Vasquez v. Dillard’s Inc.

by
Jonnie Vasquez, a Dillard's store employee, injured her neck and shoulder as she lifted shoe boxes while working. She filed claims for benefits under Dillard's Opt-Out plan, which were ultimately denied. The employer sought removal to federal court on grounds that the federal court had exclusive jurisdiction under the Employee Retirement Income Security Act (ERISA). The United States District Court for the Western District disagreed and remanded the case to the Workers' Compensation Commission. The Commission found that the Opt Out Act: (1) constituted an unconstitutional special law; (2) denied equal protection to Oklahoma's injured workers; and (3) denied injured workers the constitutionally protected right of access to courts. Dillard's appealed. At issue was a challenge to the constitutionality of the Opt Out Act. After review, the Oklahoma Supreme Court concluded that the core provision of the Opt Out Act, created impermissible, unequal, disparate treatment of a select group of injured workers. Therefore, the Court held that the Oklahoma Employee Benefit Injury Act was an unconstitutional special law under the Oklahoma Constitution, art. 2, section 59.3. View "Vasquez v. Dillard's Inc." on Justia Law