Chiropractors cheer Oklahoma Supreme Court decision
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December 23, 2011
Oklahoma: Chiropractors and other unlicensed medical professionals are praising a decision by the Oklahoma Supreme Court this week that overturns part of a law enacted by the Oklahoma State Legislature. The high court ruled 6-3 that it is unconstitutional to prohibit anyone but unlicensed medical doctors from testifying in workers' compensation cases. [1]
In August, the legislature rewrote several provisions of the state's workers' compensation laws. Within the 88 provisions, the law stated that only a licensed medical doctor (or doctor of osteopathy) who was treating a claimant of permanent partial disability could testify on behalf of claimant. [2]
In its decision, the Supreme Court found that provision to violate the separation of powers between the legislature and the judicial branch. This is because it is the judiciary's responsibility to decide disputes in the court system, without interference from the legislature. With its action, the court violated only that aspect of the new law. [1]
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| This article was written by Katy Farrell, the Editor of Judgepedia. She can be reached at kfarrell@judgepedia.org. |
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