Jim Johnson and Kerry Lewis obtained a dismissal in defense of a bad faith case challenging the constitutionality of Oklahoma’s workers’ comp lien statute. An underinsured (UM) claimant contended a workers’ comp carrier acted in bad faith by asserting the statutory lien against a UM recovery. The UM claimant alleged – among other things – the statute was an impermissible special law, was too vague to be enforced, and it violated the separation of powers doctrine. Mr. Johnson and Mr. Lewis convinced the trial court the lien statute was valid and no bad faith claim could be asserted under Oklahoma law.
