Okla. Stat. tit. 85A, § 85A-37 — OK Code / Title 85A / Section 85A-37
Waiver of exemption or exclusion
Status: in_force

A. Any employer engaging in any exempted or excepted employment

may at any time waive the exemptions or exceptions as to any

employee or all employees engaged in the employment as the employer

may elect by giving notice of waiver of the exemptions or exceptions

as provided in subsection B of this section.

B. Notice of waiver of exclusion or exemption referred to in

subsection A of this section shall be given in accordance with the

following provisions:

1. Every employer who waives the exclusion or exemption shall

post, and keep posted, in and about the employer's place of business

typewritten or printed notices to that effect in accordance with a

form to be prescribed by the Commission, and the employer shall file

a duplicate of the notice with the Commission; and

2. The notice shall be given at least thirty (30) days before

any injury. However, if the injury occurs less than thirty (30)

days after the date of employment, the notice, if given at the time

of employment, shall be sufficient notice.
Okla. Stat. tit. 85A, § 85A-53 — OK Code / Title 85A / Section 85A-53
Physical examination
Status: in_force

A. An injured employee claiming to be entitled to benefits

under this act shall submit to physical examination and treatment by

another qualified physician, designated or approved by the

Commission, as the Commission may require from time to time if

reasonable and necessary.

B. In cases where the Commission directs examination or

treatment, proceedings shall be suspended, and no compensation shall

Oklahoma Statutes - Title 85A. Workers' Compensation Page 87

be payable for any period during which the employee refuses to

submit to examination and treatment or otherwise obstructs the

examination or treatment.

C. Failure of the employee to obey a judgment of the Commission

for an examination or treatment shall bar the right of the claimant

to further temporary total disability compensation in respect to the

injury.
Okla. Stat. tit. 85, § 85-398 — OK Code / Title 85 / Section 85-398
Group self-insurers
Status: in_force

A. The Workers' Compensation Court shall adopt rules permitting

two or more employers not otherwise subject to the provisions of

Section 2b of this title to pool together liabilities under this act

for the purpose of qualifying as a group self-insurer and each such

employer shall be classified as a self-insurer.

B. The Court shall approve the distribution of all

undistributed policyholders' surplus of a Workers' Compensation

Self-Insurance Program if the Program complies with the following

criteria:

1. Has been in business for at least five (5) years;

2. Has its financial statements audited by a public accounting

firm which audits at least one corporate client which has assets in

Oklahoma Statutes - Title 85. Workers' Compensation Page 36

excess of One Billion Dollars ($1,000,000,000.00) and on which the

accounting firm has issued an unqualified opinion as to the fair

presentation of the financial position of the Program showing

adequate solvency and reserves; and

3. Is in compliance with the provisions of this title and all

other regulations as required by the Court.

C. A group self-insurer created pursuant to this section either

prior to or after the effective date of this act shall not be

subject to the provisions of the Oklahoma Uniform Securities Act of

2004.
Okla. Stat. tit. 85A, § 85A-39 — OK Code / Title 85A / Section 85A-39
Carrier discharging obligations
Status: in_force

Oklahoma Statutes - Title 85A. Workers' Compensation Page 65

A. In order that the liability for compensation may be

effectively administered, the employer's carrier may discharge the

obligations and duties of the employer under this act if the

employer is not a self-insurer.

B. For the purpose of an employer's carrier discharging the

obligation and duties of the employer:

1. An employer's knowledge of an injury shall constitute the

carrier's knowledge of the injury;

2. The Commission shall have jurisdiction over the carrier to

the same extent it has over the employer under this act; and

3. Any determinations by the Commission shall be binding on the

carrier to the same extent as they are on the employer.
Okla. Stat. tit. 85A, § 85A-20 — OK Code / Title 85A / Section 85A-20
Power and authority of Commission
Status: in_force

A. In addition to its other duties and powers, the Workers'

Compensation Commission is given and granted full power and

authority:

1. To appoint administrative law judges to hear all claims for

compensation, including claims based on injuries which occurred

outside this state for which compensation is payable under this act.

An administrative law judge shall have been licensed to practice law

in this state for a period of not less than three (3) years and

shall have not less than three (3) years of workers' compensation

experience prior to appointment;

2. To remand any case to an administrative law judge for the

purpose of taking additional evidence;

3. To assess penalties;

4. To prescribe rules governing the representation of

employees, employers, and carriers in respect to claims before the

Commission;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 45

5. To make available all records in connection with all cases

of personal injury to the Oklahoma Department of Labor. The

Commissioner of Labor may propose rules for the prevention of

injuries and transmit the rules to the Commission. The Commission

may recommend proposed rules for prevention of injuries to the

Commissioner of Labor; and

6. To have and exercise all other powers and duties conferred

or imposed by this act.

B. 1. In addition to the other powers and duties granted to

the Commission in this section and otherwise provided by law, the

Commission is authorized to establish and impose reasonable

administrative fees to recover the cost of preparation of various

informative materials distributed by the Commission.

2. The administrative fees shall be established by regulation

of the Commission.

3. Funds derived from administrative fees shall be deposited

into the Workers' Compensation Commission Revolving Fund to be used

to defray expenses incurred in preparation and distribution of

materials.
Okla. Stat. tit. 85A, § 85A-41 — OK Code / Title 85A / Section 85A-41
Posted notice
Status: in_force

A. Every employer who has secured compensation under the

provisions of this act shall keep posted in a conspicuous place in

and about the employer's place of business typewritten or printed

notices in accordance with a form prescribed by the Commission. The

notices shall state that the employer has secured the payment of

compensation in accordance with the provisions of this act.

B. The notices shall contain the name and address of the

carrier, if any, with whom the employer has secured payment of

compensation and the date of the expiration of the policy.
Okla. Stat. tit. 85A, § 85A-55 — OK Code / Title 85A / Section 85A-55
Unreasonable charges
Status: in_force

A. If an employer or carrier believes that a charge for medical

services or supplies under this act is unreasonable, it may submit

the charge to the Commission for review. If the Commission

determines that the charge is unreasonable, it may amend the charges

to reflect the Fee Schedule established under Section 50 of this

act, if applicable, or in accordance with reasonable market rates

for the services or supplies provided.

B. The provisions of this section relating to charges shall not

apply if a written contract exists between the employer and the

person who renders the medical service or supplies.
Okla. Stat. tit. 85A, § 85A-99 — OK Code / Title 85A / Section 85A-99
Impaired self-insurer
Status: in_force

A. On determination by the Workers' Compensation Commission

that a self-insurer has become an impaired self-insurer, the

Commission shall secure release of the security required by Section

38 of this title and advise the Self-insurance Guaranty Fund Board

of the impairment. Claims administration, including processing,

investigating and paying valid claims against an impaired self-

insurer under the Administrative Workers' Compensation Act, may

include payment by the surety that issued the surety bond or be

under a contract between the Commission and an insurance carrier,

appropriate state governmental entity or an approved service

organization, as approved by the Commission.

B. Excess proceeds from the security remaining after each claim

for benefits of an impaired self-insurer has been paid, settled or

lapsed, and associated costs of administration of such claim have

been paid, shall be transferred to the Self-insurance Guaranty Fund

and may be used as a credit against the assessment required to be

paid by each private self-insurer and group self-insurer association

pursuant to Section 98 of this title, as determined by the Self-

insurance Guaranty Fund Board.
Okla. Stat. tit. 85A, § 85A-90 — OK Code / Title 85A / Section 85A-90
Deposit or bond with commission
Status: in_force

The Workers' Compensation Commission may require any employer to

make a deposit or bond with the Commission to secure the prompt and

convenient payment of compensation, and payments shall be made on

judgment of the Commission.