three-member commission would oversee an administrative law judge (ALJ) system. Each ALJ, who would be hired by the commission, would be assigned to handle cases in specific counties (one each in four regional quadrants and two each in Oklahoma City and Tulsa). The bill would also establish a chief medical officer under the oversight of the commission who would be charged with medical evaluation of worker injuries.
“Taking the medical component out of the courtroom and back into the doctor’s office is a key component of this legislation,” McCullough said. “By separating the legal and the medical, we can reduce the adversarial nature of the process, get people treated and back to work, and reduce costs for employers. This reform will ensure medical ratings are handled in a professional, independent fashion and drain the fever swamps of litigation.”
Under the legislation, all hearings would be recorded and made public.
To maximize worker benefits, the bill enacts a value-added clause for attorney fees. If a settlement offer is rejected and a claim taken to trial, the attorney’s fees would be taken only from the amount won in excess of the initial rejected settlement offer.
“This provision will reduce the incentive for attorneys to needlessly litigate when a legitimate settlement claim has been put forth,” McCullough said.
In addition, the bill would make it illegal for attorneys to withhold a portion of a worker’s settlement to use for political contributions.
“Unfortunately, there have been reported cases where lawyers skimmed money from their clients to fund the campaigns of political patrons,” McCullough said. “That’s not right. If an employee wants to contribute to a political campaign, that is his or her personal decision and they should not be unwittingly funding campaigns as part of a settlement agreement.”
A similar campaign funding proposal was authored by Sullivan during the 2009 session.
“Several of Representative Sullivan’s ideas have been folded into this bill because we want every good idea we can find in this omnibus measure,” McCullough said. “There’s no point in reinventing the wheel.”
McCullough has been studying workers compensation issues for over two years and his legislation was drafted over nine months with input from a working group of diverse individuals and experts that included doctors, chiropractors, insurance company executives, legislators, business leaders, small business owners, certified workplace medical plan managers, former Workers’ Compensation judges…and even a workers’ compensation lawyer.
“I realize this proposal may be just one of many workers compensation reforms that will be considered in the next legislative session,” McCullough said. “This bill is aimed at providing turnkey legislation on an administrative system should lawmakers desire to go that direction. Obviously, I am an advocate of the working group’s efforts, but I also understand the importance of gaining consensus from as many parties as possible so that we can truly craft a workers’ compensation system that works for all Oklahomans. Maybe this bill can serve as a starting point for that very important discussion.”
Frank Keating joins road efforts
The Transportation Revenues Used Strictly For Transportation (TRUST) road funding coalition announced the addition of Oklahoma’s 25th Governor, Frank Keating, as the new co-chairman of their coalition and efforts to launch a 2010 campaign to increase Oklahoma’s federal road funding, as well as plans to protect state funding.
Keating expressed that adequate infrastructure should be a fundamental priority of government at every level, “During my time as governor, rebuilding our roads and bridges was a top priority. I continue to believe that until we adequately invest in our state’s transportation system Oklahoma will always lag behind in jobs, prosperity and public safety. That is why I am so pleased to join TRUST in their efforts.”
Keating is replacing Tom Love, CEO of Love’s Travel Stops & Country Stores, who served as TRUST co-chairman for four years and will now serve as chairman emeritus.
Keating was introduced by Neal McCaleb, former state secretary of transportation and director of the Oklahoma Turnpike Authority during the Bellmon and Keating administrations, and now serves as president of TRUST. McCaleb expressed it was a pivotal time for Oklahoma when it comes to transportation issues, “The current inaction of Congress in renewing federal highway funding is costing our state millions.
“And the reality is the federal fuel tax simply is not sufficient to maintain our state’s roads and bridges. We are going to have to be innovative, think outside the box and put all possible alternative funding methods on the table.”
The group will launch a public relations and legislative effort at federal and state levels for Oklahoma with the next renewal of federal highway law, and to protect state road funding during the next legislative session.
Tribes contribute to state highways
The Oklahoma Department of Transportation director told a House committee that tribes have assisted the state with 39 projects over the last six years to the tune of $72 million for roads and bridges.
Director Gary Ridley noted that the tribes have been helpful to both the state and local governments on a variety of issues. He spoke at a House Transportation Committee interim study requested by state Rep. T.W. Shannon on tribal road program partnerships.
“I requested the study because I thought there might be real opportunities for the tribal governments and the state of Oklahoma to work together on some road and bridge projects to the benefit of all Oklahomans,” Shannon, R-Lawton, said.
Bill Blankenship, director of transportation for the Choctaw Nation, told the committee that the tribe and state are currently working together on a 50-50 projects on roads within the 10 counties they encompass.
“Working together, the state of Oklahoma and the tribes may be able to get more accomplished,” Shannon said. “I would like to see more of these type of joint projects.”
Truman Carter, the transportation director of the Iowa Nation, said the tribe has been able to triple transportation funding in Lincoln and Payne counties.
Both the Chickasaw Nation and Cherokee Nation are currently using stimulus funds on Oklahoma road and bridge projects. Michael Lynn, roads program director for the Cherokee Nation said they had received $11.3 million in stimulus funds.
Zac Hawkins, transportation planner for the Chickasaw Nation, said they are using stimulus funds for two bridge projects in McClainCounty.
He noted that the Bureau of Indian Affairs gets $25 million for maintenance but Oklahoma sees zero of those dollars because they only go to fund BIA-owned roads.
The Indian Reservation Roads (IRR) program is federally funded and must comply with federal regulations and be a priority to the tribe, serve tribal citizens, be on the IRR inventory and be on the Tribal Transportation Improvement Plan, Hawkins said. He also noted the focus was on upgrading dangerous roads in high traffic areas.
“I think the study shows we should do more to work together,” Shannon said. “Roads and bridges were long neglected in Oklahoma and we should do anything we can to improve the state’s transportation infrastructure.”
Brogdon will speak to Bixby GOP
State Sen. Randy Brogdon, who is running for governor, will speak to the Bixby Republican Club at 7 p.m. Dec. 8 at the Pizza Shoppe Restaurant in Bixby.
Brogdon has served the Owasso area for many years as a church volunteer, businessman, mayor and as state senator.
“His common sense approach to government has been admired by local conservatives who are increasingly concerned about the erosion of our country’s patriotism and values,” said a spokesman for the club. “As a self defined Constitutional Conservative, Randy has authored and sponsored many legislative works that limit governmental intrusion, and protect the rights of citizens that are clearly defined in both the Oklahoma State Constitution, and the U.S. Constitution.”
DA’s Christmas Tree honors crime victims and survivors
Victims and survivors of violent crime are invited to place an ornament on a Christmas Tree in honor of a loved one this Christmas season at the Buddy LaFortune Community Center, 5202 S. Hudson Avenue.
A tree lighting ceremony will be conducted Dec. 3 at 6:30 p.m and the trees will remain on display throughout the holidays. Victims and survivors across northeastern Oklahoma are invited to participate.
“The Christmas holidays bring joy to many, but for those who have lost a loved one or survived the trauma of violent crime, this time can be especially difficult,” said Tulsa County District Attorney Tim Harris. “It is our hope that this tree lighting ceremony will be one small step on the path to heal from the trauma of violent crime.”
Ornaments will be hung by victims and survivors during the ceremony. Those who are unable to attend may mail an ornament to be placed on the tree. Ornaments can be anything that has meaning to the survivor or victim, but should be the appropriate size to hang on a tree. After the holidays, ornaments will be stored until next season.
For more information, contact Gayla Stewart, Victim/Witness Coordinator in the U.S. Attorney’s Office, 110 W. 7th St., Suite 300, Tulsa, OK 74119.
OKWU Prelude to Christmas will be November 28
Oklahoma Wesleyan University cordially invites the community to what is now a Bartlesville tradition. On November 28, the sixth annual “Prelude to Christmas” concert will be held at 7 p.m. in the Lyon Chapel, featuring the Bartlesville Symphony Orchestra, the Bartlesville Choral Society Carolers, and baritone Jonathan Stewart.
“With the festivities of Thanksgiving upon us, and the frenzy of holiday shopping beginning, it is more important than ever that we all take a moment to remember the reason for the season. That is the whole purpose of celebrating together in song” said Dr. Randy Thompson, vice president for Institutional Advancement. “This is an opportunity for the community to gather on Saturday evening for a moment of wonder and then to gather in our individual churches the next morning to celebrate the first Sunday of Advent.”
“I hope everyone will join OKWU and the Bartlesville Symphony Orchestra during this time of song and celebration as we thank God for the gift of joy and peace that comes through His Son, Jesus Christ,” said OKWU president Dr. Everett Piper.
The program, under the direction of Maestro Lauren Green, will feature Christmas favorites in arrangements for full orchestra, as well as silhouettes of small ensembles playing arrangements by the Mannheim Steamroller. During the silhouettes, inspiring Christmas art will be presented on an overhead screen. “There is something very special and unique about nativity songs like Away in a Manger and Silent Night. Equally nostalgic are holiday songs like White Christmas” according to OKWU First Lady, Marci Piper.
Green said, “Christmas is a special time for everyone. The combination of the setting at OKWU, gorgeous music of the season, the sound of a full symphony orchestra and the overriding awareness and emphasis of God’s gift to us in Jesus is a wonderful opportunity to present a delightful time for the entire family.”
The concert finale features an orchestral piece titled Messiah, Prince of Peace with a narration given by Fr. T. Lee Stephens, reminding us all that the Light of the World has come. Following the concert, guests will be escorted down a lighted path to the newly constructed patio in front of the Janice and Charlie Drake Library as the university turns on the lights of the La Quinta Mansion. A fireworks show will then light up the sky.
Tickets for the event are $10 for adults, $5 for students/children with a $25 family special. Reserved seating is $15 per seat. Phone 918-335-6801 between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday or purchase online at www.okwu.edu/prelude.
Rhema display will have more than 1.5m lights
Horse and buggy rides, hot chocolate, funnel cakes, pictures with Santa, and a spectacular extravaganza of over 1.5 million Christmas lights.
That’s the scene on the RHEMA Bible Church campus each night from Thanksgiving Eve to New Year’s Day. Introduced in 1982 with approximately 60,000 lights, the RHEMA Christmas display draws thousands of visitors each year.
This year, the display on the RHEMA park bridge will feature over 72,000 lights - 12,000 more than last year. And throughout the park, various lights will be synchronized to Christmas music. Visitors will pass Victorian carolers, as well as North Pole penguins and polar bears - all outlined in lights. And there is a 50-figure nativity scene.
The display begins on November 25 at 6 p.m. as the Kenneth Hagin family activates the lights at the annual “flip-the- switch” ceremony, followed by Hour of Power at RHEMA Bible Church.
Concessions and pictures with Santa will be available from 6-7 p.m. and 8:15-9 p.m. that evening, and from 6-9 p.m. on Friday and Saturday evenings through December 19.
Horse and buggy rides will be available on November 25 from 8:15-9 p.m.
Rides will also be available November 26 through 28, and Friday and Saturday evenings thereafter, beginning at sundown. Starting December 18, buggy rides will be offered every night through December 26. A family package is available.
For information, log onto www.rhemabiblechurch.com/christmas or call 918-258-1588, ext. 2314.
Commissioner Fred Perry to run again in ‘10
Tulsa County Commissioner Fred Perry announced that he planned to run for re-election for county commissioner in 2010.
“It has been an honor to serve District 3 and all of Tulsa County these last three years. We’ve accomplished much but there is more to do to make Tulsa County and Expo Square even more efficient, responsive and effective for the benefit of the constituents.” Perry said.
As examples of accomplishments, Perry pointed to his leadership in establishing a policy by which the chairmanship of the fair board rotates each year. In the past, the BOCC chairman chaired both boards simultaneously, along with other boards and commissions. This new system allows the commissioners to be pro-active, rather than simply reactive to problems and opportunities.
“This has made for greater efficiency and productivity at the county and at Expo Square,” Perry said.
As 2008 chairman, Perry said he led in implementing many of the recommendations of the 2007 Performance Audit task force and began dealing with energy efficiency which is expected to save Tulsa County millions of dollars in the future. He brought about the improvement of the county web site which, along with subsequent work by Commissioner John Smaligo and other county officers this year, led to an A+ rating “for transparency” to Tulsa County from the national Sam Adams Sunshine Review Project, one of only five counties in the country to receive such a high rating.
At Expo Square, in 2007 and 2008, along with the other members of the Fair Board, Perry helped oversee the completion of the construction of three major buildings and the reconstructed midway. As 2009 chairman, he led the search for a new CEO and, along with CEO Mark Andrus, played a significant role in cost reduction and new business at Expo Square. Perry appointed himself to lead the committee studying alternatives dealing with the use of former Driller Stadium at 15th Street and Yale Avenue. Perry led the effort to go to the public for their input via an online survey questionnaire. The public responded by submitting over 2,000 completed questionnaires.
“We will make a recommendation to the board before the end of the year.” Commissioner Perry said.
Perry also pointed to a number of District 3 road projects that have been completed during his term including the widening/improvement of the intersection of 101st and Memorial, numerous overlay projects such as between Sheridan Road and Memorial Drive on both 91st and 101st streets. Bids will go out shortly for the widening of 193rd East between 101st and the Creek Turnpike and the widening of the 111th and Sheridan Road intersection. The widening of Garnett Road between 81st and 91st streets is expected to begin next spring followed by 91st to 101st streets later in 2010. The intersection of 111th Street and Mingo Road is on the drawing board as are many street overlay projects in Bixby.
“The county construction crews did or will do all of these projects but in some cases the material was provided by the appropriate city government,” said Perry. “Our District 3 crew has also done a good job of taking care of pot holes, maintaining the roads and mowing the grass along side the county roads and addressing drainage issues.”
District 3 includes South Tulsa, the South 3/4 of Broken Arrow, Bixby and south midtown. The 2010 primary for state and county offices will be on July 27 with the general election November 2.
Perry worked in the business world, in the area of information technology, for thirty years before running for office in 1994 when he was elected to the Oklahoma House of Representatives. He was sworn in as county commissioner in January of 2007. He and his wife Marcia live in Broken Arrow. They have two adult children and three grandchildren.
As a commissioner, Perry supported a public vote on the controversial River Tax, which was turned down by county voters in 2008.
Food Bank needs contributions for Tulsa’s needy
The U.S. Department of Agriculture’s Economic Research Service (USDA) reported that 14 percent of Oklahoma residents are “food insecure,” meaning that they lack consistent access to adequate amounts of nutritious food, and 5.9 percent are considered very low food secure, what the USDA previously defined as “food insecurity with hunger.”
This places Oklahoma as the fourth hungriest state in the nation and sixth in food insecurity. Last year Oklahoma was the eighth hungriest state in the nation and seventh in food insecurity.
Demand at the Community Food Bank of Eastern Oklahoma is up approximately 40 percent over this time last year, according to Sara Waggoner, the executive director of the Food Bank.
“This report confirms what we’ve known for more than a year now: that many of our neighbors are finding it hard to feed themselves and their families,” said Waggoner. “It is important to note that the USDA numbers reflect what was happening in 2008. Since then, the economy has significantly weakened, and there are likely many more people struggling with hunger than this report reflects.
“We continue to work on the front lines providing enough food to feed 621,000 people per month through our 450 Partner Programs in 24 counties of Eastern Oklahoma,” said Waggoner. “These organizations, many of which are grass root and faith-based centers operated solely by volunteers, serve as an oasis for the more than 50,000 people who seek relief weekly to help feed themselves and their families.”
“National socio-economic indicators, including the escalating unemployment rate and the number of working-poor, lead us to believe that the number of people facing hunger will continue to rise significantly over the coming year,” said Vicki Escarra, president and CEO of Feeding America, the nation’s leading hunger-relief organization of which the Community Food Bank of Eastern Oklahoma is a member,.
“Research on previous economic recessions indicates that people who fall into the grips of poverty in a time of recession often times never recover. Many of those people are likely to be in need of our services now or in the future.
“Feeding America and its network food banks will continue to work closely with our partners at USDA to ensure that the public and charitable sectors are keeping pace - as best we can - with the dramatically increasing needs for food assistance.”