Okla. Stat. tit. 85A, § 85A-65 — OK Code / Title 85A / Section 85A-65
Occupational disease
Status: in_force

A. If an employee suffers from an occupational disease as

defined in this section and is disabled or dies as a result of the

disease, the employee, or, in case of death, his or her dependents,

shall be entitled to compensation as if the disability or death were

caused by injury arising out of work activities within the scope of

employment, except as otherwise provided in this section.

B. No compensation shall be payable for an occupational disease

if the employee, at the time of entering into the employment of the

employer by whom the compensation would otherwise be payable,

falsely represented himself or herself in writing as not having

previously been disabled, laid off, or compensated in damages or

otherwise, because of the disease.

C. 1. If an occupational disease is aggravated by any other

disease or infirmity, not itself compensable, or if disability or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 96

death from any other cause, not itself compensable, is aggravated,

prolonged, accelerated, or in any way contributed to by an

occupational disease, the compensation payable shall be reduced and

limited to the proportion only of the compensation that would be

payable if the occupational disease were the major cause of the

disability or death as the occupational disease, as a causative

factor, bears to all the causes of the disability or death.

2. The reduction in compensation is to be effected by reducing

the number of weekly or monthly payments or the amounts of the

payments, as under the circumstances of the particular case may be

for the best interest of the claimant.

D. 1. "Occupational disease", as used in this act, unless the

context otherwise requires, means any disease that results in

disability or death and arises out of and in the course of the

occupation or employment of the employee or naturally follows or

unavoidably results from an injury as that term is defined in this

act. A causal connection between the occupation or employment and

the occupational disease shall be established by a preponderance of

the evidence.

2. No compensation shall be payable for any contagious or

infectious disease unless contracted in the course and scope of

employment.

3. No compensation shall be payable for any ordinary disease of

life to which the general public is exposed.

E. 1. When compensation is payable for an occupational

disease, the employer in whose employment the employee was last

injuriously exposed to the hazards of the disease and the carrier,

if any, on the risk when the employee was last injuriously exposed

under the employer shall be liable.

2. The amount of the compensation shall be based on the average

weekly wage of the employee when last injuriously exposed under the

employer, and the notice of injury and claim for compensation shall

be given and made to that employer.

F. 1. An employer shall not be liable for any compensation for

an occupational disease unless:

a. the disease is due to the nature of an employment in

which the hazards of the disease actually exist and is

actually incurred in the course and scope of his or

her employment. This includes any disease due to or

attributable to exposure to or contact with any

radioactive material by an employee in the course and

scope of his or her employment,

b. disablement or death results within three (3) years in

case of silicosis or asbestosis, or one (1) year in

case of any other occupational disease, except a

diseased condition caused by exposure to X-rays,

radioactive substances, or ionizing radiation, after

Oklahoma Statutes - Title 85A. Workers' Compensation Page 97

the last injurious exposure to the disease in the

employment, or

c. in case of death, death follows continuous disability

from the disease, commencing within the period, for

which compensation has been paid or awarded or timely

claim made as provided in subparagraph b of this

paragraph and results within seven (7) years after the

last exposure.

2. However, in case of a diseased condition caused by exposure

to X-rays, radioactive substances, or ionizing radiation only, the

limitations expressed do not apply.
Okla. Stat. tit. 85A, § 85A-60 — OK Code / Title 85A / Section 85A-60
Evaluation of permanent disability
Status: in_force

The Physician Advisory Committee may recommend the adoption of a

method or system to evaluate permanent disability that shall deviate

from, or be used in place of or in combination with the Guides.

Such recommendation shall be made to the Workers' Compensation

Commission which may adopt the recommendation in part or in whole.

The adopted method or system shall be submitted by the Executive

Director of the Commission to the Governor, the Speaker of the House

of Representatives and the President Pro Tempore of the Senate

within the first ten (10) legislative days of a regular session of

the Legislature. Such method or system so submitted shall be

subject to disapproval by joint or concurrent resolution of the

Legislature during the legislative session in which submitted. If

disapproved, the existing method of determining permanent partial

disability shall continue in effect. If the Legislature takes no

action on the method or system submitted by the Executive Director,

the method or system shall become operative thirty (30) days

following the adjournment of the Legislature.
Okla. Stat. tit. 85A, § 85A-40 — OK Code / Title 85A / Section 85A-40
Failure to secure compensation - Summary hearing -
Status: in_force

Penalties.

A. 1. Any employer who fails to secure compensation required

under the Administrative Workers' Compensation Act, upon conviction,

shall be guilty of a misdemeanor and subject to a fine of up to Ten

Thousand Dollars ($10,000.00) to be deposited in the Workers'

Compensation Commission Revolving Fund.

2. This subsection shall not affect any other liability of the

employer under the Administrative Workers' Compensation Act.

B. 1. Whenever the Workers' Compensation Commission has reason

to believe that any employer required to secure the payment of

compensation under the Administrative Workers' Compensation Act has

failed to do so, the Commission shall serve on the employer a

proposed judgment declaring the employer to be in violation of the

Administrative Workers' Compensation Act and containing the amount,

if any, of the civil penalty to be assessed against the employer

under paragraph 5 of this subsection.

2. a. An employer may contest a proposed judgment of the

Commission issued under paragraph 1 of this subsection

by filing with the Commission, within twenty (20) days

of receipt of the proposed judgment, a written request

for a hearing.

b. The request for a hearing does not need to be in any

particular form but shall specify the grounds on which

the person contests the proposed judgment, the

proposed assessment, or both.

c. If a written request for hearing is not filed with the

Commission within the time specified in subparagraph a

of this paragraph, the proposed judgment, the proposed

penalty or both, shall be a final judgment of the

Commission and shall not be subject to further review

by any court, except if the employer shows good cause

why it did not timely contest the judgment or penalty.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 66

d. A proposed judgment by the Commission under this

section shall be prima facie correct, and the burden

is on the employer to prove that the proposed judgment

is incorrect.

3. a. If the employer alleges that a carrier has contracted

to provide it workers' compensation insurance coverage

for the period in question, the employer shall include

the allegation in its request for hearing and shall

name the carrier.

b. The Commission shall promptly notify the carrier of

the employer's allegation and of the date of hearing.

c. The carrier shall promptly, and no later than five (5)

days before the hearing, respond in writing to the

employer's allegation by providing evidence of

coverage for the period in question or by

affirmatively denying the employer's allegation.

4. Hearings under this section shall be procedurally conducted

as provided in Sections 69 through 78 of this title.

5. The Commission may assess a fine against an employer who

fails to secure the payment of compensation in an amount up to One

Thousand Dollars ($1,000.00) per day of violation payable to the

Workers' Compensation Commission Revolving Fund, not to exceed a

total of Fifty Thousand Dollars ($50,000.00) for the first

violation.

6. If an employer fails to secure the payment of compensation

or pay any civil penalty assessed against the employer after a

judgment issued under this section has become final by operation of

law or on appeal, the Commission may petition the Oklahoma County

District Court or the district court of the county where the

employer's principal place of business is located for an order

enjoining the employer from engaging in further employment until

such time as the employer secures the payment of compensation or

makes full payment of all civil penalties.

7. Upon any penalty becoming final under this section, the

Commission may institute collection proceedings against any assets

of the employer independently or in district court including, but

not limited to, an asset hearing, garnishment of income and wages,

judgment lien or an intercept of an income tax refund consistent

with Section 205.2 of Title 68 of the Oklahoma Statutes.

8. Information subject to subsection A or B of Section 4-508 of

Title 40 of the Oklahoma Statutes may be disclosed to the employees

of the Commission for purposes of investigation and enforcement of

workers' compensation coverage requirements pursuant to this title,

and such information shall be admissible in any hearing before an

administrative law judge of the Commission.

9. Litigation files and investigatory reports of the Commission

arising from enforcement of the provisions of this section shall be

Oklahoma Statutes - Title 85A. Workers' Compensation Page 67

confidential pursuant to Section 24A.12 of Title 51 of the Oklahoma

Statutes.
Okla. Stat. tit. 85A, § 85A-42 — OK Code / Title 85A / Section 85A-42
Required insurance policy provisions
Status: in_force

A. Contents. Every policy or contract of insurance issued by a

carrier to an employer to secure the payment of compensation under

the Administrative Workers’ Compensation Act shall contain:

1. a. Provisions that identify the insured employer and

either identify each covered employee or describe

covered employees by class or type of labor performed

and the estimated number of employees of each such

class or type.

b. No single policy of workers’ compensation insurance

may be issued to any group of employers who are

unaffiliated with one another in terms of ownership,

control, or right to participate in the profits of the

affiliated enterprises;

2. Provisions that insolvency or bankruptcy of the employer or

discharge therein shall not relieve the carrier from payment of

compensation for compensable injuries sustained by an employee

during the term of the policy or contract;

3. a. The agreement of the carrier that it shall promptly

pay to the person entitled to compensation every

installment of compensation that may be awarded or

agreed on and that this obligation shall not be

affected by any default of the employer or by any

default in the giving of any notice required by the

policy or otherwise.

b. The agreement shall be construed to be a direct

obligation by the carrier to the person entitled to

compensation, enforceable in that person’s name; and

Oklahoma Statutes - Title 85A. Workers' Compensation Page 68

4. Such other provisions as the Insurance Department allows or

requires carriers to include in workers’ compensation policies.

B. Cancellation.

1. An employer may cancel coverage with a carrier by giving the

carrier at least thirty (30) days’ notice, unless a shorter period

is permitted under subparagraph b of this paragraph.

a. Cancellation of coverage is effective at 12:01 a.m.

thirty (30) days after the date the cancellation

notice is received by the carrier, unless a later date

is specified in the notice to the carrier.

b. (1) An employer may cancel coverage effective less

than thirty (30) days after written notice is

received by the carrier where the employer

obtains other coverage or becomes a self-insurer.

Notice may be sent by electronic means if the

recipient consents to such method of delivery and

the insurer is in compliance with the provisions

of the Uniform Electronic Transactions Act.

Electronic delivery is considered to be

equivalent to any delivery method required by

law, including first-class mail, postage prepaid,

certified mail, certificate of mail, or

certificate of mailing.

(2) A cancellation under this subsection is effective

immediately on the effective date of the other

coverage or on authorization as a self-insurer.

2. a. A notice of cancellation from the carrier shall state

the hour and date that cancellation is effective.

b. A carrier shall not cancel coverage issued to an

employer under the Administrative Workers’

Compensation Act before the date specified for

expiration in the policy or contract or until at least

thirty (30) days have elapsed after a notice of

cancellation has been mailed or sent electronically to

the Commission and to the employer, or until ten (10)

days have elapsed after the notice has been mailed or

sent electronically to the employer and to the

Commission if the cancellation is for nonpayment of

premium.

c. If the employer procures other insurance within the

notice period, the effective date of the new policy

shall be the cancellation date of the old policy.

3. Cancellation of coverage by an employer or a carrier shall

in no way limit liability that was incurred under the policy or

contract before the effective date of cancellation.

C. Coverage.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 69

1. No policy or contract of insurance shall be issued against

liability under the Administrative Workers’ Compensation Act unless

the policy or contract covers the entire liability of the employer.

Split coverage whereby some employees of an employer are insured by

one carrier and other employees are insured by another carrier, or a

plan of self-insurance, is expressly prohibited except for a policy

issued covering the liability of an employer or of multiple

employers as to specific jobs, ventures, contracts, or undertakings,

but only if the policy meets with the reasonable satisfaction and

approval of the Insurance Commissioner that the policy is in the

best interest of the employers and the employees concerned and does

not unduly or improperly affect the continuity of workers’

compensation coverage by seriously and negatively affecting other

carriers and agents with outstanding policies issued to any of the

employers in issue.

2. The terms of the policy or contract shall govern any

questions of liability between the employer and the carrier.

D. Under such rules as may be adopted by the Insurance

Commissioner, and notwithstanding other provisions of the

Administrative Workers’ Compensation Act, he or she may certify five

or more employers as an insurance group which shall be considered an

employer for the purposes of the Administrative Workers’

Compensation Act.
Okla. Stat. tit. 85A, § 85A-118 — OK Code / Title 85A / Section 85A-118
Fees
Status: in_force

A. A filing fee of One Hundred Forty Dollars ($140.00) per

case, including but not limited to any Joint Petition or medical fee

dispute authorized by this title, shall be collected from the

employer filing a Joint Petition or party filing a medical fee

dispute by the Workers' Compensation Commission. In the event any

award becomes final against an employer, such amount shall be

assessed by the Commission. The filing fee shall be deposited as

follows:

1. One Hundred Five Dollars ($105.00) to the credit of the

Workers' Compensation Commission Revolving Fund;

2. Ten Dollars ($10.00) to the credit of the Attorney General's

Workers' Compensation Fraud Unit Revolving Fund created by Section

19.2 of Title 74 of the Oklahoma Statutes; and

3. Twenty-five Dollars ($25.00) to the credit of the Workers'

Compensation Commission Revolving Fund for purposes of implementing

the provisions of this title, including strengthening and providing

additional funding for the Attorney General's Workers' Compensation

Fraud Unit, providing counseling services pursuant to the workers'

compensation counselor or ombudsman program and safety in the

workplace.

B. A fee of One Hundred Thirty Dollars ($130.00) per action to

reopen any case pursuant to Section 32 of this title shall be

collected by the Commission and assessed as costs to be paid by the

party that reopens the case. The fee collected pursuant to this

subsection shall be deposited to the credit of the Workers'

Compensation Commission Revolving Fund for purposes of implementing

the provisions of this title, including strengthening and providing

additional funding for the Attorney General's Workers' Compensation

Fraud Unit, providing counseling services pursuant to the workers'

compensation counselor or ombudsman program and safety in the

workplace.
Okla. Stat. tit. 85A, § 85A-61 — OK Code / Title 85A / Section 85A-61
Hernias
Status: in_force

A. A hernia is not a compensable injury unless the injured

employee can prove by a preponderance of the evidence that it meets

the definition of "compensable injury" under this act and:

1. The occurrence of the hernia followed as the result of

sudden effort, severe strain, or the application of force directly

to the abdominal wall;

2. There was severe pain in the hernial region;

3. The pain caused the employee's work to be substantially

affected;

4. Notice of the occurrence was given to the employer within

five (5) days thereafter; and

Oklahoma Statutes - Title 85A. Workers' Compensation Page 90

5. The physical distress following the occurrence of the hernia

was such as to require the attendance of a licensed physician.

B. 1. Notwithstanding the provisions of Section 45 of this

act, if it is determined that a hernia is a compensable injury under

subsection A of this section, the injured employee shall be entitled

to temporary total disability for six (6) weeks.

2. If the injured employee refuses to permit the hernia

operation if recommended by a physician, he or she shall be entitled

to temporary total disability for thirteen (13) weeks in addition to

appropriate medical care.

C. If the injured employee dies within one (1) year as a direct

and sole result of the hernia or a radical operation of the hernia,

the deceased employee's dependents shall be entitled to death

compensation under Section 48 of this act.
Okla. Stat. tit. 85, § 85-149.2 — OK Code / Title 85 / Section 85-149.2
Renumbered as Title 85, § 399 by Laws 2011, c. 318, §
Status: in_force

88.

Oklahoma Statutes - Title 85. Workers' Compensation Page 14
Okla. Stat. tit. 85A, § 85A-308 — OK Code / Title 85A / Section 85A-308
Judgement for provisional remedies
Status: in_force

A. Before an arbitrator is appointed and authorized to act, the

Commission, on application and motion of a party to an arbitration

proceeding and for good cause shown, may enter a judgment for

provisional remedies to protect the effectiveness of the arbitration

proceeding to the same extent and under the same conditions as if

the controversy were the subject of a civil action.

B. After an arbitrator is appointed and authorized to act:

1. The arbitrator may issue further or revised orders for

provisional remedies, including interim awards, as the arbitrator

finds necessary to protect the effectiveness of the arbitration

proceeding and to promote the fair and expeditious resolution of the

controversy, to the same extent and under the same conditions as if

the controversy were the subject of a civil action; and

2. A party to an arbitration proceeding may move the Commission

for a provisional remedy only if the matter is urgent and the

arbitrator is not able to act timely or the arbitrator cannot

provide an adequate remedy.

C. A party does not waive a right of arbitration by making an

application and motion under subsection A or B of this section.
Okla. Stat. tit. 85A, § 85A-119 — OK Code / Title 85A / Section 85A-119
Copies of documents
Status: in_force

A. Persons requesting and receiving copies of documents on file

with the Workers' Compensation Commission shall pay a fee to the

Commission of One Dollar ($1.00) for each page copied. All fees so

collected shall be deposited in the State Treasury in the Workers'

Compensation Commission Revolving Fund.

B. All penalties and fines imposed by the Commission, upon

collection, shall be deposited to the credit of the Workers'

Compensation Commission Revolving Fund.
Okla. Stat. tit. 85A, § 85A-1 — OK Code / Title 85A / Section 85A-1
Short title - Administrative Workers' Compensation Act
Status: in_force

Sections 1 through 106 and 150 through 168 of this act shall be

known and may be cited as the "Administrative Workers' Compensation

Act". The provisions of the Administrative Workers' Compensation

Act shall be strictly construed.
Okla. Stat. tit. 85A, § 85A-126 — OK Code / Title 85A / Section 85A-126
Agreement between general contractor and subcontractor to provide workers'
Status: in_force

Oklahoma Statutes - Title 85A. Workers' Compensation Page 3provide workers' compensation coverage.

A. For the purposes of this section:

1. “General contractor” means a person or entity who undertakes

to procure the performance of work or a service, either separately

or through the use of subcontractors. General contractor shall

include, but is not limited to, a principal contractor, an original

contractor, a prime contractor or other analogous term, and one who

owns, occupies, possesses, or otherwise controls a premises who

enters into contracts with subcontractors for all or part of the

work being performed on the premises;

2. “Provides workers’ compensation insurance coverage” means to

make available workers’ compensation insurance coverage. Workers’

compensation insurance coverage may be provided, even if it does not

ultimately cover an incident, so long as it was made available to

the subcontractor. The following does not constitute acceptable or

relevant evidence to suggest that workers’ compensation insurance

made available to a subcontractor was not provided to the

subcontractor:

a. timing discrepancies between the issuance of workers’

compensation insurance policies and contracts between

and among general contractors and subcontractors,

b. factual discrepancies in secondary documentation such

as certificates of insurance or enrollment forms,

c. a general contractor’s lack of notice of election of

coverage, or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 138

d. payment of premiums, or lack thereof, by the general

contractor; and

3. “Subcontractor” means a person or entity with whom the

general contractor has entered into a contract to perform all or

part of the work or services that the general contractor has

undertaken to perform, and includes a person or entity with whom a

subcontractor contracts to perform the work.

B. A general contractor and a subcontractor may enter into a

written agreement under which the general contractor provides

workers’ compensation insurance coverage to the subcontractor and

employees of the subcontractor.

C. If a general contractor has workers’ compensation insurance

to protect the general contractor’s employees and if, in the course

and scope of the general contractor’s business, the general

contractor enters into a contract with a subcontractor who does not

have employees, the general contractor shall be treated as the

employer of the subcontractor for the purposes of the Administrative

Workers’ Compensation Act and may enter into an agreement for the

deduction of premiums paid in accordance with subsection D of this

section. A premise owner who acts as a general contractor shall be

treated as the employer of all subcontractors for the purposes of

the Administrative Workers’ Compensation Act and may enter into an

agreement for the deduction of premiums paid in accordance with

subsection D of this section.

D. If a general contractor elects to provide coverage, then the

actual premiums based on payroll that are paid or incurred by the

general contractor for the coverage may be deducted from the

contract price or other amount owed to the subcontractor by the

general contractor.

E. An agreement under this section makes the general contractor

the employer of the subcontractor and the subcontractor’s employees

only for the purposes of this title. A subcontractor or

subcontractor’s employee’s rights and remedies against the general

contractor or any principal, officer, director, employee,

stockholder, partner, or prime contractor of the general contractor

shall be subject to the limitations pursuant to Section 5 of Title

85A of the Oklahoma Statutes. The limitations in this subsection

shall only apply to claims against the general contractor. To the

extent not otherwise precluded by Section 5 of Title 85A of the

Oklahoma Statutes, a subcontractor or subcontractor’s employee

retains the right to recover from another subcontractor or

subcontractor’s employee.

F. Notwithstanding subsection C of this section, a person who

performs work or provides a service for an oil or gas well operator

and who is an independent contractor that has no employees shall be

treated in the same manner as an independent contractor with

employees and is not entitled to coverage under the general

Oklahoma Statutes - Title 85A. Workers' Compensation Page 139

contractor’s workers’ compensation insurance policy unless the

independent subcontractor and the general contractor enter into an

agreement under this section.
Okla. Stat. tit. 85A, § 85A-76 — OK Code / Title 85A / Section 85A-76
Witness fees
Status: in_force

Each witness who appears in obedience to a subpoena shall be

entitled to the same fees as witnesses in a civil action in the

district court.
Okla. Stat. tit. 85A, § 85A-304 — OK Code / Title 85A / Section 85A-304
Waiver
Status: in_force

A. Except as otherwise provided in subsections B and C of this

section and in the laws of this state outside of this title, a party

to an agreement to arbitrate or to an arbitration proceeding may

waive, or the parties may vary the effect of, the requirements of

this act to the extent permitted by law.

B. Before a controversy arises that is subject to an agreement

to arbitrate, a party to the agreement may not:

1. Waive or agree to vary the effect of the requirements of

subsection A of Section 305, subsection A of Section 306, Section

307, subsection A or B of Section 317, Section 326 or Section 328 of

this title;

2. Agree to unreasonably restrict the right to notice of the

initiation of an arbitration proceeding under Section 309 of this

title;

3. Agree to unreasonably restrict the right to disclosure of

any facts by an arbitrator under Section 312 of this title;

4. Waive the right of a party to an agreement to arbitrate to

be represented by a lawyer at any proceeding or hearing under

Section 316 of this title; or

5. Agree to conduct arbitration proceedings outside of this

state.

C. A party to an agreement to arbitrate or to an arbitration

proceeding may not waive, or the parties may not vary the effect of,

the requirements of this section or subsection A or C of Section

304, Sections 307, 314 and 318, subsection D or E of Section 320,

Sections 322, 323 and 324, or subsection A or B of Section 325 of

this title.
Okla. Stat. tit. 85A, § 85A-14 — OK Code / Title 85A / Section 85A-14
Cardiovascular, coronary, pulmonary, respiratory, or
Status: in_force

cerebrovasculary accidents and myocardial infarctions.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 39

A. A cardiovascular, coronary, pulmonary, respiratory, or

cerebrovascular accident or myocardial infarction causing injury,

illness, or death is a compensable injury only if, in relation to

other factors contributing to the physical harm, the course and

scope of employment was the major cause.

B. An injury or disease included in subsection A of this

section shall not be deemed to be a compensable injury unless it is

shown that the exertion of the work necessary to precipitate the

disability or death was extraordinary and unusual in comparison to

the employee's usual work in the course of the employee's regular

employment, or that some unusual and unpredicted incident occurred

which is found to have been the major cause of the physical harm.
Okla. Stat. tit. 85A, § 85A-2v1 — OK Code / Title 85A / Section 85A-2v1
Definitions
Status: in_force

As used in the Administrative Workers’ Compensation Act:

1. “Actually dependent” means a surviving spouse, a child or

any other person who receives one-half (1/2) or more of his or her

support from the employee;

2. “Carrier” means any stock company, mutual company, or

reciprocal or interinsurance exchange authorized to write or carry

on the business of workers’ compensation insurance in this state.

Whenever required by the context, the term carrier shall be deemed

to include duly qualified self-insureds or self-insured groups;

3. “Case management” means the ongoing coordination, by a case

manager, of health care services provided to an injured or disabled

worker, including but not limited to systematically monitoring the

treatment rendered and the medical progress of the injured or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 4

disabled worker; ensuring that any treatment plan follows all

appropriate treatment protocols, utilization controls and practice

parameters; assessing whether alternative health care services are

appropriate and delivered in a cost-effective manner based upon

acceptable medical standards; and ensuring that the injured or

disabled worker is following the prescribed health care plan;

4. “Case manager” means a person who is a registered nurse with

a current, active unencumbered license from the Oklahoma Board of

Nursing, or possesses one or more of the following certifications

which indicate the individual has a minimum number of years of case

management experience, has passed a national competency test and

regularly obtains continuing education hours to maintain

certification:

a. Certified Disability Management Specialist (CDMS),

b. Certified Case Manager (CCM),

c. Certified Rehabilitation Registered Nurse (CRRN),

d. Case Manager - Certified (CMC),

e. Certified Occupational Health Nurse (COHN), or

f. Certified Occupational Health Nurse Specialist (COHN-

S);

5. “Certified workplace medical plan” means an organization of

health care providers or any other entity, certified by the State

Commissioner of Health, that is authorized to enter into a

contractual agreement with an employer, a group self-insurance

association plan, an employer’s workers’ compensation insurance

carrier, a third-party administrator or an insured to provide

medical care under the Administrative Workers’ Compensation Act.

Certified plans shall only include plans which provide medical

services and payment for services on a fee-for-service basis to

medical providers;

6. “Child” means a natural or adopted son or daughter of the

employee under eighteen (18) years of age; or a natural or adopted

son or daughter of an employee eighteen (18) years of age or over

who is physically or mentally incapable of self-support; or any

natural or adopted son or daughter of an employee eighteen (18)

years of age or over who is actually dependent; or any natural or

adopted son or daughter of an employee between eighteen (18) and

twenty-three (23) years of age who is enrolled as a full-time

student in any accredited educational institution. The term child

includes a posthumous child, a child legally adopted or one for whom

adoption proceedings are pending at the time of death, an actually

dependent stepchild or an actually dependent acknowledged child born

out of wedlock;

7. “Claimant” means a person who claims benefits for an injury

or occupational disease pursuant to the provisions of the

Administrative Workers’ Compensation Act;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 5

8. “Commission” means the Oklahoma Workers’ Compensation

Commission;

9. a. “Compensable injury” means damage or harm to the

physical structure of the body, or damage or harm to

prosthetic appliances, including eyeglasses, contact

lenses, or hearing aids, of which the major cause is

either an accident, cumulative trauma or occupational

disease arising out of the course and scope of

employment. An “accident” means an event involving

factors external to the employee that:

(1) was unintended, unanticipated, unforeseen,

unplanned and unexpected,

(2) occurred at a specifically identifiable time and

place,

(3) occurred by chance or from unknown causes, or

(4) was independent of sickness, mental incapacity,

bodily infirmity or any other cause.

b. Compensable injury does not include:

(1) injury to any active participant in assaults or

combats which, although they may occur in the

workplace, are the result of non-employment-

related hostility or animus of one, both, or all

of the combatants and which assault or combat

amounts to a deviation from customary duties;

provided, however, injuries caused by horseplay

shall not be considered to be compensable

injuries, except for innocent victims,

(2) injury incurred while engaging in or performing

or as the result of engaging in or performing any

recreational or social activities for the

employee’s personal pleasure,

(3) injury which was inflicted on the employee at a

time when employment services were not being

performed or before the employee was hired or

after the employment relationship was terminated,

(4) injury if the accident was caused by the use of

alcohol, illegal drugs, or prescription drugs

used in contravention of physician’s orders. If

a biological specimen is collected within twenty-

four (24) hours of the employee being injured or

reporting an injury, or if at any time after the

injury a biological specimen is collected by the

Office of the Chief Medical Examiner if the

injured employee does not survive for at least

twenty-four (24) hours after the injury and the

employee tests positive for intoxication, an

illegal controlled substance, or a legal

Oklahoma Statutes - Title 85A. Workers' Compensation Page 6

controlled substance used in contravention to a

treating physician’s orders, or refuses to

undergo the drug and alcohol testing, there shall

be a rebuttable presumption that the injury was

caused by the use of alcohol, illegal drugs, or

prescription drugs used in contravention of

physician’s orders. This presumption may only be

overcome if the employee proves by clear and

convincing evidence that his or her state of

intoxication had no causal relationship to the

injury,

(5) any strain, degeneration, damage or harm to, or

disease or condition of, the eye or

musculoskeletal structure or other body part

resulting from the natural results of aging,

osteoarthritis, arthritis, or degenerative

process including, but not limited to,

degenerative joint disease, degenerative disc

disease, degenerative

spondylosis/spondylolisthesis and spinal

stenosis, or

(6) any preexisting condition except when the

treating physician clearly confirms an

identifiable and significant aggravation incurred

in the course and scope of employment.

c. A compensable injury shall be established by medical

evidence supported by objective findings as defined in

paragraph 31 of this section.

d. The injured employee shall prove by a preponderance of

the evidence that he or she has suffered a compensable

injury.

e. Benefits shall not be payable for a condition which

results from a non-work-related independent

intervening cause following a compensable injury which

causes or prolongs disability or aggravation or

requires treatment. A non-work-related independent

intervening cause does not require negligence or

recklessness on the part of a claimant.

f. An employee who suffers a compensable injury shall be

entitled to receive compensation as prescribed in the

Administrative Workers’ Compensation Act.

Notwithstanding other provisions of law, if it is

determined that a compensable injury did not occur,

the employee shall not be entitled to compensation

under the Administrative Workers’ Compensation Act;

10. “Compensation” means the money allowance payable to the

employee or to his or her dependents and includes the medical

Oklahoma Statutes - Title 85A. Workers' Compensation Page 7

services and supplies provided for in Section 50 of this title and

funeral expenses;

11. “Consequential injury” means injury or harm to a part of

the body that is a direct result of the injury or medical treatment

to the part of the body originally injured in the claim. The

Commission shall not make a finding of a consequential injury unless

it is established by objective medical evidence that medical

treatment for such part of the body is required;

12. “Continuing medical maintenance” means medical treatment

that is reasonable and necessary to maintain a claimant’s condition

resulting from the compensable injury or illness after reaching

maximum medical improvement. Continuing medical maintenance shall

not include diagnostic tests, surgery, injections, counseling,

physical therapy, or pain management devices or equipment;

13. “Course and scope of employment” means an activity of any

kind or character for which the employee was hired and that relates

to and derives from the work, business, trade or profession of an

employer, and is performed by an employee in the furtherance of the

affairs or business of an employer. The term includes activities

conducted on the premises of an employer or at other locations

designated by an employer and travel by an employee in furtherance

of the affairs of an employer that is specifically directed by the

employer. This term does not include:

a. an employee’s transportation to and from his or her

place of employment,

b. travel by an employee in furtherance of the affairs of

an employer if the travel is also in furtherance of

personal or private affairs of the employee,

c. any injury occurring in a parking lot or other common

area adjacent to an employer’s place of business

before the employee clocks in or otherwise begins work

for the employer or after the employee clocks out or

otherwise stops work for the employer unless the

employer owns or maintains exclusive control over the

area, or

d. any injury occurring while an employee is on a work

break, unless the injury occurs while the employee is

on a work break inside the employer’s facility or in

an area owned by or exclusively controlled by the

employer and the work break is authorized by the

employee’s supervisor;

14. “Cumulative trauma” means an injury to an employee that is

caused by the combined effect of repetitive physical activities

extending over a period of time in the course and scope of

employment. Cumulative trauma shall not mean fatigue, soreness or

general aches and pain that may have been caused, aggravated,

exacerbated or accelerated by the employee’s course and scope of

Oklahoma Statutes - Title 85A. Workers' Compensation Page 8

employment. Cumulative trauma shall have resulted directly and

independently of all other causes;

15. “Death” means only death resulting from compensable injury

as defined in paragraph 9 of this section;

16. “Disability” means incapacity because of compensable injury

to earn, in the same or any other employment, substantially the same

amount of wages the employee was receiving at the time of the

compensable injury;

17. “Drive-away operations” includes every person engaged in

the business of transporting and delivering new or used vehicles by

driving, either singly or by towbar, saddle-mount or full-mount

method, or any combination thereof, with or without towing a

privately owned vehicle;

18. a. “Employee” means any person, including a minor, in the

service of an employer under any contract of hire or

apprenticeship, written or oral, expressed or implied,

but excluding one whose employment is casual and not

in the course of the trade, business, profession, or

occupation of his or her employer and excluding one

who is required to perform work for a municipality or

county or the state or federal government on having

been convicted of a criminal offense or while

incarcerated. Employee shall also include a member of

the Oklahoma National Guard while in the performance

of duties only while in response to state orders and

any authorized voluntary or uncompensated worker,

rendering services as a firefighter, law enforcement

officer or emergency management worker. Travel by a

police officer, fireman, or a member of a first aid or

rescue squad, in responding to and returning from an

emergency, shall be deemed to be in the course of

employment.

b. The term employee shall not include:

(1) any person for whom an employer is liable under

any Act of Congress for providing compensation to

employees for injuries, disease or death arising

out of and in the course of employment including,

but not limited to, the Federal Employees’

Compensation Act, the Federal Employers’

Liability Act, the Longshore and Harbor Workers’

Compensation Act and the Jones Act, to the extent

his or her employees are subject to such acts,

(2) any person who is employed in agriculture,

ranching or horticulture by an employer who had a

gross annual payroll in the preceding calendar

year of less than One Hundred Thousand Dollars

($100,000.00) wages for agricultural, ranching or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 9

horticultural workers, or any person who is

employed in agriculture, ranching or horticulture

who is not engaged in operation of motorized

machines. This exemption applies to any period

of time for which such employment exists,

irrespective of whether or not the person is

employed in other activities for which the

exemption does not apply. If the person is

employed for part of a year in exempt activities

and for part of a year in nonexempt activities,

the employer shall be responsible for providing

workers’ compensation only for the period of time

for which the person is employed in nonexempt

activities,

(3) any person who is a licensed real estate sales

associate or broker, paid on a commission basis,

(4) any person employed by an employer with five or

fewer total employees, all of whom are related

within the second degree by blood or marriage to

the employer, all of whom are dependents living

in the household of the employer, or all of whom

are a combination of such relatives and

dependents. If the employer is not a natural

person such relative shall be related within the

second degree by blood or marriage to a person

who owns fifty percent (50%) or more of the

employer, or such dependent shall be in the

household of a person who owns fifty percent

(50%) or more of the employer,

(5) any person employed by an employer which is a

youth sports league which qualifies for exemption

from federal income taxation pursuant to federal

law,

(6) sole proprietors, members of a partnership,

individuals who are party to a franchise

agreement as set out by the Federal Trade

Commission franchise disclosure rule, 16 CFR

436.1 through 436.11, members of a limited

liability company who own at least ten percent

(10%) of the capital of the limited liability

company or any stockholder-employees of a

corporation who own ten percent (10%) or more

stock in the corporation, unless they elect to be

covered by a policy of insurance covering

benefits under the Administrative Workers’

Compensation Act,

Oklahoma Statutes - Title 85A. Workers' Compensation Page 10

(7) any person providing or performing voluntary

service who receives no wages for the services

other than meals, drug or alcohol rehabilitative

therapy, transportation, lodging or reimbursement

for incidental expenses except for volunteers

specifically provided for in subparagraph a of

this paragraph,

(8) a person, commonly referred to as an owner-

operator, who owns or leases a truck-tractor or

truck for hire, if the owner-operator actually

operates the truck-tractor or truck and if the

person contracting with the owner-operator is not

the lessor of the truck-tractor or truck.

Provided, however, an owner-operator shall not be

precluded from workers’ compensation coverage

under the Administrative Workers’ Compensation

Act if the owner-operator elects to participate

as a sole proprietor,

(9) a person referred to as a drive-away owner-

operator who privately owns and utilizes a tow

vehicle in drive-away operations and operates

independently for hire, if the drive-away owner-

operator actually utilizes the tow vehicle and if

the person contracting with the drive-away owner-

operator is not the lessor of the tow vehicle.

Provided, however, a drive-away owner-operator

shall not be precluded from workers’ compensation

coverage under the Administrative Workers’

Compensation Act if the drive-away owner-operator

elects to participate as a sole proprietor,

(10) any person who is employed as a domestic servant

or as a casual worker in and about a private home

or household, which private home or household had

a gross annual payroll in the preceding calendar

year of less than Fifty Thousand Dollars

($50,000.00) for such workers, and

(11) any person engaging in a temporary work

arrangement that allows the individual to observe

a work environment and gain work experience

without the expectation of financial

compensation;

19. “Employer” means a natural person, partnership,

association, limited liability company, corporation, and the legal

representatives of a deceased employer, or the receiver or trustee

of a person, partnership, association, corporation, or limited

liability company, departments, instrumentalities and institutions

of this state and divisions thereof, counties and divisions thereof,

Oklahoma Statutes - Title 85A. Workers' Compensation Page 11

public trusts, boards of education and incorporated cities or towns

and divisions thereof, employing a person included within the term

employee as defined in this section. Employer may also mean the

employer’s workers’ compensation insurance carrier, if applicable.

Except as provided otherwise, the Administrative Workers’

Compensation Act applies to all public and private entities and

institutions;

20. “Employment” includes work or labor in a trade, business,

occupation or activity carried on by an employer or any authorized

voluntary or uncompensated worker rendering services as a

firefighter, peace officer or emergency management worker;

21. “Evidence-based” means expert-based, literature-supported

and outcomes validated by well-designed randomized trials when such

information is available and which uses the best available evidence

to support medical decision making;

22. “Gainful employment” means the capacity to perform

employment for wages for a period of time that is not part-time,

occasional or sporadic;

23. “Impaired self-insurer” means a private self-insurer or

group self-insurance association that fails to pay its workers’

compensation obligations, or is financially unable to do so and is

the subject of any proceeding under the Federal Bankruptcy Reform

Act of 1978, and any subsequent amendments or is the subject of any

proceeding in which a receiver, custodian, liquidator,

rehabilitator, trustee or similar officer has been appointed by a

court of competent jurisdiction to act in lieu of or on behalf of

the self-insurer;

24. “Incapacity” means inadequate strength or ability to

perform a work-related task;

25. “Insurance Commissioner” means the Insurance Commissioner

of this state;

26. “Insurance Department” means the Insurance Department of

this state;

27. “Major cause” means more than fifty percent (50%) of the

resulting injury, disease or illness. A finding of major cause

shall be established by a preponderance of the evidence. A finding

that the workplace was not a major cause of the injury, disease or

illness shall not adversely affect the exclusive remedy provisions

of the Administrative Workers’ Compensation Act and shall not create

a separate cause of action outside the Administrative Workers’

Compensation Act;

28. “Maximum medical improvement” means that no further

material improvement would reasonably be expected from medical

treatment or the passage of time;

29. “Medical services” means those services specified in

Section 50 of this title;

30. “Misconduct” shall include the following:

Oklahoma Statutes - Title 85A. Workers' Compensation Page 12

a. unexplained absenteeism or tardiness,

b. willful or wanton indifference to or neglect of the

duties required,

c. willful or wanton breach of any duty required by the

employer,

d. the mismanagement of a position of employment by

action or inaction,

e. actions or omissions that place in jeopardy the

health, life, or property of self or others,

f. dishonesty,

g. wrongdoing,

h. violation of a law, or

i. violation of a policy or rule adopted to ensure

orderly work or the safety of self or others;

31. a. (1) “Objective findings” are those findings which

cannot come under the voluntary control of the

patient.

(2) (a) When determining permanent disability, a

physician, any other medical provider, an

administrative law judge, the Commission or

the courts shall not consider complaints of

pain.

(b) For the purpose of making permanent

disability ratings to the spine, physicians

shall use criteria established by the Sixth

Edition of the American Medical Association

“Guides to the Evaluation of Permanent

Impairment”.

(3) (a) Objective evidence necessary to prove

permanent disability in occupational hearing

loss cases may be established by medically

recognized and accepted clinical diagnostic

methodologies, including, but not limited

to, audiological tests that measure air and

bone conduction thresholds and speech

discrimination ability.

(b) Any difference in the baseline hearing

levels shall be confirmed by subsequent

testing; provided, however, such test shall

be given within four (4) weeks of the

initial baseline hearing level test but not

before five (5) days after being adjusted

for presbycusis.

b. Medical opinions addressing compensability and

permanent disability shall be stated within a

reasonable degree of medical certainty;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 13

32. “Official Disability Guidelines” or “ODG” means the current

edition of the Official Disability Guidelines and the ODG Treatment

in Workers’ Comp as published by the Work Loss Data Institute;

33. “Permanent disability” means the extent, expressed as a

percentage, of the loss of a portion of the total physiological

capabilities of the human body as established by competent medical

evidence and based on the Sixth Edition of the American Medical

Association “Guides to the Evaluation of Permanent Impairment”, if

the impairment is contained therein;

34. “Permanent partial disability” means a permanent disability

or loss of use after maximum medical improvement has been reached

which prevents the injured employee, who has been released to return

to work by the treating physician, from returning to his or her pre-

injury or equivalent job. All evaluations of permanent partial

disability must be supported by objective findings;

35. “Permanent total disability” means, based on objective

findings, incapacity, based upon accidental injury or occupational

disease, to earn wages in any employment for which the employee may

become physically suited and reasonably fitted by education,

training, experience or vocational rehabilitation provided under the

Administrative Workers’ Compensation Act. Loss of both hands, both

feet, both legs, or both eyes, or any two thereof, shall constitute

permanent total disability;

36. “Preexisting condition” means any illness, injury, disease,

or other physical or mental condition, whether or not work-related,

for which medical advice, diagnosis, care or treatment was

recommended or received preceding the date of injury;

37. “Pre-injury or equivalent job” means the job that the

claimant was working for the employer at the time the injury

occurred or any other employment offered by the claimant’s employer

that pays at least one hundred percent (100%) of the employee’s

average weekly wage;

38. “Private self-insurer” means a private employer that has

been authorized to self-insure its workers’ compensation obligations

pursuant to the Administrative Workers’ Compensation Act, but does

not include group self-insurance associations authorized by the

Administrative Workers’ Compensation Act, or any public employer

that self-insures pursuant to the Administrative Workers’

Compensation Act;

39. “Prosthetic” means an artificial device used to replace a

part or joint of the body that is lost or injured in an accident or

illness covered by the Administrative Workers’ Compensation Act;

40. “Scheduled member” or “member” means hands, fingers, arms,

legs, feet, toes, and eyes. In addition, for purposes of the

Multiple Injury Trust Fund only, scheduled member means hearing

impairment;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 14

41. “Scientifically based” involves the application of

rigorous, systematic, and objective procedures to obtain reliable

and valid knowledge relevant to medical testing, diagnoses and

treatment; is adequate to justify the general conclusions drawn; and

has been accepted by a peer-review journal or approved by a panel of

independent experts through a comparably rigorous, objective, and

scientific review;

42. “State average weekly wage” means the state average weekly

wage determined by the Oklahoma Employment Security Commission in

the preceding calendar year. If such determination is not

available, the Commission shall determine the wage annually after

reasonable investigation;

43. “Subcontractor” means a person, firm, corporation or other

legal entity hired by the general or prime contractor to perform a

specific task for the completion of a work-related activity;

44. “Surgery” does not include an injection, or the forcing of

fluids beneath the skin, for treatment or diagnosis;

45. “Surviving spouse” means the employee’s spouse by reason of

a legal marriage recognized by this state or under the requirements

of a common law marriage in this state, as determined by the

Oklahoma Workers’ Compensation Commission;

46. “Temporary partial disability” means an injured employee

who is temporarily unable to perform his or her job, but may perform

alternative work offered by the employer;

47. “Time of accident” or “date of accident” means the time or

date of the occurrence of the accidental incident from which

compensable injury, disability, or death results; and

48. “Wages” means money compensation received for employment at

the time of the accident, including the reasonable value of board,

rent, housing, lodging, or similar advantage received from the

employer and includes the amount of tips required to be reported by

the employer under Section 6053 of the Internal Revenue Code and the

regulations promulgated pursuant thereto or the amount of actual

tips reported, whichever amount is greater.
Okla. Stat. tit. 85A, § 85A-120 — OK Code / Title 85A / Section 85A-120
Inquiry about compensation claims
Status: in_force

A. Except as otherwise provided by state or federal law and

subject to the provisions of this section, an employer may inquire

about previous workers' compensation claims paid to an employee

while the employee was employed by a previous employer. If the

employee fails to answer truthfully about any previous permanent

partial disability awards made pursuant to workers' compensation

claims, the employee shall be subject to discharge by the employer.

B. 1. All requests made to the Workers' Compensation

Commission for information on workers' compensation claims involving

a worker, including written inquiries about prior claims and

requests to access a worker's compensation claim file, must be in

writing, on a form prescribed by the Commission, and accompanied by

a fee of One Dollar ($1.00) per search request, not to exceed One

Dollar ($1.00) per claims record of a particular worker. The fee

shall be deposited to the credit of the Workers' Compensation

Commission Revolving Fund. The form shall require identification of

the person requesting the information, and the person for whom a

search is being made if different from the requester. The form must

contain an affidavit signed by the requester under penalty of

perjury that the information sought is not requested for a purpose

in violation of state or federal law. The form must be used by all

repositories of archived Court claim files. All request forms shall

be maintained by the Commission as a public record, together with a

record of a worker's written authorization permitting a search

indexed by the worker's Social Security number as required by

Section 3113 of Title 74 of the Oklahoma Statutes. The request

forms and authorizations shall be indexed alphabetically by the last

name of the worker.

2. This subsection shall not apply:

a. to requests for claims information made by a public

officer or by a public employee in the performance of

his or her duties on behalf of a governmental entity

or as may be allowed by law,

b. to requests for claims information made by an insurer,

self-insured employer, third-party claims

administrator, or a legal representative thereof, when

necessary to process or defend a workers' compensation

claim,

c. when a worker or the worker's representative requests

review of the worker's claims information,

d. when the disclosure is made for educational or

research purposes and in such a manner that the

disclosed information cannot be used to identify any

worker who is the subject of a claim,

e. to requests for claims information made by a health

care or rehabilitation provider or the provider's

Oklahoma Statutes - Title 85A. Workers' Compensation Page 132

legal representative when necessary to process payment

of health care or rehabilitation services rendered to

a worker, and

f. to requests for claims information made by an employer

or personnel service company, including but not

limited to an individual or entity, where the worker

executes a written authorization permitting the search

and designating the employer or personnel service

company as the worker's representative for that

purpose; however, nothing in this subparagraph shall

relieve the employer or personnel service company from

complying with the requirements of utilizing the form

set forth in paragraph 1 of this subsection.
Okla. Stat. tit. 85A, § 85A-50 — OK Code / Title 85A / Section 85A-50
Failure to provide medical treatment - Medical examination
Status: in_force

- Fee schedule - Formulary.

A. The employer shall promptly provide an injured employee with

medical, surgical, hospital, optometric, podiatric, chiropractic and

nursing services, along with any medicine, crutches, ambulatory

devices, artificial limbs, eyeglasses, contact lenses, hearing aids,

and other apparatus as may be reasonably necessary in connection

with the injury received by the employee. The employer shall have

the right to choose the treating physician or chiropractor.

B. If the employer fails or neglects to provide medical

treatment within five (5) days after actual knowledge is received of

an injury, the injured employee may select a physician or

chiropractor to provide medical treatment at the expense of the

employer; provided, however, that the injured employee, or another

in the employee's behalf, may obtain emergency treatment at the

expense of the employer where such emergency treatment is not

provided by the employer.

C. Diagnostic tests shall not be repeated sooner than six (6)

months from the date of the test unless agreed to by the parties or

ordered by the Commission for good cause shown.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 81

D. Unless recommended by the treating doctor or chiropractor at

the time claimant reaches maximum medical improvement or by an

independent medical examiner, continuing medical maintenance shall

not be awarded by the Commission. The employer or insurance carrier

shall not be responsible for continuing medical maintenance or pain

management treatment that is outside the parameters established by

the Physician Advisory Committee or ODG. The employer or insurance

carrier shall not be responsible for continuing medical maintenance

or pain management treatment not previously ordered by the

Commission or approved in advance by the employer or insurance

carrier.

E. An employee claiming or entitled to benefits under the

Administrative Workers' Compensation Act, shall, if ordered by the

Commission or requested by the employer or insurance carrier, submit

himself or herself for medical examination. If an employee refuses

to submit himself or herself to examination, his or her right to

prosecute any proceeding under the Administrative Workers'

Compensation Act shall be suspended, and no compensation shall be

payable for the period of such refusal.

F. For compensable injuries resulting in the use of a medical

device, ongoing service for the medical device shall be provided in

situations including, but not limited to, medical device battery

replacement, ongoing medication refills related to the medical

device, medical device repair, or medical device replacement.

G. The employer shall reimburse the employee for the actual

mileage in excess of twenty (20) miles round trip to and from the

employee's home to the location of a medical service provider for

all reasonable and necessary treatment, for an evaluation of an

independent medical examiner and for any evaluation made at the

request of the employer or insurance carrier. The rate of

reimbursement for such travel expense shall be the official

reimbursement rate as established by the State Travel Reimbursement

Act. In no event shall the reimbursement of travel for medical

treatment or evaluation exceed six hundred (600) miles round trip.

H. Fee Schedule.

1. The Commission shall conduct a review and update of the

Current Procedural Terminology (CPT) in the Fee Schedule every two

(2) years pursuant to the provisions of paragraph 14 of this

subsection. The Fee Schedule shall establish the maximum rates that

medical providers shall be reimbursed for medical care provided to

injured employees including, but not limited to, charges by

physicians, chiropractors, dentists, counselors, hospitals,

ambulatory and outpatient facilities, clinical laboratory services,

diagnostic testing services, and ambulance services, and charges for

durable medical equipment, prosthetics, orthotics, and supplies.

The most current Fee Schedule established by the Administrator of

the Workers' Compensation Court prior to February 1, 2014, shall

Oklahoma Statutes - Title 85A. Workers' Compensation Page 82

remain in effect, unless or until the Legislature approves the

Commission's proposed Fee Schedule.

2. Reimbursement for medical care shall be prescribed and

limited by the Fee Schedule. The director of the Employees Group

Insurance Division of the Office of Management and Enterprise

Services shall provide the Commission such information as may be

relevant for the development of the Fee Schedule. The Commission

shall develop the Fee Schedule in a manner in which quality of

medical care is assured and maintained for injured employees. The

Commission shall give due consideration to additional requirements

for physicians treating an injured worker under the Administrative

Workers' Compensation Act, including, but not limited to,

communication with claims representatives, case managers, attorneys,

and representatives of employers, and the additional time required

to complete forms for the Commission, insurance carriers, and

employers.

3. In making adjustments to the Fee Schedule, the Commission

shall use, as a benchmark, the reimbursement rate for each Current

Procedural Terminology (CPT) code provided for in the fee schedule

published by the Centers for Medicare and Medicaid Services of the

U.S. Department of Health and Human Services for use in Oklahoma

(Medicare Fee Schedule) on the effective date of this section,

workers' compensation fee schedules employed by neighboring states,

the latest edition of "Relative Values for Physicians" (RVP), usual,

customary and reasonable medical payments to workers' compensation

health care providers in the same trade area for comparable

treatment of a person with similar injuries, and all other data the

Commission deems relevant. For services not valued by CMS, the

Commission shall establish values based on the usual, customary and

reasonable medical payments to health care providers in the same

trade area for comparable treatment of a person with similar

injuries.

a. No reimbursement shall be allowed for any magnetic

resonance imaging (MRI) unless the MRI is provided by

an entity that meets Medicare requirements for the

payment of MRI services or is accredited by the

American College of Radiology, the Intersocietal

Accreditation Commission or the Joint Commission on

Accreditation of Healthcare Organizations. For all

other radiology procedures, the reimbursement rate

shall be the lesser of the reimbursement rate allowed

by the 2010 Oklahoma Fee Schedule and two hundred

seven percent (207%) of the Medicare Fee Schedule.

b. For reimbursement of medical services for Evaluation

and Management of injured employees as defined in the

Fee Schedule adopted by the Commission, the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 83

reimbursement rate shall not be less than one hundred

fifty percent (150%) of the Medicare Fee Schedule.

c. Any entity providing durable medical equipment,

prosthetics, orthotics or supplies shall be accredited

by a CMS-approved accreditation organization. If a

physician provides durable medical equipment,

prosthetics, orthotics, prescription drugs, or

supplies to a patient ancillary to the patient's

visit, reimbursement shall be no more than ten percent

(10%) above cost.

d. The Commission shall develop a reasonable stop-loss

provision of the Fee Schedule to provide for adequate

reimbursement for treatment for major burns, severe

head and neurological injuries, multiple system

injuries, and other catastrophic injuries requiring

extended periods of intensive care. An employer or

insurance carrier shall have the right to audit the

charges and question the reasonableness and necessity

of medical treatment contained in a bill for treatment

covered by the stop-loss provision.

4. The right to recover charges for every type of medical care

for injuries arising out of and in the course of covered employment

as defined in the Administrative Workers' Compensation Act shall lie

solely with the Commission. When a medical care provider has

brought a claim to the Commission to obtain payment for services, a

party who prevails in full on the claim shall be entitled to

reasonable attorney fees.

5. Nothing in this section shall prevent an employer, insurance

carrier, group self-insurance association, or certified workplace

medical plan from contracting with a provider of medical care for a

reimbursement rate that is greater than or less than limits

established by the Fee Schedule.

6. A treating physician may not charge more than Four Hundred

Dollars ($400.00) per hour for preparation for or testimony at a

deposition or appearance before the Commission in connection with a

claim covered by the Administrative Workers' Compensation Act.

7. The Commission's review of medical and treatment charges

pursuant to this section shall be conducted pursuant to the Fee

Schedule in existence at the time the medical care or treatment was

provided. The judgment approving the medical and treatment charges

pursuant to this section shall be enforceable by the Commission in

the same manner as provided in the Administrative Workers'

Compensation Act for the enforcement of other compensation payments.

8. Charges for prescription drugs dispensed by a pharmacy shall

be limited to ninety percent (90%) of the average wholesale price of

the prescription, plus a dispensing fee of Five Dollars ($5.00) per

prescription. "Average wholesale price" means the amount determined

Oklahoma Statutes - Title 85A. Workers' Compensation Page 84

from the latest publication designated by the Commission.

Physicians shall prescribe and pharmacies shall dispense generic

equivalent drugs when available. If the National Drug Code, or

"NDC", for the drug product dispensed is for a repackaged drug, then

the maximum reimbursement shall be the lesser of the original

labeler's NDC and the lowest-cost therapeutic equivalent drug

product. Compounded medications shall be billed by the compounding

pharmacy at the ingredient level, with each ingredient identified

using the applicable NDC of the drug product, and the corresponding

quantity. Ingredients with no NDC area are not separately

reimbursable. Payment shall be based on a sum of the allowable fee

for each ingredient plus a dispensing fee of Five Dollars ($5.00)

per prescription.

9. When medical care includes prescription drugs dispensed by a

physician or other medical care provider and the NDC for the drug

product dispensed is for a repackaged drug, then the maximum

reimbursement shall be the lesser of the original labeler's NDC and

the lowest-cost therapeutic equivalent drug product. Payment shall

be based upon a sum of the allowable fee for each ingredient plus a

dispensing fee of Five Dollars ($5.00) per prescription. Compounded

medications shall be billed by the compounding pharmacy.

10. Implantables are paid in addition to procedural

reimbursement paid for medical or surgical services. A

manufacturer's invoice for the actual cost to a physician, hospital

or other entity of an implantable device shall be adjusted by the

physician, hospital or other entity to reflect, at the time

implanted, all applicable discounts, rebates, considerations and

product replacement programs and shall be provided to the payer by

the physician or hospital as a condition of payment for the

implantable device. If the physician, or an entity in which the

physician has a financial interest other than an ownership interest

of less than five percent (5%) in a publically traded company,

provides implantable devices, this relationship shall be disclosed

to patient, employer, insurance company, third-party commission,

certified workplace medical plan, case managers, and attorneys

representing claimant and defendant. If the physician, or an entity

in which the physician has a financial interest other than an

ownership interest of less than five percent (5%) in a publicly

traded company, buys and resells implantable devices to a hospital

or another physician, the markup shall be limited to ten percent

(10%) above cost.

11. Payment for medical care as required by the Administrative

Workers' Compensation Act shall be due within forty-five (45) days

of the receipt by the employer or insurance carrier of a complete

and accurate invoice, unless the employer or insurance carrier has a

good-faith reason to request additional information about such

invoice. Thereafter, the Commission may assess a penalty up to

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

twenty-five percent (25%) for any amount due under the Fee Schedule

that remains unpaid on the finding by the Commission that no good-

faith reason existed for the delay in payment. If the Commission

finds a pattern of an employer or insurance carrier willfully and

knowingly delaying payments for medical care, the Commission may

assess a civil penalty of not more than Five Thousand Dollars

($5,000.00) per occurrence.

12. If an employee fails to appear for a scheduled appointment

with a physician or chiropractor, the employer or insurance company

shall pay to the physician or chiropractor a reasonable charge, to

be determined by the Commission, for the missed appointment. In the

absence of a good-faith reason for missing the appointment, the

Commission shall order the employee to reimburse the employer or

insurance company for the charge.

13. Physicians or chiropractors providing treatment under the

Administrative Workers' Compensation Act shall disclose under

penalty of perjury to the Commission, on a form prescribed by the

Commission, any ownership or interest in any health care facility,

business, or diagnostic center that is not the physician's or

chiropractor's primary place of business. The disclosure shall

include any employee leasing arrangement between the physician or

chiropractor and any health care facility that is not the

physician's or chiropractor's primary place of business. A

physician's or chiropractor's failure to disclose as required by

this section shall be grounds for the Commission to disqualify the

physician or chiropractor from providing treatment under the

Administrative Workers' Compensation Act.

14. a. Beginning on May 28, 2019, the Commission shall

conduct an evaluation of the Fee Schedule, which shall

include an update of the list of Current Procedural

Terminology (CPT) codes, a line item adjustment or

renewal of all rates, and amendment as needed to the

rules applicable to the Fee Schedule.

b. The Commission shall contract with an external

consultant with knowledge of workers' compensation fee

schedules to review regional and nationwide

comparisons of Oklahoma's Fee Schedule rates and date

and market for medical services. The consultant shall

receive written and oral comment from employers,

workers' compensation medical service and insurance

providers, self-insureds, group self-insurance

associations of this state and the public. The

consultant shall submit a report of its findings and a

proposed amended Fee Schedule to the Commission.

c. The Commission shall adopt the proposed amended Fee

Schedule in whole or in part and make any additional

updates or adjustments. The Commission shall submit a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 86

proposed updated and adjusted Fee Schedule to the

President Pro Tempore of the Senate, the Speaker of

the House of Representatives and the Governor. The

proposed Fee Schedule shall become effective on July 1

following the legislative session, if approved by

Joint Resolution of the Legislature during the session

in which a proposed Fee Schedule is submitted.

d. Beginning on May 28, 2019, an external evaluation

shall be conducted and a proposed amended Fee Schedule

shall be submitted to the Legislature for approval

during the 2020 legislative session. Thereafter, an

external evaluation shall be conducted and a proposed

amended Fee Schedule shall be submitted to the

Legislature for approval every two (2) years.

I. Formulary. The Commission by rule shall adopt a closed

formulary. Rules adopted by the Commission shall allow an appeals

process for claims in which a treating doctor determines and

documents that a drug not included in the formulary is necessary to

treat an injured employee's compensable injury. The Commission by

rule shall require the use of generic pharmaceutical medications and

clinically appropriate over-the-counter alternatives to prescription

medications unless otherwise specified by the prescribing doctor, in

accordance with applicable state law.
Okla. Stat. tit. 85A, § 85A-54 — OK Code / Title 85A / Section 85A-54
Refusal to submit to surgery
Status: in_force

Except in cases of hernia, which are specifically covered by

Section 61 of this act, where an injured employee unreasonably

refuses to submit to a surgical operation which has been advised by

at least two qualified physicians and where the recommended

operation does not involve unreasonable risk of life or additional

serious physical impairment, the Commission shall take the refusal

into consideration when determining compensation for permanent

partial or permanent total disability.
Okla. Stat. tit. 85A, § 85A-64 — OK Code / Title 85A / Section 85A-64
Certification of workplace medical plan
Status: in_force

A. Any person or entity may make written application to the

State Commissioner of Health to have a workplace medical plan

certified that provides management of quality treatment to injured

employees for injuries and diseases compensable under this act.

Each application for certification shall be accompanied by a fee of

One Thousand Five Hundred Dollars ($1,500.00). A workplace medical

plan may be certified to provide services to a limited geographic

area. A certificate is valid for a five-year period, unless revoked

or suspended. Application for certification shall be made in the

form and manner and shall set forth information regarding the

proposed program for providing services as the State Commissioner of

Health may prescribe. The information shall include, but not be

limited to:

1. A list of the names of all medical providers who shall

provide services under the plan, together with appropriate evidence

Oklahoma Statutes - Title 85A. Workers' Compensation Page 93

of compliance with any licensing or certification requirements for

those providers to practice in this state; and

2. A description of the places and manner of providing services

under the plan.

B. The State Commissioner of Health shall not certify a plan

unless he or she finds that the plan:

1. Proposes to provide quality services for all medical

services which:

a. may be required by this act in a manner that is

timely, effective and convenient for the employee, and

b. utilize medical treatment guidelines and protocols

consistent with those established by the Official

Disability Guidelines;

2. Is reasonably geographically convenient to residents of the

area for which it seeks certification;

3. Provides appropriate financial incentives to reduce service

costs and utilization without sacrificing the quality of service;

4. Provides adequate methods of peer review, utilization review

and dispute resolution to prevent inappropriate, excessive or

medically unnecessary treatment, and excludes participation in the

plan by those providers who violate these treatment standards;

5. Provides aggressive case management for injured employees

and a program for early return to work;

6. Provides a timely and accurate method of reporting to the

State Commissioner of Health necessary information regarding medical

service costs and utilization to enable the State Commissioner of

Health to determine the effectiveness of the plan;

7. Authorizes necessary emergency medical treatment for an

injury provided by a provider of medical, surgical, and hospital

services who is not a part of the plan; and

8. Does not discriminate against or exclude from participation

in the plan any category of providers of medical, surgical, or

hospital services and includes an adequate number of each category

of providers of medical, surgical, and hospital services to give

participants access to all categories of providers and does not

discriminate against ethnic minority providers of medical services.

C. The State Commissioner of Health may accept findings,

licenses or certifications of other state agencies as satisfactory

evidence of compliance with a particular requirement of this

section.

D. Except for self-insured employers, if any insurer does not

contract with or provide access to a certified workplace medical

plan, an insured, after sixty (60) days' written notice to its

insurance carrier, shall be authorized to contract independently

with a plan of his or her choice for a period of one (1) year, to

provide medical care under this act. The insured shall be

authorized to contract, after sixty (60) days' written notice to its

Oklahoma Statutes - Title 85A. Workers' Compensation Page 94

insurance carrier, for additional one-year periods if the insurer

has not contracted with or provided access to a certified workplace

medical plan.

E. If an employer is not experience-rated when it participates

in a certified workplace medical plan, its workers' compensation

insurer shall grant a ten-percent premium reduction.

F. The State Commissioner of Health shall refuse to certify or

shall revoke or suspend the certification of a plan if the State

Commissioner of Health finds that the program for providing medical

or health care services fails to meet the requirements of this

section, or service under the plan is not being provided in

accordance with the terms of the plan.

G. The State Commissioner of Health shall implement a site

visit protocol for employees of the State Department of Health to

perform an inspection of a certified workplace medical plan to

ensure that medical services to an employee and the medical

management of the employee's needs are adequately met in a timely

manner and that the certified workplace medical plan is complying

with all other applicable provisions of this act and the State

Department of Health. This protocol shall include, but not be

limited to:

1. A site visit shall be made to each certified workplace

medical plan not less often than once every year, but not later than

thirty (30) days following the anniversary date of issuance of the

initial or latest renewal certificate;

2. A site visit shall determine whether or not a certified

workplace medical plan is operating in accordance with its latest

application to the State Department of Health;

3. Compliant operations shall include, but not be limited to:

a. timely and effective medical services available with

reasonable geographic convenience,

b. treatment guidelines and protocols consistent with the

Official Disability Guidelines, and

c. effective programs for utilization review, case

management, grievances, and dispute resolution;

4. Performance of a site visit shall include:

a. inspection of organizational documentation,

b. inspection of systems documentation and processes,

c. random or systematic sampling of closed and open case

management cases,

d. workplace medical plan employee and management

interviews, as appropriate;

5. An initial site visit may occur with an interval of less

than twelve (12) months to a recently certified plan, or a site

visit may occur more often than once in every twelve (12) months if

the State Commissioner of Health has reason to suspect that a plan

is not operating in accordance with its certification;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 95

6. If a deficient practice is identified during a site visit,

the State Department of Health shall require a certified workplace

medical plan to submit a timely and acceptable written plan of

correction, and then may perform a follow-up visit or visits to

ensure that the deficient practice has been eliminated;

7. If a deficient practice is not remedied by a certified

workplace medical plan on a timely basis, the State Commissioner of

Health shall revoke or suspend the certification of the plan;

8. In addition to the certification fee required pursuant to

subsection A of this section, certified workplace medical plans

shall pay the State Department of Health:

a. One Thousand Five Hundred Dollars ($1,500.00) for an

initial annual site visit, and

b. One Thousand Dollars ($1,000.00) for each follow-up

visit, but only if less than two site visits occur in

a twelve-month period; and

9. In addition to the site visit fee required pursuant to

paragraph 8 of this subsection, employees of the State Department of

Health may charge to the certified workplace medical plan reasonable

travel and travel-related expenses for the site visit such as

overnight lodging and meals. A certified workplace medical plan

shall reimburse travel expenses to the State Department of Health at

rates equal to the amounts then currently allowed under the State

Travel Reimbursement Act.

I. The State Board of Health shall adopt such rules as may be

necessary to implement the provisions of this section. Such rules

shall authorize any person to petition the State Commissioner of

Health for decertification of a certified workplace medical plan for

a material violation of any rules promulgated pursuant to this

section.
Okla. Stat. tit. 85A, § 85A-319 — OK Code / Title 85A / Section 85A-319
Record of the award
Status: in_force

Oklahoma Statutes - Title 85A. Workers' Compensation Page 149

A. An arbitrator shall make a record of the award. The award

may contain the evidence and conclusion upon which the award was

based unless the agreement of the parties specifies the type of

award to be issued. The record shall be signed or otherwise

authenticated by any arbitrator who concurs with the award. The

arbitrator or the arbitration organization shall give notice of the

award, including a copy of the award, to each party to the

arbitration proceeding.

B. An award shall be made within the time specified by the

agreement to arbitrate or, if not specified therein, within the time

ordered by the Commission. The Commission may extend or the parties

to the arbitration proceeding may agree in a record to extend the

time. The Commission or the parties may do so within or after the

time specified or ordered. A party waives any objection that an

award was not timely made unless the party gives notice of the

objection to the arbitrator before receiving notice of the award.
Okla. Stat. tit. 85A, § 85A-302 — OK Code / Title 85A / Section 85A-302
Notice
Status: in_force

A. Except as otherwise provided in the Workers' Compensation

Arbitration Act, a person gives notice to another person by taking

action that is reasonably necessary to inform the other person in

ordinary course, whether or not the other person acquires knowledge

of the notice.

B. A person has notice if the person has knowledge of the

notice or has received notice.

C. A person shall be deemed to have received notice when it

comes to the person's attention or the notice is delivered at the

person's place of residence or place of business, or at another

location held out by the person as a place of delivery of the

communications.
Okla. Stat. tit. 85A, § 85A-116 — OK Code / Title 85A / Section 85A-116
Awards for permanent disability
Status: in_force

A. Awards for permanent partial disability shall be made

pursuant to Sections 45 and 46 of this act, less any sums previously

paid which the Workers' Compensation Commission may find to be a

proper credit thereon. When the award becomes final, the whole sum

or any unpaid portion thereof shall operate as a final adjudicated

obligation and payment thereof may be enforced by the claimant or in

case of the claimant's death, by the surviving beneficiary entitled

to the proceeds as provided in Section 47 of this act.

B. Awards for permanent total disability shall entitle the

claimant to receive weekly income benefits for the period prescribed

in this act. When an award for permanent total disability becomes

final, the accrued portion thereof shall operate as a final

adjudicated obligation and payment thereof may be enforced by the

claimant or in case of the claimant's death, by the surviving

beneficiary entitled to the proceeds as provided in this act.

Permanent total disability awards shall not be commuted to a lump-

sum payment.
Okla. Stat. tit. 85A, § 85A-33 — OK Code / Title 85A / Section 85A-33
Statute of limitations
Status: in_force

A. The right to claim compensation for benefits from the

Multiple Injury Trust Fund shall be forever barred unless a Notice

of Claim, on a form prescribed by the Workers' Compensation

Commission, shall be filed with the Commission within one (1) year

Oklahoma Statutes - Title 85A. Workers' Compensation Page 59

of the date of the last order for permanent partial disability

arising from the latest claim against the last employer.

B. When a claim for benefits from the Multiple Injury Trust

Fund is filed, unless a claimant shall in good faith request a

hearing and final determination thereon within two (2) years of the

filing thereof, the same shall be barred.

C. An attorney who represents a respondent or insurance carrier

in a claim against the last employer shall not represent the

employee in a subsequent claim against the Multiple Injury Trust

Fund.
Okla. Stat. tit. 85A, § 85A-68 — OK Code / Title 85A / Section 85A-68
Rebuttable presumption injury not work-related
Status: in_force

A. Unless an employee gives oral or written notice to the

employer within thirty (30) days of the date an injury occurs, the

rebuttable presumption shall be that the injury was not work-

related. Such presumption must be overcome by a preponderance of

the evidence.

B. Unless an employee gives oral or written notice to the

employer within thirty (30) days of the employee's separation from

employment, there shall be a rebuttable presumption that an

occupational disease or cumulative trauma injury did not arise out

of and in the course of employment. Such presumption must be

overcome by a preponderance of the evidence.
Okla. Stat. tit. 85A, § 85A-87 — OK Code / Title 85A / Section 85A-87
Settlement of claim
Status: in_force

If the employer or carrier and the injured employee desire to

settle the claim, they shall file a joint petition for settlement

with the Workers' Compensation Commission. After the joint petition

has been filed, the Commission shall order that all workers'

compensation claims between the parties covered by the joint

petition have been settled. No appeal shall lie from a judgment or

award denying a joint petition.
Okla. Stat. tit. 85A, § 85A-300 — OK Code / Title 85A / Section 85A-300
Short title - Workers' Compensation Arbitration Act
Status: in_force

Sections 300 through 328 of this title shall be known and may be

cited as the "Workers' Compensation Arbitration Act".
Okla. Stat. tit. 85A, § 85A-100 — OK Code / Title 85A / Section 85A-100
Self-insurance Guaranty Fund Board as party to
Status: in_force

proceedings.

A. The Self-insurance Guaranty Fund Board shall be a party in

interest in all proceedings involving compensation claims against an

impaired self-insurer whose compensation claims have been paid or

assumed by the Commission and shall have all rights of subrogation

of the impaired self-insurer. In such proceedings, the Board may

assume and exercise all rights and defenses of the impaired self-

insurer, including, but not limited to, the right to:

1. Appear, defend and appeal claims;

2. Receive notice of, investigate, adjust, compromise, settle

and pay claims; and

3. Investigate, handle and contest claims.

B. The Board may:

1. Retain such persons as are necessary to handle claims and

perform other duties of the Board;

2. Sue or be sued;

3. Negotiate and become a party to such contracts as are

necessary to carry out the purposes of the Administrative Workers'

Compensation Act; and

Oklahoma Statutes - Title 85A. Workers' Compensation Page 118

4. Exercise any other powers necessary to perform its duties

under the Administrative Workers' Compensation Act as prescribed by

the Board.
Okla. Stat. tit. 85A, § 85A-121 — OK Code / Title 85A / Section 85A-121
Advisory Council on Workers' Compensation
Status: in_force

A. There is hereby created an Advisory Council on Workers'

Compensation.

B. The voting membership of the Advisory Council shall consist

of nine (9) members. Any member serving on the effective date of

this section shall serve the remainder of his or her term. The

chair of the Workers' Compensation Commission shall be an ex officio

nonvoting member.

1. The Governor shall appoint three members representing

employers in this state, one of whom shall be from a list of

nominees provided by the predominant statewide broad-based business

organization.

2. The Speaker of the House of Representatives shall appoint

three members representing employees in this state, one of whom

shall be from a list of nominees provided by the most representative

labor organization in the state.

3. The President Pro Tempore of the Senate shall appoint three

members, two who are attorneys representing the legal profession in

this state, one of whom shall be an attorney who practices primarily

in the area of defense of workers' compensation claims, and one of

whom shall be an attorney who primarily represents claimants, and a

medical doctor or doctor of osteopathy actively engaged in the

treatment of injured workers.

C. The term of office for appointees shall be as follows:

1. The term of office for three positions, one each appointed

by the Governor, the President Pro Tempore of the Senate and the

Speaker of the House of Representatives shall expire on January 1,

2015;

2. The term of office for three positions, one each appointed

by the Governor, the President Pro Tempore of the Senate and the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 133

Speaker of the House of Representatives shall expire on January 1,

2016; and

3. The term of office for three positions, one each appointed

by the Governor, the President Pro Tempore of the Senate and the

Speaker of the House of Representatives shall expire on January 1,

2017.

D. Thereafter, successors in office shall be appointed for a

three-year term. Members shall be eligible to succeed themselves in

office.

E. Any person appointed to fill a vacancy shall be appointed

for the unexpired portion of the term.

F. The chair and the vice-chair of the Advisory Council shall

be appointed by the Governor.

G. Members shall receive their traveling and other necessary

expenses incurred in the performance of their duties as provided in

the State Travel Reimbursement Act.

H. Meetings of the Advisory Council shall be quarterly or as

called by the chair or upon petition by a majority of the voting

members. The presence of five voting members constitutes a quorum.

No action shall be taken by the Advisory Council without the

affirmative vote of at least five members.

I. The Commission shall provide office supplies and personnel

of the Commission to carry out any of the duties that have been

entrusted to the Advisory Council.

J. The Advisory Council shall analyze and review the workers'

compensation system, the reports of the Commission, and trends in

the field of workers' compensation. The Advisory Council may

recommend improvements and proper responses to developing trends.

The Advisory Council shall report its findings annually to the

Governor, the Chief Justice of the Supreme Court, the President Pro

Tempore of the Senate, and the Speaker of the House of

Representatives.

K. In addition to other duties required by this section, the

Advisory Council shall consult with the Commission regarding

oversight of independent medical examiners as provided in Section 45

of this title.
Okla. Stat. tit. 85A, § 85A-35.1 — OK Code / Title 85A / Section 85A-35.1
Court reporter – Stenographic recording of settlements
Status: in_force

A court reporter employed by or contracted by the Workers'

Compensation Commission shall be authorized to stenographically

report both joint petition settlements and compromise settlements in

the Workers' Compensation Court of Existing Claims. A court

reporter employed by or contracted by the Workers' Compensation

Court of Existing Claims shall be authorized to stenographically

report both compromise settlements and joint petition settlements

under the jurisdiction of the Commission.
Okla. Stat. tit. 85A, § 85A-80 — OK Code / Title 85A / Section 85A-80
Review of compensation judgments
Status: reserved

A. A final order for permanent disability is a final

adjudication of all issues pending in the claim unless reserved in

the order or by operation of law. Except where a joint petition

settlement has been approved, the Workers' Compensation Commission

may review any compensation judgment, award, or decision. Such

review may be done at any time within six (6) months from the date

of the last order in which monetary benefits were awarded or active

medical treatment was provided, on the Commission's own motion or on

the application of any party in interest, and unless filed within

such period of time shall be forever barred. On review, the

Commission may make a judgment or award terminating, continuing,

decreasing, or increasing for the future the compensation previously

awarded, subject to the maximum limits provided for in this title.

An order denying an application to reopen a claim shall not extend

the period of time set out in this title for reopening the claim. A

failure to comply with a medical treatment plan ordered by the

Commission shall bar the reopening of a claim.

B. The review and subsequent award shall be made in accordance

with the procedure prescribed in Sections 69 through 78 of this

title. No review shall affect any compensation paid under a prior

order, judgment or award.

C. The Commission may correct any clerical error in any

compensation judgment or award within one (1) year from the date of

its issuance.

D. Aging and the effects of aging on a compensable injury are

not to be considered in determining whether there has been a change

in physical condition. Aging or the effect of aging on a

compensable injury shall not be considered in determining permanent

disability under this section or any other section in this act.
Okla. Stat. tit. 85A, § 85A-46 — OK Code / Title 85A / Section 85A-46
Permanent partial disability schedule
Status: in_force

A. An injured employee who is entitled to receive permanent

partial disability compensation under Section 45 of this title shall

receive compensation for each part of the body in accordance with

the number of weeks for the scheduled loss set forth below.

1. Arm amputated at the elbow, or between the elbow and

shoulder, two hundred seventy-five (275) weeks;

2. Arm amputated between the elbow and wrist, two hundred

twenty (220) weeks;

3. Leg amputated at the knee, or between the knee and the hip,

two hundred seventy-five (275) weeks;

4. Leg amputated between the knee and the ankle, two hundred

twenty (220) weeks;

5. Hand amputated, two hundred twenty (220) weeks;

6. Thumb amputated, sixty-six (66) weeks;

7. First finger amputated, thirty-nine (39) weeks;

8. Second finger amputated, thirty-three (33) weeks;

9. Third finger amputated, twenty-two (22) weeks;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 77

10. Fourth finger amputated, seventeen (17) weeks;

11. Foot amputated, two hundred twenty (220) weeks;

12. Great toe amputated, thirty-three (33) weeks;

13. Toe other than great toe amputated, eleven (11) weeks;

14. Eye enucleated, in which there was useful vision, two

hundred seventy-five (275) weeks;

15. Loss of hearing of one ear, one hundred ten (110) weeks;

16. Loss of hearing of both ears, three hundred thirty (330)

weeks; and

17. Loss of one testicle, fifty-three (53) weeks; loss of both

testicles, one hundred fifty-eight (158) weeks.

B. The permanent partial disability rate of compensation for

amputation or permanent total loss of use of a scheduled member

specified in this section shall be seventy percent (70%) of the

employee's average weekly wage, not to exceed Three Hundred Fifty

Dollars ($350.00) with an increase to Three Hundred Sixty Dollars

($360.00) on July 1, 2021, multiplied by the number of weeks as set

forth in this section, regardless of whether or not the injured

employee is able to return to his or her pre-injury job.

C. Other cases: In cases in which the Workers' Compensation

Commission finds an injury to a part of the body not specifically

covered by the foregoing provisions of this section, the employee

may be entitled to compensation for permanent partial disability.

The compensation ordered paid shall be seventy percent (70%) of the

employee's average weekly wage, not to exceed Three Hundred Fifty

Dollars ($350.00) with an increase to Three Hundred Sixty Dollars

($360.00) on July 1, 2021, for the number of weeks which the partial

disability of the employee bears to three hundred fifty (350) weeks.

D. 1. Compensation for amputation of the first phalange of a

digit shall be one-half (1/2) of the compensation for the amputation

of the entire digit.

2. Compensation for amputation of more than one phalange of a

digit shall be the same as for amputation of the entire digit.

E. 1. Compensation for the permanent loss of eighty percent

(80%) or more of the vision of an eye shall be the same as for the

loss of an eye.

2. In all cases of permanent loss of vision, the use of

corrective lenses may be taken into consideration in evaluating the

extent of loss of vision.

F. Compensation for amputation or loss of use of two or more

digits or one or more phalanges of two or more digits of a hand or a

foot may be proportioned to the total loss of use of the hand or the

foot occasioned thereby but shall not exceed the compensation for

total loss of a hand or a foot.

G. Compensation for permanent total loss of use of a member

shall be the same as for amputation of the member.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 78

H. The sum of all permanent partial disability awards,

excluding awards against the Multiple Injury Trust Fund, shall not

exceed three hundred fifty (350) weeks.
Okla. Stat. tit. 85A, § 85A-318 — OK Code / Title 85A / Section 85A-318
Pre-award ruling
Status: in_force

If an arbitrator makes a pre-award ruling in favor of a party,

the party may request the arbitrator to incorporate the ruling into

an award under Section 319 of this title. A prevailing party may

make an application and motion to the Commission for an expedited

judgment to confirm the award under Section 322 of this title, in

which case the Workers' Compensation Commission shall summarily

decide the motion. The Commission shall issue a judgment to confirm

the award unless the Commission vacates, modifies, or corrects the

award under Section 323 or 324 of this title.
Okla. Stat. tit. 85A, § 85A-32 — OK Code / Title 85A / Section 85A-32
Permanent total disability awards
Status: in_force

A. If an employee who is a "physically impaired person"

receives an accidental personal injury compensable under the

Administrative Workers' Compensation Act which results in additional

permanent disability so that the degree of disability caused by the

combination of both disabilities results in disability materially

greater than that which would have resulted from the subsequent

injury alone, the employee may proceed against the Multiple Injury

Trust Fund for permanent total disability. Only disability due to

an injury to the body as a whole at a subsequent employer shall be

combinable with a prior body disability, except that disability to a

member may be combined with disability to the body as a whole. If

such combined disabilities constitute permanent total disability, as

defined in Section 2 of this title, the employee shall receive full

compensation as provided by law for the disability resulting

directly and specifically from the subsequent injury. In addition,

the employee shall receive compensation for permanent total

disability if the combination of injuries renders the employee

permanently and totally disabled. The employer shall be liable only

for the degree of percent of disability which would have resulted

from the subsequent injury if there had been no preexisting

impairment. The compensation rate for permanent total disability

awards from the Multiple Injury Trust Fund shall be the compensation

rate for permanent partial disability paid by the employer in the

last combinable compensable injury.

B. Permanent total disability awards from the Multiple Injury

Trust Fund shall be payable in periodic installments for a period of

eight (8) years or until the employee reaches sixty-five (65) years

of age, whichever period is longer.

C. Permanent total disability awards from the Multiple Injury

Trust Fund shall accrue from the file date of the order of the

Workers' Compensation Commission finding the claimant to be

permanently and totally disabled.

D. Before a physically impaired person can proceed against the

Multiple Injury Trust Fund, the previously adjudicated compensable

permanent partial disability adjudged and determined by the Workers'

Oklahoma Statutes - Title 85A. Workers' Compensation Page 58

Compensation Court, the Workers' Compensation Court of Existing

Claims or the Workers' Compensation Commission and the permanent

partial disability from the last injury must exceed fifty percent

(50%) to the body as a whole. However, amputations and loss of use

of a scheduled member qualifying as previous impairment under

paragraph 2 of subsection A of Section 30 of this title shall be

considered in lieu of previously adjudicated compensable permanent

partial disability.

E. Awards under this section shall abate upon the death, from

any cause, of the employee.

F. Reopening any prior claim other than the last injury claim

against the employer shall not give a claimant the right to

additional Multiple Injury Trust Fund benefits.

G. The Multiple Injury Trust Fund shall have authority to

compromise a claim for less than the indicated amount of permanent

total disability. Orders shall be paid in periodic installments

beginning on the date of the award, unless commuted to a lump-sum

payment or payments, by agreement of the claimant and the Multiple

Injury Trust Fund. All offers made by the Multiple Injury Trust

Fund pursuant to this section shall be conveyed by the claimant's

attorney to the claimant within five (5) days of receipt of the

offer.

H. If an order is entered finding an employee to be permanently

totally disabled as a result of combined disability, and such order

is the result of a compromised settlement, the employee is

thereafter prohibited from making an additional claim against the

Multiple Injury Trust Fund. An attorney for a claimant against the

Multiple Injury Trust Fund shall be entitled to a fee equal to

twenty percent (20%) of permanent disability benefits awarded. The

attorney fee shall be paid in periodic installments by the attorney

receiving every fifth check. All benefits awarded to the attorney

shall be vested at the time the award becomes final.

I. In the event a claimant receiving benefits for permanent and

total disability from the Multiple Injury Trust Fund dies as a

result of his or her injury before the award has been fully paid,

payments shall continue to the surviving spouse for five (5) years

or upon remarriage, whichever occurs first. In no event shall

payments to the surviving spouse extend beyond the period of

benefits awarded to the claimant.
Okla. Stat. tit. 85A, § 85A-310 — OK Code / Title 85A / Section 85A-310
Consolidation of separate arbitration proceedings
Status: in_force

A. Except as otherwise provided in subsection C of this

section, on application and motion of a party to an arbitration

agreement or arbitration proceeding, the Commission may order

consolidation of separate arbitration proceedings as to all or some

of the claims if:

1. There are separate agreements to arbitrate or separate

arbitration proceedings between the same persons or one of them is a

party to a separate agreement to arbitrate or a separate arbitration

proceeding with a third person;

2. The claims subject to the agreements to arbitrate arise in

substantial part from the same transaction or series of related

transactions;

3. The existence of a common issue of law or fact creates the

possibility of conflicting decisions in the separate arbitration

proceedings; and

4. Prejudice resulting from a failure to consolidate is not

outweighed by the risk of undue delay or prejudice to the rights of

or hardship to parties opposing consolidation.

B. The Commission may order consolidation of separate

arbitration proceedings as to some claims and allow other claims to

be resolved in separate arbitration proceedings.

C. The Commission may not order consolidation of the claims of

a party to an agreement to arbitrate if the agreement prohibits

consolidation.
Okla. Stat. tit. 85A, § 85A-2v2 — OK Code / Title 85A / Section 85A-2v2
Definitions
Status: in_force

As used in the Administrative Workers’ Compensation Act:

1. “Actually dependent” means a surviving spouse, a child or

any other person who receives one-half (1/2) or more of his or her

support from the employee;

2. “Carrier” means any stock company, mutual company, or

reciprocal or interinsurance exchange authorized to write or carry

on the business of workers’ compensation insurance in this state.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 15

Whenever required by the context, the term carrier shall be deemed

to include duly qualified self-insureds or self-insured groups;

3. “Case management” means the ongoing coordination, by a case

manager, of health care services provided to an injured or disabled

worker, including but not limited to systematically monitoring the

treatment rendered and the medical progress of the injured or

disabled worker; ensuring that any treatment plan follows all

appropriate treatment protocols, utilization controls and practice

parameters; assessing whether alternative health care services are

appropriate and delivered in a cost-effective manner based upon

acceptable medical standards; and ensuring that the injured or

disabled worker is following the prescribed health care plan;

4. “Case manager” means a person who is a registered nurse with

a current, active unencumbered license from the Oklahoma Board of

Nursing, or possesses one or more of the following certifications

which indicate the individual has a minimum number of years of case

management experience, has passed a national competency test and

regularly obtains continuing education hours to maintain

certification:

a. Certified Disability Management Specialist (CDMS),

b. Certified Case Manager (CCM),

c. Certified Rehabilitation Registered Nurse (CRRN),

d. Case Manager - Certified (CMC),

e. Certified Occupational Health Nurse (COHN), or

f. Certified Occupational Health Nurse Specialist (COHN-

S);

5. “Certified workplace medical plan” means an organization of

health care providers or any other entity, certified by the State

Commissioner of Health, that is authorized to enter into a

contractual agreement with an employer, a group self-insurance

association plan, an employer’s workers’ compensation insurance

carrier, a third-party administrator or an insured to provide

medical care under the Administrative Workers’ Compensation Act.

Certified plans shall only include plans which provide medical

services and payment for services on a fee-for-service basis to

medical providers;

6. “Child” means a natural or adopted son or daughter of the

employee under eighteen (18) years of age; or a natural or adopted

son or daughter of an employee eighteen (18) years of age or over

who is physically or mentally incapable of self-support; or any

natural or adopted son or daughter of an employee eighteen (18)

years of age or over who is actually dependent; or any natural or

adopted son or daughter of an employee between eighteen (18) and

twenty-three (23) years of age who is enrolled as a full-time

student in any accredited educational institution. The term child

includes a posthumous child, a child legally adopted or one for whom

adoption proceedings are pending at the time of death, an actually

Oklahoma Statutes - Title 85A. Workers' Compensation Page 16

dependent stepchild or an actually dependent acknowledged child born

out of wedlock;

7. “Claimant” means a person who claims benefits for an injury

or occupational disease pursuant to the provisions of the

Administrative Workers’ Compensation Act;

8. “Commission” means the Oklahoma Workers’ Compensation

Commission;

9. a. “Compensable injury” means damage or harm to the

physical structure of the body, or damage or harm to

prosthetic appliances, including eyeglasses, contact

lenses, or hearing aids, of which the major cause is

either an accident, cumulative trauma or occupational

disease arising out of the course and scope of

employment. An “accident” means an event involving

factors external to the employee that:

(1) was unintended, unanticipated, unforeseen,

unplanned and unexpected,

(2) occurred at a specifically identifiable time and

place,

(3) occurred by chance or from unknown causes, or

(4) was independent of sickness, mental incapacity,

bodily infirmity or any other cause.

b. Compensable injury does not include:

(1) injury to any active participant in assaults or

combats which, although they may occur in the

workplace, are the result of non-employment-

related hostility or animus of one, both, or all

of the combatants and which assault or combat

amounts to a deviation from customary duties;

provided, however, injuries caused by horseplay

shall not be considered to be compensable

injuries, except for innocent victims,

(2) injury incurred while engaging in or performing

or as the result of engaging in or performing any

recreational or social activities for the

employee’s personal pleasure,

(3) injury which was inflicted on the employee at a

time when employment services were not being

performed or before the employee was hired or

after the employment relationship was terminated,

(4) injury if the accident was caused by the use of

alcohol, illegal drugs, or prescription drugs

used in contravention of physician’s orders. If

a biological specimen is collected within twenty-

four (24) hours of the employee being injured or

reporting an injury, or if at any time after the

injury a biological specimen is collected by the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 17

Office of the Chief Medical Examiner if the

injured employee does not survive for at least

twenty-four (24) hours after the injury and the

employee tests positive for intoxication, an

illegal controlled substance, or a legal

controlled substance used in contravention to a

treating physician’s orders, or refuses to

undergo the drug and alcohol testing, there shall

be a rebuttable presumption that the injury was

caused by the use of alcohol, illegal drugs, or

prescription drugs used in contravention of

physician’s orders. This presumption may only be

overcome if the employee proves by clear and

convincing evidence that his or her state of

intoxication had no causal relationship to the

injury,

(5) any strain, degeneration, damage or harm to, or

disease or condition of, the eye or

musculoskeletal structure or other body part

resulting from the natural results of aging,

osteoarthritis, arthritis, or degenerative

process including, but not limited to,

degenerative joint disease, degenerative disc

disease, degenerative

spondylosis/spondylolisthesis and spinal

stenosis, or

(6) any preexisting condition except when the

treating physician clearly confirms an

identifiable and significant aggravation incurred

in the course and scope of employment.

c. A compensable injury shall be established by medical

evidence supported by objective findings as defined in

paragraph 31 of this section.

d. The injured employee shall prove by a preponderance of

the evidence that he or she has suffered a compensable

injury.

e. Benefits shall not be payable for a condition which

results from a non-work-related independent

intervening cause following a compensable injury which

causes or prolongs disability or aggravation or

requires treatment. A non-work-related independent

intervening cause does not require negligence or

recklessness on the part of a claimant.

f. An employee who suffers a compensable injury shall be

entitled to receive compensation as prescribed in the

Administrative Workers’ Compensation Act.

Notwithstanding other provisions of law, if it is

Oklahoma Statutes - Title 85A. Workers' Compensation Page 18

determined that a compensable injury did not occur,

the employee shall not be entitled to compensation

under the Administrative Workers’ Compensation Act;

10. “Compensation” means the money allowance payable to the

employee or to his or her dependents and includes the medical

services and supplies provided for in Section 50 of this title and

funeral expenses;

11. “Consequential injury” means injury or harm to a part of

the body that is a direct result of the injury or medical treatment

to the part of the body originally injured in the claim. The

Commission shall not make a finding of a consequential injury unless

it is established by objective medical evidence that medical

treatment for such part of the body is required;

12. “Continuing medical maintenance” means medical treatment

that is reasonable and necessary to maintain a claimant’s condition

resulting from the compensable injury or illness after reaching

maximum medical improvement. Continuing medical maintenance shall

not include diagnostic tests, surgery, injections, counseling,

physical therapy, or pain management devices or equipment;

13. “Course and scope of employment” means an activity of any

kind or character for which the employee was hired and that relates

to and derives from the work, business, trade or profession of an

employer, and is performed by an employee in the furtherance of the

affairs or business of an employer. The term includes activities

conducted on the premises of an employer or at other locations

designated by an employer and travel by an employee in furtherance

of the affairs of an employer that is specifically directed by the

employer. This term does not include:

a. an employee’s transportation to and from his or her

place of employment,

b. travel by an employee in furtherance of the affairs of

an employer if the travel is also in furtherance of

personal or private affairs of the employee,

c. any injury occurring in a parking lot or other common

area adjacent to an employer’s place of business

before the employee clocks in or otherwise begins work

for the employer or after the employee clocks out or

otherwise stops work for the employer unless the

employer owns or maintains exclusive control over the

area, or

d. any injury occurring while an employee is on a work

break, unless the injury occurs while the employee is

on a work break inside the employer’s facility or in

an area owned by or exclusively controlled by the

employer and the work break is authorized by the

employee’s supervisor;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 19

14. “Cumulative trauma” means an injury to an employee that is

caused by the combined effect of repetitive physical activities

extending over a period of time in the course and scope of

employment. Cumulative trauma shall not mean fatigue, soreness or

general aches and pain that may have been caused, aggravated,

exacerbated or accelerated by the employee’s course and scope of

employment. Cumulative trauma shall have resulted directly and

independently of all other causes;

15. “Death” means only death resulting from compensable injury

as defined in paragraph 9 of this section;

16. “Disability” means incapacity because of compensable injury

to earn, in the same or any other employment, substantially the same

amount of wages the employee was receiving at the time of the

compensable injury;

17. “Drive-away operations” includes every person engaged in

the business of transporting and delivering new or used vehicles by

driving, either singly or by towbar, saddle-mount or full-mount

method, or any combination thereof, with or without towing a

privately owned vehicle;

18. a. “Employee” means any person, including a minor, in the

service of an employer under any contract of hire or

apprenticeship, written or oral, expressed or implied,

but excluding one whose employment is casual and not

in the course of the trade, business, profession, or

occupation of his or her employer and excluding one

who is required to perform work for a municipality or

county or the state or federal government on having

been convicted of a criminal offense or while

incarcerated. Employee shall also include a member of

the Oklahoma National Guard while in the performance

of duties only while in response to state orders and

any authorized voluntary or uncompensated worker,

rendering services as a firefighter, law enforcement

officer or emergency management worker. Travel by a

police officer, fireman, or a member of a first aid or

rescue squad, in responding to and returning from an

emergency, shall be deemed to be in the course of

employment.

b. The term employee shall not include:

(1) any person for whom an employer is liable under

any Act of Congress for providing compensation to

employees for injuries, disease or death arising

out of and in the course of employment including,

but not limited to, the Federal Employees’

Compensation Act, the Federal Employers’

Liability Act, the Longshore and Harbor Workers’

Oklahoma Statutes - Title 85A. Workers' Compensation Page 20

Compensation Act and the Jones Act, to the extent

his or her employees are subject to such acts,

(2) any person who is employed in agriculture,

ranching, or horticulture by an employer who had

a gross annual payroll in the preceding calendar

year of less than One Hundred Fifty Thousand

Dollars ($150,000.00) wages for agricultural,

ranching or horticultural workers, or any person

who is employed in agriculture, ranching or

horticulture who is not engaged in operation of

motorized machines. This exemption applies to

any period of time for which such employment

exists, irrespective of whether or not the person

is employed in other activities for which the

exemption does not apply. If the person is

employed for part of a year in exempt activities

and for part of a year in nonexempt activities,

the employer shall be responsible for providing

workers’ compensation only for the period of time

for which the person is employed in nonexempt

activities,

(3) any person who is a licensed real estate sales

associate or broker, paid on a commission basis,

(4) any person employed by an employer with five or

fewer total employees, all of whom are related

within the second degree by blood or marriage to

the employer, all of whom are dependents living

in the household of the employer, or all of whom

are a combination of such relatives and

dependents. If the employer is not a natural

person such relative shall be related within the

second degree by blood or marriage to a person

who owns fifty percent (50%) or more of the

employer, or such dependent shall be in the

household of a person who owns fifty percent

(50%) or more of the employer,

(5) any person employed by an employer which is a

youth sports league which qualifies for exemption

from federal income taxation pursuant to federal

law,

(6) sole proprietors, members of a partnership,

individuals who are party to a franchise

agreement as set out by the Federal Trade

Commission franchise disclosure rule, 16 CFR

436.1 through 436.11, members of a limited

liability company who own at least ten percent

(10%) of the capital of the limited liability

Oklahoma Statutes - Title 85A. Workers' Compensation Page 21

company or any stockholder-employees of a

corporation who own ten percent (10%) or more

stock in the corporation, unless they elect to be

covered by a policy of insurance covering

benefits under the Administrative Workers’

Compensation Act,

(7) any person providing or performing voluntary

service who receives no wages for the services

other than meals, drug or alcohol rehabilitative

therapy, transportation, lodging or reimbursement

for incidental expenses except for volunteers

specifically provided for in subparagraph a of

this paragraph,

(8) a person, commonly referred to as an owner-

operator, who owns or leases a truck-tractor or

truck for hire, if the owner-operator actually

operates the truck-tractor or truck and if the

person contracting with the owner-operator is not

the lessor of the truck-tractor or truck.

Provided, however, an owner-operator shall not be

precluded from workers’ compensation coverage

under the Administrative Workers’ Compensation

Act if the owner-operator elects to participate

as a sole proprietor,

(9) a person referred to as a drive-away owner-

operator who privately owns and utilizes a tow

vehicle in drive-away operations and operates

independently for hire, if the drive-away owner-

operator actually utilizes the tow vehicle and if

the person contracting with the drive-away owner-

operator is not the lessor of the tow vehicle.

Provided, however, a drive-away owner-operator

shall not be precluded from workers’ compensation

coverage under the Administrative Workers’

Compensation Act if the drive-away owner-operator

elects to participate as a sole proprietor,

(10) any person who is employed as a domestic servant

or as a casual worker in and about a private home

or household, which private home or household had

a gross annual payroll in the preceding calendar

year of less than Fifty Thousand Dollars

($50,000.00) for such workers, and

(11) any person who is a dependent child of an owner

of a farm, ranch, livestock market, or other

agricultural business and the dependent child is

employed by such;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 22

19. “Employer” means a natural person, partnership,

association, limited liability company, corporation, and the legal

representatives of a deceased employer, or the receiver or trustee

of a person, partnership, association, corporation, or limited

liability company, departments, instrumentalities and institutions

of this state and divisions thereof, counties and divisions thereof,

public trusts, boards of education and incorporated cities or towns

and divisions thereof, employing a person included within the term

employee as defined in this section. Employer may also mean the

employer’s workers’ compensation insurance carrier, if applicable.

Except as provided otherwise, the Administrative Workers’

Compensation Act applies to all public and private entities and

institutions;

20. “Employment” includes work or labor in a trade, business,

occupation or activity carried on by an employer or any authorized

voluntary or uncompensated worker rendering services as a

firefighter, peace officer or emergency management worker;

21. “Evidence-based” means expert-based, literature-supported

and outcomes validated by well-designed randomized trials when such

information is available and which uses the best available evidence

to support medical decision making;

22. “Gainful employment” means the capacity to perform

employment for wages for a period of time that is not part-time,

occasional or sporadic;

23. “Impaired self-insurer” means a private self-insurer or

group self-insurance association that fails to pay its workers’

compensation obligations, or is financially unable to do so and is

the subject of any proceeding under the Federal Bankruptcy Reform

Act of 1978, and any subsequent amendments or is the subject of any

proceeding in which a receiver, custodian, liquidator,

rehabilitator, trustee or similar officer has been appointed by a

court of competent jurisdiction to act in lieu of or on behalf of

the self-insurer;

24. “Incapacity” means inadequate strength or ability to

perform a work-related task;

25. “Insurance Commissioner” means the Insurance Commissioner

of this state;

26. “Insurance Department” means the Insurance Department of

this state;

27. “Major cause” means more than fifty percent (50%) of the

resulting injury, disease or illness. A finding of major cause

shall be established by a preponderance of the evidence. A finding

that the workplace was not a major cause of the injury, disease or

illness shall not adversely affect the exclusive remedy provisions

of the Administrative Workers’ Compensation Act and shall not create

a separate cause of action outside the Administrative Workers’

Compensation Act;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 23

28. “Maximum medical improvement” means that no further

material improvement would reasonably be expected from medical

treatment or the passage of time;

29. “Medical services” means those services specified in

Section 50 of this title;

30. “Misconduct” shall include the following:

a. unexplained absenteeism or tardiness,

b. willful or wanton indifference to or neglect of the

duties required,

c. willful or wanton breach of any duty required by the

employer,

d. the mismanagement of a position of employment by

action or inaction,

e. actions or omissions that place in jeopardy the

health, life, or property of self or others,

f. dishonesty,

g. wrongdoing,

h. violation of a law, or

i. violation of a policy or rule adopted to ensure

orderly work or the safety of self or others;

31. a. (1) “Objective findings” are those findings which

cannot come under the voluntary control of the

patient.

(2) (a) When determining permanent disability, a

physician, any other medical provider, an

administrative law judge, the Commission or

the courts shall not consider complaints of

pain.

(b) For the purpose of making permanent

disability ratings to the spine, physicians

shall use criteria established by the Sixth

Edition of the American Medical Association

“Guides to the Evaluation of Permanent

Impairment”.

(3) (a) Objective evidence necessary to prove

permanent disability in occupational hearing

loss cases may be established by medically

recognized and accepted clinical diagnostic

methodologies, including, but not limited

to, audiological tests that measure air and

bone conduction thresholds and speech

discrimination ability.

(b) Any difference in the baseline hearing

levels shall be confirmed by subsequent

testing; provided, however, such test shall

be given within four (4) weeks of the

initial baseline hearing level test but not

Oklahoma Statutes - Title 85A. Workers' Compensation Page 24

before five (5) days after being adjusted

for presbycusis.

b. Medical opinions addressing compensability and

permanent disability shall be stated within a

reasonable degree of medical certainty;

32. “Official Disability Guidelines” or “ODG” means the current

edition of the Official Disability Guidelines and the ODG Treatment

in Workers’ Comp as published by the Work Loss Data Institute;

33. “Permanent disability” means the extent, expressed as a

percentage, of the loss of a portion of the total physiological

capabilities of the human body as established by competent medical

evidence and based on the Sixth Edition of the American Medical

Association “Guides to the Evaluation of Permanent Impairment”, if

the impairment is contained therein;

34. “Permanent partial disability” means a permanent disability

or loss of use after maximum medical improvement has been reached

which prevents the injured employee, who has been released to return

to work by the treating physician, from returning to his or her pre-

injury or equivalent job. All evaluations of permanent partial

disability must be supported by objective findings;

35. “Permanent total disability” means, based on objective

findings, incapacity, based upon accidental injury or occupational

disease, to earn wages in any employment for which the employee may

become physically suited and reasonably fitted by education,

training, experience or vocational rehabilitation provided under the

Administrative Workers’ Compensation Act. Loss of both hands, both

feet, both legs, or both eyes, or any two thereof, shall constitute

permanent total disability;

36. “Preexisting condition” means any illness, injury, disease,

or other physical or mental condition, whether or not work-related,

for which medical advice, diagnosis, care or treatment was

recommended or received preceding the date of injury;

37. “Pre-injury or equivalent job” means the job that the

claimant was working for the employer at the time the injury

occurred or any other employment offered by the claimant’s employer

that pays at least one hundred percent (100%) of the employee’s

average weekly wage;

38. “Private self-insurer” means a private employer that has

been authorized to self-insure its workers’ compensation obligations

pursuant to the Administrative Workers’ Compensation Act, but does

not include group self-insurance associations authorized by the

Administrative Workers’ Compensation Act, or any public employer

that self-insures pursuant to the Administrative Workers’

Compensation Act;

39. “Prosthetic” means an artificial device used to replace a

part or joint of the body that is lost or injured in an accident or

illness covered by the Administrative Workers’ Compensation Act;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 25

40. “Scheduled member” or “member” means hands, fingers, arms,

legs, feet, toes, and eyes. In addition, for purposes of the

Multiple Injury Trust Fund only, scheduled member means hearing

impairment;

41. “Scientifically based” involves the application of

rigorous, systematic, and objective procedures to obtain reliable

and valid knowledge relevant to medical testing, diagnoses and

treatment; is adequate to justify the general conclusions drawn; and

has been accepted by a peer-review journal or approved by a panel of

independent experts through a comparably rigorous, objective, and

scientific review;

42. “State average weekly wage” means the state average weekly

wage determined by the Oklahoma Employment Security Commission in

the preceding calendar year. If such determination is not

available, the Commission shall determine the wage annually after

reasonable investigation;

43. “Subcontractor” means a person, firm, corporation or other

legal entity hired by the general or prime contractor to perform a

specific task for the completion of a work-related activity;

44. “Surgery” does not include an injection, or the forcing of

fluids beneath the skin, for treatment or diagnosis;

45. “Surviving spouse” means the employee’s spouse by reason of

a legal marriage recognized by this state or under the requirements

of a common law marriage in this state, as determined by the

Oklahoma Workers’ Compensation Commission;

46. “Temporary partial disability” means an injured employee

who is temporarily unable to perform his or her job, but may perform

alternative work offered by the employer;

47. “Time of accident” or “date of accident” means the time or

date of the occurrence of the accidental incident from which

compensable injury, disability, or death results; and

48. “Wages” means money compensation received for employment at

the time of the accident, including the reasonable value of board,

rent, housing, lodging, or similar advantage received from the

employer and includes the amount of tips required to be reported by

the employer under Section 6053 of the Internal Revenue Code and the

regulations promulgated pursuant thereto or the amount of actual

tips reported, whichever amount is greater.
Okla. Stat. tit. 85A, § 85A-45 — OK Code / Title 85A / Section 85A-45
Temporary total disability - Temporary partial disability
Status: in_force

Oklahoma Statutes - Title 85A. Workers' Compensation Page 2- Permanent partial disability - Permanent total disability.

A. Temporary Total Disability.

1. If the injured employee is temporarily unable to perform his

or her job or any alternative work offered by the employer, he or

she shall be entitled to receive compensation equal to seventy

percent (70%) of the injured employee’s average weekly wage, but not

to exceed the state average weekly wage, for one hundred fifty-six

(156) weeks. Provided, there shall be no payment for the first

three (3) days of the initial period of temporary total disability.

If an administrative law judge finds that a consequential injury has

occurred and that additional time is needed to reach maximum medical

improvement, temporary total disability may continue for a period

not more than an additional fifty-two (52) weeks. Such finding

shall be based upon a showing of medical necessity by clear and

convincing evidence. An employer shall have the right to recover

any overpayment of temporary total disability payments from a

subsequent permanent partial disability award if the offset is

deemed justified by the Oklahoma Workers’ Compensation Commission.

2. When the injured employee is released from active medical

treatment by the treating physician for all body parts found by the

Commission to be injured, or in the event that the employee, without

a valid excuse, misses three consecutive medical treatment

appointments, fails to comply with medical orders of the treating

physician, or otherwise abandons medical care, the employer shall be

entitled to terminate temporary total disability by notifying the

employee, or if represented, his or her counsel. If, however, an

objection to the termination is filed by the employee within ten

(10) days of termination, the Commission shall set the matter within

twenty (20) days for a determination if temporary total disability

compensation shall be reinstated. The temporary total disability

shall remain terminated until such time as the employee complies

with medical orders of the treating physician. Notwithstanding the

provisions of this paragraph, benefits under this subsection shall

be permanently terminated by order of the Commission if the employee

is noncompliant or abandons treatment for sixty (60) days, or if

benefits under this subsection have been suspended under this

paragraph at least two times. The administrative law judge may

Oklahoma Statutes - Title 85A. Workers' Compensation Page 72

appoint an independent medical examiner to determine if further

medical treatment is reasonable and necessary. The independent

medical examiner shall not provide treatment to the injured worker,

unless agreed upon by the parties.

B. Temporary Partial Disability.

1. If the injured employee is temporarily unable to perform his

or her job, but may perform alternative work offered by the

employer, he or she shall be entitled to receive compensation equal

to seventy percent (70%) of the difference between the injured

employee’s average weekly wage before the injury and his or her

weekly wage for performing alternative work after the injury, but

only if his or her weekly wage for performing the alternative work

is less than the temporary total disability rate. The injured

employee’s actual earnings plus temporary partial disability

compensation shall not exceed the temporary total disability rate.

2. Compensation under this subsection may not exceed fifty-two

(52) weeks.

3. If the employee refuses to perform the alternative work

offered by the employer, he or she shall not be entitled to benefits

under subsection A of this section or under this section.

C. Permanent Partial Disability.

1. A permanent partial disability award or combination of

awards granted to an injured worker may not exceed a permanent

partial disability rating of one hundred percent (100%) to any body

part or to the body as a whole. The determination of permanent

partial disability shall be the responsibility of the Commission

through its administrative law judges. Any claim by an employee for

compensation for permanent partial disability must be supported by

competent medical testimony of a medical doctor, osteopathic

physician, or chiropractor, and shall be supported by objective

medical findings, as defined in the Administrative Workers’

Compensation Act. The opinion of the physician shall include

employee’s percentage of permanent partial disability and whether or

not the disability is job-related and caused by the accidental

injury or occupational disease. A physician’s opinion of the nature

and extent of permanent partial disability to parts of the body

other than scheduled members must be based solely on criteria

established by the Sixth Edition of the American Medical

Association’s “Guides to the Evaluation of Permanent Impairment”. A

copy of any written evaluation shall be sent to both parties within

seven (7) days of issuance. Medical opinions addressing

compensability and permanent disability must be stated within a

reasonable degree of medical certainty. Any party may submit the

report of an evaluating physician.

2. Permanent partial disability shall not be allowed to a part

of the body for which no medical treatment has been received. A

determination of permanent partial disability made by the Commission

Oklahoma Statutes - Title 85A. Workers' Compensation Page 73

or administrative law judge which is not supported by objective

medical findings provided by a treating physician who is a medical

doctor, doctor of osteopathy, chiropractor or a qualified

independent medical examiner shall be considered an abuse of

discretion.

3. The examining physician shall not deviate from the Guides

except as may be specifically provided for in the Guides.

4. In cases of permanent partial disability, the compensation

shall be seventy percent (70%) of the employee’s average weekly

wage, not to exceed Three Hundred Sixty Dollars ($360.00) per week

which shall increase to Three Hundred Seventy-five Dollars ($375.00)

per week on July 1, 2025.

5. Assessments pursuant to Sections 31, 98 and 122 of this

title shall be calculated based upon the amount of the permanent

partial disability award.

6. Previous Disability: The fact that an employee has suffered

previous disability or received compensation therefor shall not

preclude the employee from compensation for a later accidental

personal injury or occupational disease. In the event there exists

a previous permanent partial disability, including a previous non-

work-related injury or condition which produced permanent partial

disability and the same is aggravated or accelerated by an

accidental personal injury or occupational disease, compensation for

permanent partial disability shall be only for such amount as was

caused by such accidental personal injury or occupational disease

and no additional compensation shall be allowed for the preexisting

disability or impairment. Any such reduction shall not apply to

temporary total disability, nor shall it apply to compensation for

medical treatment. If workers’ compensation benefits have

previously been awarded through settlement or judicial or

administrative determination in Oklahoma, the percentage basis of

the prior settlement or award shall conclusively establish the

amount of permanent partial disability determined to be preexisting.

If workers’ compensation benefits have not previously been awarded

through settlement or judicial or administrative determination in

Oklahoma, the amount of preexisting permanent partial disability

shall be established by competent evidence and determined by the

Commission.

7. No payments on any permanent partial disability order shall

begin until payments on any preexisting permanent partial disability

orders have been completed.

8. The whole body shall represent a maximum of three hundred

sixty (360) weeks.

9. The permanent partial disability rate of compensation for

amputation or permanent total loss of use of a scheduled member

specified in Section 46 of this title shall be seventy percent (70%)

of the employee’s average weekly wage, not to exceed Three Hundred

Oklahoma Statutes - Title 85A. Workers' Compensation Page 74

Sixty Dollars ($360.00), with an increase to Three Hundred Seventy-

five Dollars ($375.00) on July 1, 2025, multiplied by the number of

weeks set forth for the member in Section 46 of this title,

regardless of whether the injured employee is able to return to his

or her pre-injury or equivalent job.

10. An injured employee who is eligible for permanent partial

disability under this subsection shall be entitled to receive

vocational rehabilitation services provided by a technology center

or public secondary school offering vocational-technical education

courses, or a member institution of The Oklahoma State System of

Higher Education, which shall include retraining and job placement

to restore the employee to gainful employment. Vocational

rehabilitation services or training shall not extend for a period of

more than fifty-two (52) weeks.

D. Permanent Total Disability.

1. In case of total disability adjudged to be permanent,

seventy percent (70%) of the employee’s average weekly wages, but

not in excess of the state’s average weekly wage, shall be paid to

the employee during the continuance of the disability until such

time as the employee reaches the age of maximum Social Security

retirement benefits or for a period of fifteen (15) years, whichever

is longer. In the event the claimant dies of causes unrelated to

the injury or illness, benefits shall cease on the date of death.

Provided, however, any person entitled to revive the action shall

receive a one-time, lump-sum payment equal to twenty-six (26) weeks

of weekly benefits for permanent total disability awarded to the

claimant. If more than one person is entitled to revive the claim,

the lump-sum payment shall be evenly divided between or among such

persons. In the event the Commission awards both permanent partial

disability and permanent total disability benefits, the permanent

total disability award shall not be due until the permanent partial

disability award is paid in full. If otherwise qualified according

to the provisions of the Administrative Workers’ Compensation Act,

permanent total disability benefits may be awarded to an employee

who has exhausted the maximum period of temporary total disability

even though the employee has not reached maximum medical

improvement.

2. The Oklahoma Workers’ Compensation Commission shall annually

review the status of any employee receiving benefits for permanent

total disability against the last employer. The Commission shall

require the employee to annually file an affidavit under penalty of

perjury stating that he or she is not and has not been gainfully

employed and is not capable of gainful employment. Failure to file

such affidavit shall result in suspension of benefits; provided,

however, reinstatement of benefits may occur after proper hearing

before the Commission.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 75

E. 1. The Oklahoma Workers’ Compensation Commission may hire

or contract for a Vocational Rehabilitation Director to oversee the

vocational rehabilitation program of the Commission.

2. Upon the request of either party, an administrative law

judge shall determine if it is appropriate for a claimant to receive

vocational rehabilitation training or services. If appropriate, the

administrative law judge shall refer the employee to a qualified

expert for evaluation of the practicability of, need for and kind of

rehabilitation services or training necessary and appropriate in

order to restore the employee to gainful employment. The cost of

the evaluation shall be paid by the employer.

3. Upon receipt of such report, and after affording all parties

an opportunity to be heard, the administrative law judge shall order

that any rehabilitation services or training, recommended in the

report, or such other rehabilitation services or training as the

administrative law judge may deem necessary, provided the employee

elects to receive such services, shall be provided at the expense of

the employer. Except as otherwise provided in this subsection,

refusal to accept rehabilitation services by the employee shall in

no way diminish any benefits allowable to an employee.

4. The administrative law judge may order vocational

rehabilitation before the injured employee reaches maximum medical

improvement, if the treating physician believes that it is likely

that the employee’s injury will prevent the employee from returning

to his or her former employment. In granting early benefits for

vocational rehabilitation, the Commission shall consider temporary

restrictions and the likelihood that such rehabilitation will return

the employee to gainful employment earlier than if such benefits are

granted after the permanent partial disability hearing in the claim.

5. Vocational rehabilitation services or training shall not

extend for a period more than fifty-two (52) weeks. A request for

vocational rehabilitation services or training shall be filed with

the Commission by an interested party not later than sixty (60) days

from the date of receiving permanent disability that prevents the

injured employee from returning to his or her pre-injury or

equivalent position.

6. If rehabilitation requires residence at or near the facility

or institution which is away from the employee’s customary

residence, reasonable cost of the employee’s board, lodging, travel,

tuition, books and necessary equipment in training shall be paid for

by the insurer in addition to weekly compensation benefits to which

the employee is otherwise entitled under the Administrative Workers’

Compensation Act.

7. During the period when an employee is actively and in good

faith being evaluated or participating in a retraining or job

placement program for purposes of evaluating permanent total

disability status, the employee shall be entitled to receive

Oklahoma Statutes - Title 85A. Workers' Compensation Page 76

benefits at the same rate as the employee’s temporary total

disability benefits for an additional fifty-two (52) weeks. All

tuition related to vocational rehabilitation services shall be paid

by the employer or the employer’s insurer on a periodic basis

directly to the facility providing the vocational rehabilitation

services or training to the employee.

F. Disfigurement.

1. If an injured employee incurs serious and permanent

disfigurement to any part of the body, the Commission may award

compensation to the injured employee in an amount not to exceed

Fifty Thousand Dollars ($50,000.00).

2. No award for disfigurement shall be entered until twelve

(12) months after the injury unless the treating physician deems the

wound or incision to be fully healed.

3. An injured employee shall not be entitled to compensation

under this subsection if he or she receives an award for permanent

partial disability to the same part of the body.

G. Benefits for a single-event injury shall be determined by

the law in effect at the time of injury. Benefits for a cumulative

trauma injury or occupational disease or illness shall be determined

by the law in effect at the time the employee knew or reasonably

should have known that the injury, occupational disease or illness

was related to work activity. Benefits for death shall be

determined by the law in effect at the time of death.
Okla. Stat. tit. 85A, § 85A-23 — OK Code / Title 85A / Section 85A-23
Necessary traveling expenses
Status: in_force

Any commissioner or employee of the Commission shall be entitled

to receive his or her necessary traveling expenses as provided in

the State Travel Reimbursement Act. The expenses shall be certified

by the person who incurred them and shall be allowed and paid on

presentation of vouchers approved by the Commission.
Okla. Stat. tit. 85A, § 85A-28 — OK Code / Title 85A / Section 85A-28
Multiple Injury Trust Fund - Self-insurance Guaranty Fund
Status: in_force

A. There are established within the Office of the State

Treasurer two separate funds:

1. The "Multiple Injury Trust Fund"; and

2. The "Self-insurance Guaranty Fund".

B. Except as provided in Section 97 of this title, no money

shall be appropriated from these funds for any purpose except for

the use and benefit, or at the direction, of the Oklahoma Workers'

Compensation Commission.

C. Except as provided in Section 96 of this title, all funds

established under this section shall be administered, disbursed, and

invested under the direction of the Commission and the State

Treasurer.

D. All incomes derived through investment of the Multiple

Injury Trust Fund shall be credited as investment income to the fund

that participated in the investment.

E. No monies deposited to these funds shall be subject to any

deduction, tax, levy, or any other type of assessment.

F. If the balance in the Multiple Injury Trust Fund becomes

insufficient to fully compensate those employees to whom it is

obligated, payment shall be suspended until such time as the

Multiple Injury Trust Fund is capable of meeting its obligations,

paying all arrearages, and restoring normal benefit payments.

G. On the effective maturity dates of each investment, the

investment shall be transferred to the State Treasurer for deposit

into the Multiple Injury Trust Fund created in this section.

H. Unless provided otherwise in the Administrative Workers'

Compensation Act, all fines and penalties assessed under the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 50

Administrative Workers' Compensation Act shall be deposited into the

Workers' Compensation Commission Revolving Fund. Any monies

remaining in the Workers' Compensation Fund on June 30, 2015, shall

be transferred to the Workers' Compensation Commission Revolving

Fund.
Okla. Stat. tit. 85A, § 85A-84 — OK Code / Title 85A / Section 85A-84
Payment of compensation
Status: in_force

A. Compensation shall be paid by check, by electronic funds

transfer, issuance of debit cards, or by state warrant. Payment

shall be made payable to the order of the person entitled to the

compensation and paid directly to the person entitled to the

compensation.

B. If the compensation beneficiary is a mental incompetent or a

minor of tender years or immature judgment, the Commission, in the

exercise of its discretion, may direct that payment shall be made to

a legally appointed guardian of the estate of the incompetent or

minor.
Okla. Stat. tit. 85A, § 85A-322 — OK Code / Title 85A / Section 85A-322
Judgments confirming the award
Status: in_force

After a party to an arbitration proceeding receives notice of an

award, the party may make an application and motion to the Workers'

Compensation Commission for a judgment confirming the award at which

time the Commission shall issue a confirming judgment unless the

award is modified or corrected under Section 320 or 324 of this

title or is vacated under Section 323 of this title.
Okla. Stat. tit. 85A, § 85A-327 — OK Code / Title 85A / Section 85A-327
Appeals
Status: in_force

A party may appeal the following actions to the district court

as provided in Section 328 of this title:

1. An order denying a motion to compel arbitration;

2. An order granting a motion to stay arbitration;

3. An order confirming or denying confirmation of an award;

4. An order modifying or correcting an award;

5. An order vacating an award without directing a rehearing; or

6. A final judgment entered under the Workers' Compensation

Arbitration Act.
Okla. Stat. tit. 85A, § 85A-107 — OK Code / Title 85A / Section 85A-107
Workers' compensation provided by public entities
Status: in_force

A. 1. All public entities of this state, their agencies and

instrumentalities, authorities, and public trusts of which they are

beneficiaries shall provide workers' compensation to their employees

and elected officials engaged in either governmental or proprietary

functions in accordance with this section. Compensation or

indemnification for compensation shall be paid out of the funds of

the public entities.

2. Except as otherwise provided, the state and all its

institutions of higher education, departments, instrumentalities,

institutions, and public trusts of which it or they are

beneficiaries shall insure against liability for workers'

compensation with CompSource Oklahoma and shall not be permitted to

insure with any other insurance carrier unless:

a. CompSource Oklahoma refuses to accept the risk when

the application for insurance is made,

b. specifically authorized by law,

c. the state entity can obtain workers' compensation

insurance coverage at the same cost or at a lower cost

from another insurance carrier licensed in this state,

or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 121

d. CompSource Oklahoma begins operating as a mutual

insurance company.

3. a. The state, all state institutions of higher education

except comprehensive universities, and all state

departments, instrumentalities, institutions, and

public trusts of which the state is a beneficiary, may

self-insure. Self-insurance administration may only

be obtained through CompSource Oklahoma, unless

CompSource Oklahoma begins operating as a mutual

insurance company.

b. If CompSource Oklahoma begins operating as a mutual

insurance company:

(1) the state, all state institutions of higher

education except comprehensive universities, and

all state departments, instrumentalities,

institutions, and public trusts so electing to

self-insure shall pay premiums set by CompSource

Oklahoma which shall collect premiums, pay claims

and provide for excess insurance, and

(2) all dividends or profits accumulating from a

self-insurance program shall be refunded to the

participants on a formula devised by CompSource

Oklahoma.

B. All counties, cities and towns, their instrumentalities and

public trusts of which they are beneficiaries shall insure against

their liability for workers' compensation with CompSource Oklahoma

or, through any combination of the following, may:

1. Insure with an insurance carrier licensed in this state;

2. Self-insure and make any appropriation of funds to cover

their risk;

3. Secure reinsurance or excess insurance over and above a

self-insurance retention in any manner authorized by subsections B

and C of Section 167 of Title 51 of the Oklahoma Statutes; or

4. Secure compensation for their employees in the manner

provided in The Governmental Tort Claims Act, subsection C of

Section 167 of Title 51 of the Oklahoma Statutes.

C. Boards of education, their instrumentalities and public

trusts of which they are beneficiaries shall insure against their

liability for workers' compensation through any combination of the

following:

1. Insure with an insurance carrier licensed in Oklahoma;

2. Self-insure and make any appropriation of funds to cover

their risk; or

3. Secure reinsurance or excess insurance over and above a

self-insurance retention in any manner authorized by subsection B of

Section 168 of Title 51 of the Oklahoma Statutes.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 122

D. Comprehensive universities shall insure against their

liability for workers' compensation with CompSource Oklahoma or, if

it can be demonstrated to the Board of Regents of the comprehensive

university prior to the inception date of a workers' compensation

policy that the policy will result in a lower cost than one with

CompSource Oklahoma or if CompSource Oklahoma begins operating as a

mutual insurance company, through any combination of the following:

1. Insure with an insurance carrier licensed in Oklahoma; or

2. Self-insurance, making any appropriation of funds to cover

their risk.

E. In addition to any other provision of this section, city,

county, city-county, and public trust hospitals may insure with

other insurance carriers licensed in this state if it can be

demonstrated to the governing body of the hospital prior to the

inception date of a workers' compensation policy each year that the

policy will result in a lower cost than one with CompSource Oklahoma

or if CompSource Oklahoma begins operating as a mutual insurance

company.

F. For purposes of this act, all contracts of employment for

state, county, municipal, and state-funded educational entities and

public trusts will be considered to have been entered into in this

state regardless of where the work is performed.

G. When a person is employed by the state, a municipality, a

county, or by any political subdivision thereof, and, while off-duty

from the employment, is employed by a private employer, the private

employer alone shall be liable for compensation under this act for

any injury or death of the person arising out of and in the course

of employment which occurs during the hours of actual employment by

the private employer. The provisions of this subsection shall not

relieve the state, a municipality or a county, or any political

subdivision thereof, from providing disability benefits to which a

person may be entitled pursuant to a pension or retirement plan.

The provisions of this subsection shall not preclude an employee or

group of employees so employed from providing separate compensation

coverage for off-duty employment by a private employer.
Okla. Stat. tit. 85A, § 85A-8 — OK Code / Title 85A / Section 85A-8
Agreement to waive compensation
Status: in_force

A. No agreement by an employee to waive his or her right to

compensation shall be valid. No contract, regulation, or device

shall operate to relieve the employer or carrier, in whole or in

part, from any liability created by this act, except as specifically

provided in this act.

B. Any officer of a corporation, sole proprietor, partner of a

partnership, member of a limited liability company, member of a

professional association, or self-employed employer who is not a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 35

subcontractor and who owns and operates his or her own business may,

by agreement or contract, exclude himself or herself from coverage

or waive his or her right to coverage or compensation under this

act.
Okla. Stat. tit. 85A, § 85A-13 — OK Code / Title 85A / Section 85A-13
Mental injury or illness
Status: in_force

A. 1. A mental injury or illness is not a compensable injury

unless caused by a physical injury to the employee, and shall not be

considered an injury arising out of and in the course and scope of

employment or compensable unless demonstrated by a preponderance of

the evidence; provided, however, that this physical injury

limitation shall not apply to any victim of a crime of violence, a

law enforcement officer, paid or volunteer firefighter, or emergency

medical technician employed on a full-time basis by a municipality,

county, or this state, or a volunteer firefighter, who suffers post-

traumatic stress disorder, as defined in subsection E of this

section, while responding to an emergency. For the purposes of this

section, such employee shall be referred to as a first responder.

2. No mental injury or illness under this section shall be

compensable unless it is also diagnosed by a licensed psychiatrist

or psychologist and unless the diagnosis of the condition meets the

criteria established in the most current issue of the Diagnostic and

Statistical Manual of Mental Disorders.

B. 1. Notwithstanding any other provision of the

Administrative Workers’ Compensation Act, where a claim is for

mental injury or illness, the employee shall be limited to twenty-

six (26) weeks of disability benefits unless it is shown by clear

and convincing evidence that benefits should continue for a set

period of time, not to exceed a total of fifty-two (52) weeks. If

the treating physician is of the opinion that the first responder is

temporarily unable to perform his or her job or any alternative work

offered by the employer, he or she shall be entitled to receive

compensation which is the greater of the weekly benefit provided for

in a collective bargaining agreement or according to the policy of

the employer, or seventy percent (70%) of the injured employee’s

Oklahoma Statutes - Title 85A. Workers' Compensation Page 37

average weekly wage, not to exceed the state average weekly wage.

If the employee has a temporary pension benefit available at no

additional cost to the employee and the benefit is equal to or

greater than the temporary award in this system, the employer may

elect to exercise the temporary pension benefit. In no event shall

disability benefits extend beyond fifty-two (52) weeks.

2. Notwithstanding any other provision of this section, a first

responder who receives benefits provided herein for a mental injury

or illness not accompanied by a physical injury who, after reaching

maximum medical improvement, is unable to perform the essential

functions of his or her employment position and who is not eligible

to receive a disability retirement through his or her pension or

retirement system shall be eligible to be awarded permanent

disability benefits not to exceed Fifty Thousand Dollars

($50,000.00) as provided for in this act.

3. a. In cases where death results directly from the mental

injury or illness within a period of one (1) year,

compensation shall be paid to the dependents as

provided in other death cases under the Administrative

Workers’ Compensation Act.

b. Death directly or indirectly related to the mental

injury or illness occurring one (1) year or more from

the incident resulting in the mental injury or illness

shall not be a compensable injury.

C. 1. In the event that the Oklahoma Workers’ Compensation

Commission finds that a first responder has suffered post-traumatic

stress disorder not accompanied by a physical injury, the employer

shall provide reasonable and necessary medical treatment for such

injury, subject to the Oklahoma Workers’ Compensation Commission’s

Fee Schedule, for a period not longer than one (1) year. The

employer shall not be responsible for medical treatment in the form

of prescription medicine in excess of Ten Thousand Dollars

($10,000.00).

2. During any period in which a first responder is temporarily

unable to perform his or her job, the employer shall pay to maintain

health insurance coverage for the first responder, if such health

insurance was in effect on the date of the injury.

D. For the purposes of this section, claim payments for

volunteer firefighters shall be paid pursuant to the Volunteer

Firefighter Group Insurance Pool.

E. For the purposes of this section:

1. “Post-traumatic stress disorder” means an injury or

condition in which a first responder has been exposed to a traumatic

event and:

a. has experienced, witnessed, or was confronted with an

event that involved actual or threatened death or

serious injury, or a threat to the physical integrity

Oklahoma Statutes - Title 85A. Workers' Compensation Page 38

of others, and the response involved fear,

helplessness, or horror,

b. the traumatic event is persistently re-experienced in

one or more of the following ways:

(1) recurrent and intrusive distressing recollections

of the event,

(2) recurrent distressing dreams,

(3) acting or feeling as if the traumatic event was

recurring,

(4) intense psychological distress at exposure to

cues that symbolize an aspect of the traumatic

event, or

(5) physiological reactivity on exposure to cues that

symbolize an aspect of the traumatic event,

c. persistent avoidance of stimuli associated with the

trauma and numbing of general responsiveness such as

efforts to avoid thoughts, feelings, or conversations

associated with the trauma, markedly diminished

interest or participation in significant activities,

or a feeling of detachment or estrangement from

others,

d. persistent symptoms of increased arousal such as

difficulty falling or staying asleep, irritability or

outbursts of anger, difficulty concentrating, or

hypervigilance,

e. the duration of the disturbance is more than one (1)

month, and

f. the disturbance causes clinically significant distress

or impairment in social, occupational, or other

important areas of functioning;

2. “Volunteer firefighter” means a person who is enrolled as a

member of a volunteer fire department with two or less salaried

firefighters and who serves in such capacity without receiving a

regular salary; and

3. “Emergency medical technician” means a person who holds a

license as an emergency medical technician, an intermediate or

advanced emergency medical technician, or a paramedic, issued by the

State Department of Health to perform emergency medical services in

accordance with the Oklahoma Emergency Response Systems Development

Act and the rules and standards promulgated by the State

Commissioner of Health.
Okla. Stat. tit. 85A, § 85A-47 — OK Code / Title 85A / Section 85A-47
Beneficiaries in case of death
Status: in_force

A. Time of death. If death does not result within one (1) year

from the date of the accident or within the first three (3) years of

the period for compensation payments fixed by the compensation

judgment, a rebuttable presumption shall arise that the death did

not result from the injury.

B. Common law spouse. A common law spouse shall not be

entitled to benefits under this section unless he or she obtains an

order from the Workers' Compensation Commission ruling that a common

law marriage existed between the decedent and the surviving spouse.

The ruling by the Commission shall be exclusive in regard to

benefits under this section regardless of any district court

decision regarding the probate of the decedent's estate.

C. Beneficiaries - Amounts. If an injury or occupational

illness causes death, weekly income benefits shall be payable as

follows:

1. If there is a surviving spouse, a lump-sum payment of One

Hundred Thousand Dollars ($100,000.00) and seventy percent (70%) of

the lesser of the deceased employee's average weekly wage and the

state average weekly wage. In addition to the benefits theretofore

paid or due, two (2) years' indemnity benefit in one lump sum shall

be payable to a surviving spouse upon remarriage;

2. If there is a surviving spouse and one (1) child, the child

shall receive a lump-sum payment of Twenty-five Thousand Dollars

($25,000.00) and fifteen percent (15%) of the lesser of the deceased

employee's average weekly wage and the state average weekly wage.

If there is more than one (1) child but less than five (5) children,

each child shall receive a lump-sum payment of Twenty-five Thousand

Dollars ($25,000.00) and a pro rata share of thirty percent (30%) of

the deceased employee's average weekly wage for claims with a date

of accident occurring on or after the effective date of this act.

If there are five (5) or more children, each child shall receive a

pro rata share of One Hundred Thousand Dollars ($100,000.00) and a

pro rata share of thirty percent (30%) of the deceased employee's

average weekly wage for claims with a date of accident occurring on

or after the effective date of this act;

3. If there is a child or children and no surviving spouse, a

lump-sum payment of Twenty-five Thousand Dollars ($25,000.00) and

fifty percent (50%) of the lesser of the deceased employee's average

weekly wage and the state average weekly wage to each child. If

there are more than two children, each child shall receive a pro

Oklahoma Statutes - Title 85A. Workers' Compensation Page 79

rata share of one hundred percent (100%) of the lesser of the

deceased employee's average weekly wage and the state average weekly

wage. With respect to the lump-sum payment, if there are more than

six children, each child shall receive a pro rata share of One

Hundred Fifty Thousand Dollars ($150,000.00);

4. If there is no surviving spouse or children, each legal

guardian, if financially dependent on the employee at the time of

death, shall receive twenty-five percent (25%) of the lesser of the

deceased employee's average weekly wage and the state average weekly

wage until the earlier of death, becoming eligible for Social

Security, obtaining full-time employment, or five (5) years from the

date benefits under this section begin; and

5. The employer shall pay the actual funeral expenses, not

exceeding the sum of Ten Thousand Dollars ($10,000.00).

D. The weekly income benefits payable to the surviving spouse

under this section shall continue while the surviving spouse remains

unmarried. In no event shall this spousal weekly income benefit be

diminished by the award to other beneficiaries. The weekly income

benefits payable to any child under this section shall terminate on

the earlier of death, marriage, or reaching the age of eighteen

(18). However, if the child turns eighteen (18) and is:

1. Enrolled as a full-time student in high school or is being

schooled by other means pursuant to the Oklahoma Constitution;

2. Enrolled as a full-time student in any accredited

institution of higher education or vocational or technology

education; or

3. Physically or mentally incapable of self-support,

then he or she may continue to receive weekly income benefits under

this section until the earlier of reaching the age of twenty-three

(23) or, with respect to paragraphs 1 and 2 of this subsection, no

longer being enrolled as a student, and with respect to paragraph 3

of this subsection, becoming capable of self-support.

E. If any member of the class of beneficiaries who receive a

pro rata share of weekly income benefits becomes ineligible to

continue to receive benefits, the remaining members of the class

shall receive adjusted weekly income benefits equal to the new class

size.

F. To receive benefits under this section, a beneficiary or his

or her guardian, if applicable, shall file a proof of loss form with

the Commission. All questions of dependency shall be determined as

of the time of the injury. The employer shall initiate payment of

benefits within fifteen (15) days of the Commission's determination

of the proper beneficiaries. The Commission shall appoint a

guardian ad litem to represent known and unknown minor children and

the guardian ad litem shall be paid a reasonable fee for his or her

services.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 80
Okla. Stat. tit. 85A, § 85A-124 — OK Code / Title 85A / Section 85A-124
Transfers from Workers' Compensation Court
Status: in_force

A. 1. All unexpended funds, assets, property, records,

personnel and any outstanding financial obligations and encumbrances

of the Workers' Compensation Court before February 1, 2014, are

hereby transferred to the Workers' Compensation Commission. The

personnel transferred shall retain leave, sick and annual time

earned and any retirement and longevity benefits which have accrued

during their employment with the state. The salaries of employees

who are transferred shall not be reduced as a direct and immediate

result of the transfer. There shall be no reduction-in-force as a

result of the transfer.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 136

2. Any unexpended funds, including interest thereon, held by

the State Treasurer in an interest-bearing division special account

maintained by the Workers' Compensation Court before February 1,

2014, from which a self-insured employer's workers' compensation

obligations are paid following nonpayment by the self-insured

employer for any reason, including insolvency, shall be transferred

to the Workers' Compensation Commission. Such funds shall be

expended by the Commission only for the purpose of paying workers'

compensation obligations of the self-insured employer, and costs

related to the administration of such obligations, to the extent of

the availability of such funds.

B. 1. All unexpended funds, assets, property, and records and

any outstanding financial obligations and encumbrances of the

Workers' Compensation Self-insurance Guaranty Fund Board before

February 1, 2014, are hereby transferred to the Self-insurance

Guaranty Fund Board created in the Administrative Workers'

Compensation Act.

2. Any unexpended funds, including interest thereon, held by

the State Treasurer in the Workers' Compensation Self-insurance

Guaranty Fund before February 1, 2014, shall be transferred to the

Self-insurance Guaranty Fund Board created by the Administrative

Workers' Compensation Act. Such funds shall be expended by the

Board only as authorized in the Administrative Workers' Compensation

Act.

3. Any claim existing or action or proceeding pending by,

against or before the Workers' Compensation Self-insurance Guaranty

Fund Board when the Board ceased existence may be continued as if

the Self-insurance Guaranty Fund Board was not created, or the Self-

insurance Guaranty Fund Board may be substituted in the matter. The

Self-insurance Guaranty Fund Board shall be responsible and liable

for all liabilities and obligations of the Workers' Compensation

Self-insurance Guaranty Fund Board.

C. All property and records of the Physician Advisory Committee

before February 1, 2014, are hereby transferred to the Physician

Advisory Committee created in the Administrative Workers'

Compensation Act.

D. All property and records of the Advisory Council on Workers'

Compensation before February 1, 2014, are hereby transferred to the

Advisory Council on Workers' Compensation created in the

Administrative Workers' Compensation Act.

E. All unexpended funds, assets, property, records, personnel

and any outstanding financial obligations and encumbrances of the

Multiple Injury Trust Fund before February 1, 2014, are hereby

transferred to the Multiple Injury Trust Fund created in the

Administrative Workers' Compensation Act. The personnel transferred

shall retain leave, sick and annual time earned and any retirement

and longevity benefits which have accrued during their employment

Oklahoma Statutes - Title 85A. Workers' Compensation Page 137

with the state. The salaries of employees who are transferred shall

not be reduced as a direct and immediate result of the transfer.

There shall be no reduction-in-force as a result of the transfer.

F. The Director of the Office of Management and Enterprise

Services is hereby directed to coordinate the transfer of funds,

allotments, purchase orders, outstanding financial obligations or

encumbrances provided for in subsections A and E of this section,

and the transfer of funds, outstanding financial obligations or

encumbrances provided for in subsection B of this section.
Okla. Stat. tit. 85A, § 85A-81 — OK Code / Title 85A / Section 85A-81
Commencing proceedings on unreasonable grounds
Status: in_force

If the court having jurisdiction over the claim or compensation

judgment proceedings determines that the proceedings have been

commenced or continued without reasonable grounds, the cost of the

proceedings shall be assessed against the party who has commenced or

continued the proceedings.
Okla. Stat. tit. 85, § 85-134 — OK Code / Title 85 / Section 85-134
Renumbered as Title 85, § 382 by Laws 2011, c. 318, § 88
Status: in_force

Oklahoma Statutes - Title 85. Workers' Compensation Page 13
Okla. Stat. tit. 85A, § 85A-19 — OK Code / Title 85A / Section 85A-19
Oklahoma Workers' Compensation Commission
Status: in_force

A. There is hereby created the Oklahoma Workers' Compensation

Commission, an executive agency of the State of Oklahoma, which

Oklahoma Statutes - Title 85A. Workers' Compensation Page 43

shall have the exclusive responsibility and duty to carry out the

provisions of the Administrative Workers' Compensation Act, except

as otherwise provided.

B. The Commission shall consist of three (3) full-time

commissioners, each of whom must have been involved in the workers'

compensation field for at least three (3) years, appointed by the

Governor: one of whom is chosen from a slate of three selected by

the Speaker of the House of Representatives, with all three

confirmed by the Senate. The term of each appointee shall be six

(6) years to administer the provisions of this act. The Governor

may request a subsequent slate of nominees from the Speaker of the

House of Representatives if a suitable nominee is not found. Any or

all of the commissioners may be reappointed for additional six-year

terms upon reconfirmation by the Senate. However, the initial

commissioners shall serve staggered terms of two (2), four (4), and

six (6) years, respectively, as determined by the Governor. If the

Legislature is not in session at the time of appointment, the

appointment shall be subject to confirmation by the Senate upon

convening of the next regular session of the Legislature.

Membership on the Commission shall be a full-time position and no

commissioner shall have any other employment, unless authorized or

excused by law. Each commissioner shall receive a salary equal to

that paid to a district judge of this state.

C. The Commission shall have the authority to adopt reasonable

rules within its respective areas of responsibility including the

rules of procedure for administrative hearings, after notice and

public hearing, for effecting the purposes of the Administrative

Workers' Compensation Act, in accordance with the Oklahoma

Administrative Procedures Act. All rules, upon adoption, shall be

published and be made available to the public and, if not

inconsistent with the law, shall be binding in the administration of

the Administrative Workers' Compensation Act.

D. The principal office of the Commission shall be situated in

the City of Oklahoma City in quarters assigned by the Office of

Management and Enterprise Services. The Commission shall maintain

and keep open, during reasonable business hours, the office in

Oklahoma City, for the transaction of business, at which office its

official records and papers shall be kept. The Commission or any

commissioner may hold hearings in any city of this state.

E. The Governor shall appoint one of the commissioners to be

chair of the Commission. In addition to other duties, the chair of

the Commission shall have the following powers and duties:

1. To organize, direct and develop the administrative work of

the administrative law judges, including but not limited to

docketing, clerical, technical and financial work and establishment

of hours of operation;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 44

2. To employ administrative staff for the Commission, within

budgetary limitation; and

3. Such other duties and responsibilities authorized by law or

as the Commission may prescribe.

F. All appeals or disputes arising from actions of the

Commission shall be governed by provisions of the Administrative

Workers' Compensation Act and the Commission shall not be subject to

the provisions of the Oklahoma Administrative Procedures Act, except

as provided in the Administrative Workers' Compensation Act.

G. When any commissioner of the Commission is disqualified for

any reason to hear and participate in the determination of any

matter pending before the Commission, the Governor shall appoint a

qualified person to hear and participate in the decision on the

particular matter. The special commissioner so appointed shall have

all authority and responsibility with respect to the particular

matter before the Commission as if the person were a regular

commissioner of the Commission but shall have no authority or

responsibility with respect to any other matter before the

Commission. A person appointed as a special commissioner of the

Commission under the provisions of this subsection shall be entitled

to receive a per diem equal to the annual salary of the

commissioners prorated for the number of days he or she serves in

the capacity of a special commissioner of the Commission.

Furthermore, when a vacancy on the Commission occurs or is certain

to occur, the position shall be filled pursuant to the provisions of

this section.
Okla. Stat. tit. 85A, § 85A-323 — OK Code / Title 85A / Section 85A-323
Vacation of awards
Status: in_force

A. On an application and motion to the court by a party to an

arbitration proceeding, the Workers' Compensation Commission shall

vacate an award made in the arbitration proceeding if:

1. The award was procured by corruption, fraud, or other undue

means;

2. There was:

a. evident partiality by an arbitrator appointed as a

neutral arbitrator,

b. corruption by an arbitrator, or

c. misconduct by an arbitrator prejudicing the rights of

a party to the arbitration proceeding;

3. An arbitrator refused to postpone the hearing upon showing

of sufficient cause for postponement, refused to consider evidence

Oklahoma Statutes - Title 85A. Workers' Compensation Page 151

material to the controversy, or otherwise conducted the hearing

contrary to Section 315 of this title, so as to prejudice

substantially the rights of a party to the arbitration proceeding;

4. An arbitrator exceeded his or her powers under this act;

5. The arbitration was conducted without proper notice of the

initiation of an arbitration as required in Section 309 of this

title so as to prejudice substantially the rights of a party to the

arbitration proceeding; or

6. It is determined that an arbitrator did not disclose a

conflict under Section 312 of this title.

B. An application and motion under this section shall be filed

within thirty (30) days after the movant receives notice of the

award or within thirty (30) days after the movant receives notice of

a modified or corrected award, unless the movant alleges that the

award was procured by corruption, fraud, or other undue means, in

which case the motion shall be made within ninety (90) days after

the ground is known or by the exercise of reasonable care would have

been known by the movant.

C. If the Commission vacates an award it may order a rehearing.

If the award is vacated on a ground stated in paragraph 1, 2 or 6 of

subsection A of this section, the rehearing shall be before a new

arbitrator. If the award is vacated on a ground stated in paragraph

3, 4 or 5 of subsection A of this section, the rehearing may be

before the arbitrator who made the award or the arbitrator's

successor. The arbitrator shall render the decision in the

rehearing within the same time as that provided in subsection B of

Section 319 of this title for an award.

D. If the Commission denies a motion to vacate an award, it

shall confirm the award unless a motion to modify or correct the

award is pending.
Okla. Stat. tit. 85A, § 85A-30 — OK Code / Title 85A / Section 85A-30
Physically impaired persons - Adjudications of Multiple
Status: in_force

Injury Trust Fund claims.

A. For the purposes of Sections 31 through 35 of this title,

the term "physically impaired person" means a person who, as a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 51

result of accident, disease, birth, military action, or any other

cause, has suffered:

1. The loss of the sight of one eye;

2. The loss by amputation of the whole or a part of a member of

the body; or

3. Any previous adjudications of compensable permanent partial

disability adjudged and determined by the Workers' Compensation

Court, the Workers' Compensation Court of Existing Claims or the

Workers' Compensation Commission.

B. This section shall apply to all adjudications of Multiple

Injury Trust Fund claims in which the last injury occurred on or

after July 1, 2019.
Okla. Stat. tit. 85A, § 85A-35 — OK Code / Title 85A / Section 85A-35
Obligation to pay
Status: in_force

A. 1. Every employer shall secure compensation as provided

under this act to its employees for compensable injuries without

regard to fault.

2. There shall be no liability for compensation under this act

where the injury or death was substantially occasioned by the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 60

willful intention of the injured employee to bring about such

compensable injury or death.

B. The primary obligation to pay compensation is on the

employer, and the procurement of a policy of insurance by an

employer to cover the obligation in respect to this act shall not

relieve the employer of the obligation.
Okla. Stat. tit. 85A, § 85A-313 — OK Code / Title 85A / Section 85A-313
Multiple arbitrators
Status: in_force

If there is more than one arbitrator, the powers of an

arbitrator shall be exercised by a majority of the arbitrators, but

all of them shall conduct the hearing under Section 315 of this

title.
Okla. Stat. tit. 85A, § 85A-69 — OK Code / Title 85A / Section 85A-69
Statute of limitations
Status: in_force

A. Time for Filing.

1. A claim for benefits under this act, other than an

occupational disease, shall be barred unless it is filed with the

Workers' Compensation Commission within one (1) year from the date

of the injury or, if the employee has received benefits under this

title for the injury, six (6) months from the date of the last

issuance of such benefits. For purposes of this section, the date

of the injury shall be defined as the date an injury is caused by an

accident as set forth in paragraph 9 of Section 2 of this title.

2. a. A claim for compensation for disability on account of

injury which is either an occupational disease or

occupational infection shall be barred unless filed

with the Commission within two (2) years from the date

of the last injurious exposure to the hazards of the

disease or infection.

b. A claim for compensation for disability on account of

silicosis or asbestosis shall be filed with the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 99

Commission within one (1) year after the time of

disablement, and the disablement shall occur within

three (3) years from the date of the last injurious

exposure to the hazard of silicosis or asbestosis.

c. A claim for compensation for disability on account of

a disease condition caused by exposure to X-rays,

radioactive substances, or ionizing radiation only

shall be filed with the Commission within two (2)

years from the date the condition is made known to an

employee following examination and diagnosis by a

medical doctor.

3. A claim for compensation on account of death shall be barred

unless filed with the Commission within two (2) years of the date of

such a death.

4. If a claim for benefits has been timely filed under

paragraph 1 of this subsection and the employee does not:

a. make a good-faith request for a hearing to resolve a

dispute regarding the right to receive benefits,

including medical treatment, under this title within

six (6) months of the date the claim is filed, or

b. receive or seek benefits, including medical treatment,

under this title for a period of six (6) months,

then on motion by the employer, the claim shall be dismissed with

prejudice.

B. Failure to File. Failure to file a claim within the period

prescribed in subsection A of this section shall not be a bar to the

right to benefits hereunder unless objection to the failure is made

at the first hearing on the claim in which all parties in interest

have been given a reasonable notice and opportunity to be heard by

the Commission.

C. Persons under Disability.

1. Notwithstanding any statute of limitation provided for in

this act, when it is established that failure to file a claim by an

injured employee or his or her dependents was induced by fraud, the

claim may be filed within one (1) year from the time of the

discovery of the fraud.

2. Subsection A of this section shall not apply to a mental

incompetent or minor so long as the person has no guardian or

similar legal representative. The limitations prescribed in

subsection A of this section shall apply to the mental incompetent

or minor from the date of the appointment of a guardian or similar

legal representative for that person, and when no guardian or

similar representative has been appointed, to a minor on reaching

the age of majority.

D. A latent injury or condition shall not delay or toll the

limitation periods specified in this section. This subsection shall

Oklahoma Statutes - Title 85A. Workers' Compensation Page 100

not apply to the limitation period for occupational diseases

specified in paragraph 2 of subsection A of this section.
Okla. Stat. tit. 85A, § 85A-317 — OK Code / Title 85A / Section 85A-317
Subpoenas - Depositions - Discovery
Status: in_force

A. An arbitrator may issue a subpoena for the attendance of a

witness and for the production of records and other evidence at any

hearing and may administer oaths. A subpoena shall be served in the

manner for service of subpoenas in a civil action and, upon

application and motion to the Commission by a party to the

arbitration proceeding or the arbitrator, enforced in the manner for

enforcement of subpoenas in a civil action. A witness may be

allowed to appear telephonically or by any other available means

that allows contemporaneous cross-examination.

B. In order to make the proceedings fair, expeditious, and

cost-effective, on request of a party or witness in an arbitration

proceeding, an arbitrator may permit a deposition of any witness to

be taken for use as evidence at the hearing, including a witness who

cannot be subpoenaed for or is unable to attend a hearing. The

Oklahoma Statutes - Title 85A. Workers' Compensation Page 148

arbitrator shall determine the conditions under which the deposition

is taken.

C. An arbitrator may permit such discovery as the arbitrator

decides is appropriate in the circumstances, taking into account the

needs of the parties to the arbitration proceeding and other

affected persons and the desirability of making the proceeding fair,

expeditious, and cost-effective.

D. If an arbitrator permits discovery under subsection C of

this section, the arbitrator may order a party to the arbitration

proceeding to comply with the arbitrator's discovery-related orders,

issue subpoenas for the attendance of a witness and for the

production of records and other evidence at a discovery proceeding,

and take action against a noncomplying party to the extent a court

could if the controversy were the subject of a civil action in this

state.

E. An arbitrator may issue a protective order to prevent the

disclosure of privileged information, confidential information,

trade secrets, and other information protected from disclosure to

the extent a court could if the controversy were the subject of a

civil action in this state.

F. All laws compelling a person under subpoena to testify and

all fees for attending a judicial proceeding, a deposition, or a

discovery proceeding as a witness apply to an arbitration proceeding

as if the controversy were the subject of a civil action in this

state.

G. The Commission may enforce a subpoena or discovery-related

order for the attendance of a witness within this state and for the

production of records and other evidence issued by an arbitrator in

connection with an arbitration proceeding in another state upon

conditions determined by the Commission so as to make the

arbitration proceeding fair, expeditious, and cost-effective.