Workers' Compensation Economic Damages Expert in Oklahoma

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for workers' compensation cases venued in Oklahoma: the components the loss claim consists of, the records that drive them, and a present value built to Oklahoma's damages rules and venues. Plaintiff and defense.

A workers' compensation economic analysis values the future indemnity and medical benefits at issue in a settlement, measures the wage loss that determines a benefit, or quantifies the loss in a third-party action, each structured to the question the compensation system asks. Read the full workers' compensation analysis guide.

Oklahoma courts and expert standards

Oklahoma trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers that inquiry by stating its assumptions and citing the data behind each one.

Where these cases are heard

Highest court: Oklahoma Supreme Court. Federal venues: N.D. Okla., E.D. Okla., W.D. Okla. Court system: oscn.net.

Compensation forum: Oklahoma Workers' Compensation Commission. Third-party actions arising from the same injury proceed in the civil courts listed above, and the report separates what the compensation system pays from what the civil claim adds.

Damages framework

Oklahoma's wrongful death action gathers the survivors' loss of support and companionship, grief, the decedent's pain and suffering, and medical and funeral expenses into a single recovery, and the courts have struck down a general legislative limit on noneconomic damages. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, evidence of medical expenses is limited to the amounts actually paid or owed, and prejudgment interest on a personal injury award begins to run only after a defined period following the filing of the suit.

How the analysis is built

The same four steps apply to a workers' compensation case venued in Oklahoma; the damages framework above decides which components enter the total.

  1. Assemble the pre-injury wage base from the employer's records and tax documents.
  2. Establish the post-injury earnings path from actual earnings or the work-capacity opinions, and measure the loss over the applicable worklife with wage growth.
  3. Value future indemnity streams with stated mortality and discount assumptions, and grow and discount future medical by category when a treatment projection exists.
  4. Separate the amounts the compensation system pays from the components a third-party claim adds, and reconcile the two so the same facts support both.

Attorney guides for workers' compensation cases

Other case types in Oklahoma

Frequently asked: workers' compensation cases in Oklahoma

Which Oklahoma courts hear workers' compensation cases?

Workers' Compensation cases venued in Oklahoma are heard in the District Court (General jurisdiction; 26 judicial districts; all civil and criminal matters). Final appeals run to the Oklahoma Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Oklahoma, Eastern District of Oklahoma, and Western District of Oklahoma.

How does Oklahoma's damages framework shape the economic analysis?

Oklahoma's wrongful death action gathers the survivors' loss of support and companionship, grief, the decedent's pain and suffering, and medical and funeral expenses into a single recovery, and the courts have struck down a general legislative limit on noneconomic damages. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, evidence of medical expenses is limited to the amounts actually paid or owed, and prejudgment interest on a personal injury award begins to run only after a defined period following the filing of the suit. Oklahoma trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers that inquiry by stating its assumptions and citing the data behind each one.

More questions about workers' compensation analysis

References

Request a consultation on workers' compensation cases in Oklahoma or call (201) 343-0700. Plaintiff and defense counsel.