Executive Summary of Daryl Davis’ Open Letter Regarding the Recent ProPublica and NPR Reports on Texas Nonsubscription and the Oklahoma Option

The purpose of the open letter, written by Daryl Davis, is to quell any concerns of his clients’ employees arising from the “Inside Corporate America’s Campaign to Ditch Workers Comp” article of October 14, 2015.

The authors of the article, having previously demonstrated that WC is indeed flawed, attempt to dissect Texas nonsubscription (TXNS) and the Oklahoma option (OKO)—two legal alternatives to WC.  The article suggests that sinister corporations are conspiring with crony elected officials to rig the system against injured workers, but instead of providing support for this claim, the authors obfuscate the subject matter by 1) misapplying WC-based expectations to TXNS and 2) conflating TXNS with the OKO.  Daryl explains why it’s important to see the three systems as distinct responses to different sets of standards—and why the OKO can more fairly and productively be viewed as one legislature’s thoughtful critique of TXNS than as a simplistic reiteration of the nonsubscription story.

Daryl distinguishes TXNS from WC and then addresses the authors’ flawed approach in coupling the OKO with TXNS.  For example, ERISA’s applicability to TXNS doesn’t translate to the OKO, a point that would completely change the authors’ analysis of OKO benefits if they acknowledged it.

The open letter concludes with a recapitulation as well as an invitation for prospective clients and the employees of existing clients to call with any questions or concerns.