Okla. Stat. tit. 85A, § 85A-63 — OK Code / Title 85A / Section 85A-63
Reports
Status: in_force

A. Within ten (10) days after the date of receipt of notice or

of knowledge of injury or death, the employer shall send to the

Workers' Compensation Commission a report setting forth:

1. The name, address, and business of the employer;

2. The name, address, and occupation of the employee;

3. The cause and nature of the injury or death;

4. The year, month, day, approximately when, and the particular

locality where, the injury or death occurred; and

5. Such other information as the Commission may require.

B. Additional reports with respect to the injury and of the

condition of the employee shall be sent by the employer to the

Commission at such time and in such manner as the Commission may

prescribe. However, an employer may refuse to provide any

information that it deems privileged or confidential.

C. Any report provided for in subsection A or B of this section

shall not be evidence of any fact stated in the report in any

proceeding with respect to the injury or death on account of which

the report is made. Any such report shall be kept confidential and

shall not be open to public inspection; provided, however, such

report shall be made available immediately upon request by the

injured employee named in the report, the injured employee's legal

representative, or any prosecutorial authority. The report shall be

open to public inspection upon the employee's first notice of claim

for compensation being filed.

D. The mailing of any report in a stamped envelope, properly

addressed, within the time prescribed in subsection A or B of this

section, shall be in compliance with this section. In addition, the

Commission shall establish a means of electronic delivery of any

report or other information required by this section.

E. 1. Any employer who after notice refuses to send any report

required by this section shall be subject to a civil penalty in an

amount of Five Hundred Dollars ($500.00) for each refusal.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 92

2. Whenever the employer has failed or refused to comply as

provided in this section, the Commission may serve on the employer a

proposed judgment declaring the employer to be in violation of this

act and containing the amount, if any, of the civil penalty to be

assessed against the employer under this section.

F. An employer may contest a proposed judgment of the

Commission issued under subsection E of this section by filing with

the Commission, within twenty (20) days of receipt of the proposed

judgment, a written request for a hearing. If a written request for

hearing is not filed with the Commission within this time, the

proposed judgment, proposed penalty, or both, shall be a final

judgment of the Commission. 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. 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.

G. Hearings conducted under this section shall proceed as

provided in Sections 69 through 78 of this title.

H. If an employer fails to pay any civil penalty assessed

against the employer after a judgment issued under this section has

become final by operation of law, the Commission may petition 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 or conduct of business until such

time as the employer makes all required reports and pays all civil

penalties.
Okla. Stat. tit. 85A, § 85A-89 — OK Code / Title 85A / Section 85A-89
Advance payments
Status: in_force

If the employer has made advance payments for compensation, the

employer shall be entitled to be reimbursed out of any unpaid

installment or installments of compensation due. If the injured

employee receives full wages during disability, he or she shall not

be entitled to compensation during the period. Any wages paid by

the employer, over the statutory temporary disability maximum, shall

be deducted from the permanent partial disability award. Such

deduction shall be made after any such applicable attorney fee and

any such assessment made pursuant to Sections 45 and 46 of this

title have been paid. Provided, however, no wages paid by the

employer in excess of the statutory temporary disability maximum,

pursuant to a collective bargaining agreement, shall be deducted

from any benefit otherwise available under this title.
Okla. Stat. tit. 85A, § 85A-98 — OK Code / Title 85A / Section 85A-98
Funds to be transferred to Self-insurance Guaranty Fund
Status: in_force

The Self-insurance Guaranty Fund shall be derived from the

following sources:

1. Any unexpended funds, including interest thereon, held by

the State Treasurer in the Workers' Compensation Self-insurance

Guaranty Fund transferred to the Self-insurance Guaranty Fund as

provided in Section 124 of this title;

2. In the event the net fund balance falls below Seven Hundred

Fifty Thousand Dollars ($750,000.00), the Workers' Compensation

Commission shall make an assessment against each private self-

insurer and group self-insurance association based on an assessment

rate to be determined by the commissioners, not exceeding two

percent (2%) per annum of actual paid losses of the self-insurer

during the preceding calendar year, payable to the Tax Commission

for deposit to the fund. The assessment against private self-

insurers shall be determined using a rate equal to the proportion

that the deficiency in the fund attributable to private self-

insurers bears to the actual paid losses of all private self-

insurers for the year period of January 1 through December 31

preceding the assessment. The assessment against group self-

insurance associations shall be determined using a rate equal to the

proportion that the deficiency in excess of the surplus of the Group

Self-Insurance Association Guaranty Fund at the date of the transfer

attributable to group self-insurance associations bears to the

actual paid losses of all group self-insurance associations

cumulatively for any calendar year preceding the assessment. Each

Oklahoma Statutes - Title 85A. Workers' Compensation Page 116

self-insurer shall provide the Workers' Compensation Commission with

such information as the Commission may determine is necessary to

effectuate the purposes of this paragraph. For purposes of this

paragraph, "actual paid losses" means all medical and indemnity

payments, including temporary disability, permanent disability, and

death benefits, and excluding loss adjustment expenses and reserves.

a. The assessment shall be paid within thirty (30)

calendar days after the date the commissioners notify

the self-insurer of the assessment.

b. A private employer or group self-insurance association

which ceases to be a self-insurer shall remain liable

for any and all assessments of the self-insurer as

provided in this paragraph based on actual paid losses

for the calendar year period preceding the assessment.

c. Failure of a self-insurer to pay, or timely pay, an

assessment required by this paragraph, or to report

payment of the same to the Commission within ten (10)

days of payment, shall be grounds for revocation by

the Commission of the self-insurer's permit to self-

insure in this state, after notice and hearing. A

former self-insurer failing to make payments required

by this paragraph promptly and correctly, or failing

to report payment of the same to the Commission within

ten (10) days of payment, shall be subject to

administrative penalties as allowed by law, including

but not limited to, a fine in the amount of Five

Hundred Dollars ($500.00) or an amount equal to one

percent (1%) of the unpaid amount, whichever is

greater, to be paid and deposited to the credit of the

Workers' Compensation Commission Revolving Fund

created in Section 28.1 of this title. It shall be

the duty of the Tax Commission to collect the

assessment provided for in this paragraph. The Tax

Commission is authorized to bring an action for

recovery of any delinquent or unpaid assessments, and

may enforce payment of the assessment by proceeding in

accordance with Section 79 of this title.

d. An impaired self-insurer shall be exempt from

assessments beginning on the date of the Commission's

designation until the Commission determines the self-

insurer is no longer impaired;

3. Any interest accruing on monies paid into the fund; and

4. Monies transferred pursuant to Section 99 of this title.
Okla. Stat. tit. 85A, § 85A-34 — OK Code / Title 85A / Section 85A-34
Administration of Multiple Injury Trust Fund - Standing
Status: in_force

A. The MITF Director shall be charged with the administration

and protection of the Multiple Injury Trust Fund and shall be

notified by the Workers' Compensation Commission of all proceedings

which may affect such fund.

B. The MITF Director shall have authority to conduct all

business affairs relating to administration of the Multiple Injury

Trust Fund, including, but not limited to, appointment of

assistants, accountants, attorneys and other employees as may be

necessary.

C. The MITF Director shall provide results of audit reports to

the Workers' Compensation Commission annually.

D. The MITF Director shall have standing and the authority to

appear in any case before the Commission in which the Commission is

considering an award from the Multiple Injury Trust Fund.

E. Any party interested shall have a right to bring a

proceeding in the Supreme Court to review an award of the Commission

affecting such Multiple Injury Trust Fund, in the same manner as is

now provided by law with reference to other awards by the

Commission.

F. The State Treasurer shall allocate to the MITF Director

sufficient funds for administration expenses thereof in amounts to

be fixed and approved by the Administrator for the Multiple Injury

Trust Fund, unless rejected by the Governor and Attorney General.
Okla. Stat. tit. 85A, § 85A-312 — OK Code / Title 85A / Section 85A-312
Disclosures
Status: in_force

Oklahoma Statutes - Title 85A. Workers' Compensation Page 145

A. Before accepting appointment, an individual who is requested

to serve as an arbitrator, after making a reasonable inquiry, shall

disclose to the parties to the arbitration agreement, the parties to

the arbitration proceeding, and any other arbitrators any known

facts that a reasonable person would consider likely to affect the

impartiality of the arbitrator in the arbitration proceeding,

including but not limited to:

1. A financial or personal interest in the outcome of the

arbitration proceeding; and

2. An existing or past relationship with any of the parties to

the agreement to arbitrate or the arbitration proceeding, their

counsel or representatives, a witness, or another arbitrator.

B. An arbitrator has a continuing obligation to disclose to the

parties to the arbitration agreement, the arbitration proceeding,

and to any other arbitrators any facts that the arbitrator learns

after accepting appointment which a reasonable person would consider

likely to affect the impartiality of the arbitrator.

C. If an arbitrator discloses a conflict under subsection A or

B of this section, any party to the arbitration agreement or the

arbitration proceeding may have the arbitrator removed by filing a

notice of conflict with the Workers' Compensation Commission. If a

notice of conflict is not filed within ten (10) days of disclosure

of the conflict, the parties waive their rights to have any order or

award entered vacated under Section 323 of this title.
Okla. Stat. tit. 85A, § 85A-31 — OK Code / Title 85A / Section 85A-31
Multiple Injury Trust Fund
Status: in_force

A. The Multiple Injury Trust Fund shall be derived from the

following additional sources:

1. As soon as practicable after January 1 of each year, the

commissioners of the Workers' Compensation Commission shall

establish an assessment rate applicable to each mutual or

interinsurance association, stock company, or other insurance

carrier writing workers' compensation insurance in this state, each

employer carrying its own risk, and each group self-insurance

association, for amounts for purposes of computing the assessment

authorized by this section necessary to pay the annual obligations

of the Multiple Injury Trust Fund determined on or before December

31 of each year by the Multiple Injury Trust Fund (MITF) Director,

provided for in subsection Q of this section, to be outstanding for

the next calendar year. The rate shall be equal for all parties

required to pay the assessment. The Board of Directors for

CompSource Mutual Insurance Company shall have the power to

disapprove the rate established by the MITF Director until the

Multiple Injury Trust Fund repays in full the amount due on any loan

from CompSource Mutual Insurance Company or its predecessor

CompSource Oklahoma. If the MITF Director and CompSource Mutual

Insurance Company have not agreed on the assessment rate within

thirty (30) days, the Workers' Compensation Commission shall set an

assessment rate sufficient to cover all foreseeable obligations of

the Multiple Injury Trust Fund, including interest and principal

owed by the fund on any loan;

2. The assessments shall be paid to the Oklahoma Tax

Commission. Insurance carriers, self-insurers, and group self-

insurance associations shall pay the assessment in four equal

installments not later than the fifteenth day of the month following

the close of each quarter of the calendar year of the assessment.

Assessments shall be determined based upon gross direct written

Oklahoma Statutes - Title 85A. Workers' Compensation Page 52

premiums, normal premiums or actual paid losses of the paying party,

as applicable, during the calendar quarter for which the assessment

is due. Assessments are expressly conditioned and contingent upon

preservation of the rebate equal to two-thirds (2/3) of the amount

of the assessment actually paid pursuant to Sections 6101 and 6102

of Title 68 of the Oklahoma Statutes. Uninsured employers shall pay

the assessment not later than the fifteenth day of the month

following the close of each quarter of the calendar year of the

assessment. For purposes of this section, "uninsured employer"

means an employer required by law to carry workers' compensation

insurance but who has failed or neglected to do so.

a. The assessment authorized in this section shall be

determined using a rate equal to the proportion that

the sum of the outstanding obligations of the Multiple

Injury Trust Fund as determined pursuant to paragraph

1 of this subsection bears to the combined gross

direct written premiums of all such insurers; all

actual paid losses of all individual self-insureds;

and the normal premium of all group self-insurance

associations, for the year period from January 1 to

December 31 preceding the assessment.

b. For purposes of this subsection:

(1) "actual paid losses" means all medical and

indemnity payments, including temporary

disability, permanent disability, and death

benefits, and excluding loss adjustment expenses

and reserves, and

(2) "normal premium" means a standard premium less

any discounts;

3. By April 15 of each year, the Insurance Commissioner, the

MITF Director and each individual and group self-insured shall

provide the Workers' Compensation Commission with such information

as the Commission may determine is necessary to effectuate the

purposes of this section;

4. Each mutual or interinsurance association, stock company, or

other insurance carrier writing workers' compensation insurance in

this state, and each employer carrying its own risk, including each

group self-insurance association, shall be notified by the Workers'

Compensation Commission in writing of the rate for the assessment on

or before May 1 of each year in which a rate is determined. The

rate determined by the Commission shall be in effect for four

calendar quarters beginning July 1 following determination by the

Commission. The Commission may amend its previously determined rate

on or after July 1, 2019. Parties affected by the amended rate

shall be notified by the Commission in writing as is reasonable;

5. a. No mutual or interinsurance association, stock

company, or other insurance carrier writing workers'

Oklahoma Statutes - Title 85A. Workers' Compensation Page 53

compensation insurance in this state may be assessed

in any year an amount greater than seven percent (7%)

of the gross direct written premiums of that insurer.

The authorization for a maximum seven-percent

assessment shall exist until fiscal year 2027, then

revert back to six percent (6%) thereafter.

b. No employer carrying its own risk may be assessed in

any year an amount greater than seven percent (7%) of

the total actual paid losses of that individual self-

insured. The authorization for a maximum seven-

percent assessment shall exist until fiscal year 2027,

then revert back to six percent (6%) thereafter.

c. No group self-insurance association may be assessed in

any year an amount greater than seven percent (7%) of

the normal premium of that group self-insurance

association. The authorization for a maximum seven-

percent assessment shall exist until fiscal year 2027,

then revert back to six percent (6%) thereafter;

6. The Oklahoma Tax Commission shall assess and collect from

any uninsured employer a temporary assessment at the rate of five

percent (5%) of the total compensation for permanent total

disability awards, permanent partial disability awards and death

benefits paid out during each quarter of the calendar year by

employers. The assessment shall be paid in four equal installments

not later than the fifteenth day of the month following the close of

the calendar year of the assessments. For the purpose of this

paragraph, "uninsured employer" means an employer required by law to

secure its workers' compensation obligations but who has failed or

neglected to do so;

7. For injuries occurring on or after July 1, 2019, the

Oklahoma Tax Commission shall assess and collect from claimants a

temporary assessment as follows:

a. if an award has been made by the Workers' Compensation

Court of Existing Claims or the Workers' Compensation

Commission for permanent partial disability or

permanent total disability, or if a Compromise

Settlement or Joint Petition has been approved, the

employer or insurance carrier shall pay to such

employee the amount of the award less the assessment.

The assessment shall be paid to the Oklahoma Tax

Commission no later than the fifteenth day of the

month following the close of each quarter of the

calendar year in which compensation is paid or became

payable, and

b. in making and entering awards for compensation for

permanent total disability or permanent partial

disability, three percent (3%) of the total award or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 54

settlement shall be paid to the Tax Commission no

later than the fifteenth day of the month following

the close of each quarter of the calendar year in

which compensation is paid or became payable. The

total amount of the deduction so determined and fixed

shall have the same force and effect as an award for

compensation, and all provisions relating to the

collection of awards shall apply to such judgments;

and

8. If the revenue in any one (1) year is insufficient to make

all necessary payments for obligations of the Multiple Injury Trust

Fund and for the allocations provided for in subsection J of this

section, the unpaid portion shall be paid as soon thereafter as

funds become available.

B. The Multiple Injury Trust Fund is hereby authorized to

receive and expend monies appropriated by the Legislature.

C. It shall be the duty of the Tax Commission to collect the

payments provided for in this act. The Tax Commission is hereby

authorized to bring an action for the recovery of any delinquent or

unpaid payments required in this section.

D. Any mutual or interinsurance association, stock company, or

other insurance company, which is subject to regulation by the

Insurance Commissioner, failing to make payments required in this

act promptly and correctly, and failing to report payment of the

same to the Insurance Commissioner within ten (10) days of payment

shall be subject to administrative penalties as allowed by law,

including but not limited to a fine in the amount of Five Hundred

Dollars ($500.00) or an amount equal to one percent (1%) of the

unpaid amount, whichever is greater, to be paid to the Insurance

Commissioner.

E. Any employer carrying its own risk, or group self-insurance

association failing to make payments required in this act promptly

and correctly, and failing to report payment of the same to the

Commission within ten (10) days of payment shall be subject to

administrative penalties as allowed by law, including but not

limited to a fine in the amount of Five Hundred Dollars ($500.00) or

an amount equal to one percent (1%) of the unpaid amount, whichever

is greater, to be paid to the Commission.

F. 1. On or before the first day of April of each year, the

State Treasurer shall advise the Commission, the MITF Director and

the Tax Commission of the amount of money held as of March 1 of that

year by the State Treasurer to the credit of the Multiple Injury

Trust Fund. On or before the first day of November of each year,

the State Treasurer shall advise the Commission, the MITF Director

and the Tax Commission of the amount of money held as of October 1

of that year by the State Treasurer to the credit of the Multiple

Injury Trust Fund.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 55

2. Until such time as the Multiple Injury Trust Fund fully

satisfies any loan obligation payable to CompSource Mutual Insurance

Company or its predecessor CompSource Oklahoma, the State Treasurer

shall:

a. advise the Chief Executive Officer of CompSource

Mutual Insurance Company on or before the first day of

April of the money held as of March 1 of that year by

the State Treasurer to the credit of the Multiple

Injury Trust Fund, and

b. advise the Chief Executive Officer of CompSource

Mutual Insurance Company on or before the first day of

November of the money held as of October 1 of that

year by the State Treasurer to the credit of the

Multiple Injury Trust Fund.

G. Eighty percent (80%) of all sums held by the State Treasurer

to the credit of the Multiple Injury Trust Fund may by order of the

MITF Director be invested in or loaned on the pledge of any of the

securities in which a state bank may invest the monies deposited

therein by the State Treasurer; or may be deposited in state or

national banks or trust companies upon insured time deposit bearing

interest at a rate no less than currently being paid upon insured

savings accounts in the institutions. As used in this section,

"insured" means insurance as provided by an agency of the federal

government. All such securities or evidence of indebtedness shall

be placed in the hands of the State Treasurer, who shall be the

custodian thereof, who shall collect the principal and interest when

due, and pay the same into the Multiple Injury Trust Fund. The

State Treasurer shall pay by vouchers drawn on the Multiple Injury

Trust Fund for the making of such investments, when signed by the

MITF Director, upon delivery of such securities or evidence of

indebtedness to the State Treasurer. The MITF Director may sell any

of such securities, the proceeds thereof to be paid over to the

State Treasurer for the Multiple Injury Trust Fund.

H. The refund provisions of Sections 227 through 229 of Title

68 of the Oklahoma Statutes shall be applicable to any payments made

to the Multiple Injury Trust Fund. Refunds shall be paid from and

out of the Multiple Injury Trust Fund.

I. Beginning July 1, 2019, One Million Dollars ($1,000,000.00)

of the funds in the Multiple Injury Trust Fund shall be transferred

annually on July 1 to the Oklahoma Department of Labor Revolving

Fund exclusively for the operation and administration of the

Oklahoma Occupational Health and Safety Standards Act and for other

necessary expenses of the Department of Labor.

J. Except for the monies provided for in subsection I of this

section, the Tax Commission shall pay, monthly, to the State

Treasurer to the credit of the Multiple Injury Trust Fund all monies

collected pursuant to the provisions of this section. The State

Oklahoma Statutes - Title 85A. Workers' Compensation Page 56

Treasurer shall pay out of the Multiple Injury Trust Fund only upon

the order and direction of the Workers' Compensation Commission

acting under the provisions hereof.

K. The Commission shall promulgate rules as the Commission

deems necessary to effectuate the provisions of this section.

L. The Insurance Commissioner shall promulgate rules relating

to insurers as defined in Title 36 of the Oklahoma Statutes, as the

Insurance Commissioner deems necessary to effectuate the provisions

of this section.

M. The MITF Director shall have authority to fulfill all

payment obligations of the Multiple Injury Trust Fund.

N. The Multiple Injury Trust Fund may enter into an agreement

with any reinsurer licensed to sell reinsurance by the Insurance

Commissioner pursuant to a competitive process administered by the

Director of Central Purchasing in the Office of Management and

Enterprise Services.

O. Any dividend, rebate, or other distribution, payable by

CompSource Mutual Insurance Company or any other workers'

compensation insurance carrier, to a state agency policyholder shall

be paid to the State Treasurer, and shall be credited as follows:

1. In the event of failure of the Multiple Injury Trust Fund to

meet all lawful obligations, the monies shall be credited to the

Multiple Injury Trust Fund and shall be used by the Multiple Injury

Trust Fund to meet all lawful obligations of the Multiple Injury

Trust Fund; and

2. Otherwise, all future dividends made by any workers'

compensation insurance carrier, on behalf of state agencies, shall

be deposited to the credit of the General Revenue Fund of the State

Treasury.

P. The Workers' Compensation Commission shall be charged with

the administration and protection of the Multiple Injury Trust Fund.

Q. The person serving as the Administrator of the Multiple

Injury Trust Fund on the date of passage and approval of this act

shall serve as the initial MITF Director, provided such person is

serving as the Administrator of the Multiple Injury Trust Fund on

the effective date of this act. The MITF Director shall be

appointed by and serve at the pleasure of the Governor.

R. Any party interested shall have a right to bring a

proceeding in the Supreme Court to review an award of the Workers'

Compensation Commission affecting such Multiple Injury Trust Fund,

in the same manner as is provided by law with reference to other

awards by the Commission.

S. The State Treasurer shall allocate to the Commission out of

the Multiple Injury Trust Fund sufficient funds for administration

expenses thereof in amounts to be fixed and approved by the Director

for the Multiple Injury Trust Fund, unless rejected by the Workers'

Compensation Commission.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 57

T. On or after July 1, 2019, accrued and unpaid compensation

from the Multiple Injury Trust Fund shall bear simple interest only

at the percentage rate applicable under Section 727.1 of Title 12 of

the Oklahoma Statutes from the day an award is made by the Workers'

Compensation Court of Existing Claims or the Workers' Compensation

Commission.
Okla. Stat. tit. 85A, § 85A-401 — OK Code / Title 85A / Section 85A-401
Allocation of monies received by the Workers'
Status: in_force

Compensation Court of Existing Claims.

All monies received by the Workers’ Compensation Court of

Existing Claims (CEC) from all filing fees, fees related to the

preparation of appeals from the CEC, records search fees, and

penalties and fines imposed by the CEC trial judge and collected by

the Administrator of the Workers’ Compensation Commission shall be

deposited in the Workers’ Compensation Commission Revolving Fund.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Commission for

the necessary expenses of the Commission in performing

administrative duties on behalf of the Workers’ Compensation Court

of Existing Claims including filing new claims, docketing,

maintaining records, preparing records for appeal, and preparation

of orders. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 85A, § 85A-91 — OK Code / Title 85A / Section 85A-91
Interest
Status: in_force

Compensation shall bear interest pursuant to Section 727.1 of

Title 12 of the Oklahoma Statutes from the day an award is made by

either an administrative law judge or the full Workers' Compensation

Commission on all accrued and unpaid compensation.
Okla. Stat. tit. 85A, § 85A-320 — OK Code / Title 85A / Section 85A-320
Modification of awards
Status: in_force

A. On motion by a party to an arbitration proceeding, the

arbitrator may modify or correct an award:

1. On a ground stated in paragraph 1 or 3 of subsection A of

Section 324 of this title;

2. Because the arbitrator has not made a final and definite

award upon a claim submitted by the parties to the arbitration

proceeding; or

3. To clarify the award.

B. A motion under subsection A of this section shall be made

and notice given to all parties within twenty (20) days after the

award is issued to the parties.

C. A party to the arbitration proceeding shall give notice of

any objection to the motion within ten (10) days after receipt of

the motion.

D. If a motion to the Workers' Compensation Commission is

pending under Section 323 or 324 of this title, the Commission may

submit the claim to the arbitrator to consider whether to modify or

correct the award:

1. On a ground stated in paragraph 1 or 3 of subsection A of

Section 324 of this title;

2. Because the arbitrator has not made a final and definite

award upon a claim submitted by the parties to the arbitration

proceeding; or

3. To clarify the award.

E. An award modified or corrected under this section is subject

to Sections 322, 323 and 324 of this title.
Okla. Stat. tit. 85A, § 85A-10 — OK Code / Title 85A / Section 85A-10
Release or commutation - Liens against workers'
Status: in_force

compensation benefits.

A. The right to any claim, benefit or compensation shall not be

released or commuted except as provided by the Administrative

Workers' Compensation Act and, except for child support liens, is

not assignable and is not subject to garnishment, attachment, levy,

execution, or any other legal process. Monetary compensation to

dependents of a deceased employee shall not constitute assets of the

estate of the deceased employee and shall be payable to and for the

benefit of the dependents alone. Any amount withheld under the

provisions of this section shall be treated as if it were paid to

the employee as workers' compensation and paid by the employee to

the person or agency to whom the obligation is payable.

B. A lien against workers' compensation benefits is authorized

for the purpose of enforcing a judgment for child support. Child

support liens filed in accordance with Section 135 of Title 43 of

the Oklahoma Statutes are specifically authorized and shall be paid

in accordance with such statute without any order of the Commission.

C. Additionally, all income assignments or wage assignments for

child support issued pursuant to Section 1170 of Title 12 of the

Oklahoma Statutes or Section 237.7 of Title 56 of the Oklahoma

Statutes are specifically authorized and shall be paid in accordance

with such statutes without any order of the Commission.

D. In the event a child support lien is filed in a case before

the Commission, an administrative law judge of the Commission shall

recognize such lien in any award of monetary benefits and the

employer or insurance carrier shall include the name of the person

or government agency asserting the lien on any check for temporary

total disability, permanent partial disability or permanent and

total disability.
Okla. Stat. tit. 85A, § 85A-117 — OK Code / Title 85A / Section 85A-117
Estoppel from denying employment
Status: in_force

Every employer and insurance carrier who schedules any employee

as a person employed by the employer for the purpose of paying or

collecting insurance premiums on a workers' compensation insurance

policy or who pays, receives or collects any premiums upon any

insurance policy covering the liability of such employer under the

workers' compensation law by reason of or upon the basis of the

employment of any such employee shall be estopped to deny that such

employee was employed by the employer.
Okla. Stat. tit. 85A, § 85A-93 — OK Code / Title 85A / Section 85A-93
Investigation
Status: in_force

On its own initiative at any time that compensation payments are

being made without an award, the Workers' Compensation Commission

may, and in any case if the right to compensation has been

controverted, if payments of compensation have been suspended, or if

an employer seeks to suspend payments made under an award, or on

application of an interested party, the Commission shall make such

investigation, cause such medical examination to be made, hold such

hearings, and take such further action as the Commission deems

proper for the protection of the rights of all parties.
Okla. Stat. tit. 85A, § 85A-78 — OK Code / Title 85A / Section 85A-78
Appeals process
Status: in_force

A. Any party feeling aggrieved by the judgment, decision, or

award made by the administrative law judge may, within ten (10) days

of issuance, appeal to the Workers' Compensation Commission. After

hearing arguments, the Commission may reverse or modify the decision

only if it determines that the decision was against the clear weight

of the evidence or contrary to law. All such proceedings of the

Commission shall be recorded by a court reporter, if requested by

any party. Any judgment of the Commission which reverses a decision

of the administrative law judge shall contain specific findings

relating to the reversal.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 105

B. The appellant shall pay a filing fee of One Hundred Seventy-

five Dollars ($175.00) to the Commission at the time of filing his

or her appeal. The fee shall be deposited to the credit of the

Workers' Compensation Commission Revolving Fund.

C. The judgment, decision or award of the Commission shall be

final and conclusive on all questions within its jurisdiction

between the parties unless an action is commenced in the Supreme

Court of this state to review the judgment, decision or award within

twenty (20) days of being sent to the parties. Any judgment,

decision or award made by an administrative law judge shall be

stayed until all appeal rights have been waived or exhausted. The

Supreme Court may modify, reverse, remand for rehearing, or set

aside the judgment or award only if it was:

1. In violation of constitutional provisions;

2. In excess of the statutory authority or jurisdiction of the

Commission;

3. Made on unlawful procedure;

4. Affected by other error of law;

5. Clearly erroneous in view of the reliable, material,

probative and substantial competent evidence;

6. Arbitrary or capricious;

7. Procured by fraud; or

8. Missing findings of fact on issues essential to the

decision.

This action shall be commenced by filing with the Clerk of the

Supreme Court a certified copy of the judgment, decision or award of

the Commission attached to the petition by the complaint which shall

specify why the judgment, decision or award is erroneous or illegal.

The proceedings shall be heard in a summary manner and shall have

precedence over all other civil cases in the Supreme Court, except

preferred Corporation Commission appeals. The Supreme Court shall

require the appealing party to file within forty-five (45) days from

the date of the filing of an appeal or a judgment appealed from, a

transcript of the record of the proceedings before the Commission,

or such later time as may be granted by the Supreme Court on

application and for good cause shown. The action shall be subject

to the law and practice applicable to other civil actions cognizable

in the Supreme Court.

D. A fee of One Hundred Dollars ($100.00) per appeal to the

Supreme Court shall be paid to the Commission and deposited to the

credit of the Workers' Compensation Commission Revolving Fund as

costs for preparing, assembling, indexing and transmitting the

record for appellate review. This fee shall be paid by the party

taking the appeal. If more than one party to the action files an

appeal from the same judgment, decision or award, the fee shall be

paid by the party whose petition in error commences the principal

appeal.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 106
Okla. Stat. tit. 85A, § 85A-22 — OK Code / Title 85A / Section 85A-22
Administration of act - Additional powers and duties
Status: in_force

Oklahoma Statutes - Title 85A. Workers' Compensation Page 46

A. 1. For the purpose of administering the provisions of this

title, the Workers' Compensation Commission is authorized:

a. to make rules necessary for the administration and

operation of the Commission,

b. to appoint and fix the compensation of temporary

technical assistants, medical and legal advisers,

clerical assistants and other officers and employees,

and

c. to make such expenditures, including those for

personal service, rent, books, periodicals, office

equipment, and supplies, and for printing and binding

as may be necessary.

2. a. The Commission shall vote on any substantive change to

any form and the effective date of such substantive

change.

b. The Commission shall comply with the provisions of the

Administrative Procedures Act applicable to the filing

and publication requirements for rules before the

adoption, prescription, amendment, modification, or

repeal of any rule.

B. 1. The Commission may appoint as many persons as may be

necessary to be administrative law judges and in addition may

appoint such examiners, investigators, medical examiners, clerks,

and other employees as it deems necessary to effectuate the

provisions of this title.

2. Employees appointed under this subsection shall receive an

annual salary to be fixed by the Commission.

C. Additionally, the Commission shall have the following powers

and duties:

1. To hear and approve compromise settlements;

2. To review and approve own-risk applications and group self-

insurance association applications;

3. To monitor own-risk, self-insurer and group self-insurance

programs, in accordance with the rules of the Commission;

4. To contract with an appropriate state governmental entity,

insurance carrier or approved service organization to process,

investigate and pay valid claims against an impaired self-insurer

which fails, due to insolvency or otherwise, to pay its workers'

compensation obligations, charges for which shall be paid from the

proceeds of security posted with the Commission as provided in

Section 38 of this title;

5. To establish a toll-free telephone number in order to

provide information and answer questions about the Commission;

6. To hear and determine claims concerning disputed medical

bills;

Oklahoma Statutes - Title 85A. Workers' Compensation Page 47

7. To promulgate necessary rules for administering this title

and develop uniform forms and procedures for use by administrative

law judges. Such rules shall be reviewable by the Legislature;

8. To invest funds on behalf of the Multiple Injury Trust Fund;

9. To appoint a Commission Mediator to conduct informal

sessions to attempt to resolve assigned disputes;

10. To establish a petty cash fund in an amount not to exceed

Five Hundred Dollars ($500.00) to be used for the purpose of making

change for persons purchasing printed or electronic materials from

the Commission, paying fees and fines, and transacting other such

business with the Commission. The fund shall be established and

replenished from any monies available to the Commission for

operating expenses and it shall be administered pursuant to the

requirements of Section 195 of Title 62 of the Oklahoma Statutes;

and

11. Such other duties and responsibilities authorized by law.

D. Communications, whether in person, by electronic medium or

in writing, that reflect the pre-decisional deliberations of the

Commissioners among each other or with Commission staff, and which

occur while exercising their quasi-judicial duties such as reviewing

decisions or awards made by the administrative law judges of the

Commission pursuant to Section 78 of this title or reviewing

arbitration awards pursuant to Section 322 and Section 323 of this

title, shall not be subject to requirements of the Oklahoma Open

Meeting Act or Oklahoma Open Records Act, shall be confidential and

shall be considered protected deliberative communications.

E. It shall be the duty of an administrative law judge, under

the rules adopted by the Commission, to hear and determine claims

for compensation and to conduct hearings and investigations and to

make such judgments, decisions, and determinations as may be

required by any rule or judgment of the Commission.
Okla. Stat. tit. 85A, § 85A-29 — OK Code / Title 85A / Section 85A-29
Fees
Status: in_force

A. Each carrier writing compensation insurance in this state

shall pay to the Workers' Compensation Commission an annual fee of

One Thousand Dollars ($1,000.00).

B. Each self-insurer shall pay to the Commission an annual

application fee of One Thousand Dollars ($1,000.00).

C. Each third-party administrator and marketing firm shall pay

to the Commission an annual application fee of One Thousand Dollars

($1,000.00).

D. Fees required pursuant to this section shall be deposited to

the credit of the Workers' Compensation Commission Revolving Fund.
Okla. Stat. tit. 85A, § 85A-113 — OK Code / Title 85A / Section 85A-113
Transfer of case management - Case managers
Status: in_force

For cases not covered by a certified workplace medical plan, and

where the employer, insurance company, or own-risk employer do not

provide case management, case management may be granted by the

Workers' Compensation Commission on the request of any party, or

when the Commission determines that case management is appropriate.

The administrative law judge shall appoint a case manager from a

list of qualified case managers developed, maintained and

periodically reviewed by the Commission. The period of

qualification shall be two (2) years. Case managers may be

qualified for successive two-year periods. Case managers serving as

qualified case managers on the effective date of this act shall

serve the remainder of their respective two-year qualification

periods and may reapply for successive qualification periods. The

Oklahoma Statutes - Title 85A. Workers' Compensation Page 128

reasonable and customary charges of a medical case manager appointed

by the Commission shall be borne by the employer or insurance

carrier. One change of case manager per party shall be made upon

application of any party.
Okla. Stat. tit. 85A, § 85A-74 — OK Code / Title 85A / Section 85A-74
Rebuttable presumptions
Status: in_force

In any proceeding for the enforcement of a claim for

compensation, there shall be a rebuttable presumption that:

1. The Commission has jurisdiction;

2. Sufficient notice was given; and

3. The injury was not occasioned by the willful intention of

the injured employee to bring about the injury to himself or herself

or another.
Okla. Stat. tit. 85A, § 85A-102 — OK Code / Title 85A / Section 85A-102
Pooled liabilities - Distribution of surplus
Status: in_force

A. The Workers' Compensation Commission shall adopt rules

permitting two or more employers, not otherwise subject to the

provisions of Section 150 of this act, to pool together liabilities

under this act for the purpose of qualifying as a group self-insurer

and each such employer shall be classified as a self-insurer.

B. The Commission shall approve the distribution of all

undistributed policyholders' surplus of a Workers' Compensation

Self-Insurance Program if the Program complies with the following

criteria:

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

Oklahoma Statutes - Title 85A. Workers' Compensation Page 119

2. Has its financial statements audited by a public accounting

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

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

accounting firm has issued an unqualified opinion as to the fair

presentation of the financial position of the Program showing

adequate solvency and reserves; and

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

other regulations as required by the Commission.

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

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

subject to the provisions of the Oklahoma Uniform Securities Act of

2004.
Okla. Stat. tit. 85A, § 85A-400 — OK Code / Title 85A / Section 85A-400
Workers' Compensation Court
Status: repealed

A. The Workers’ Compensation Court of Existing Claims (CEC)

shall have exclusive jurisdiction over all disputes relating to

claims that arise before February 1, 2014.

B. Effective July 1, 2024, the Workers’ Compensation Court of

Existing Claims shall consist of one judge to be appointed by the

Chief Justice of the Supreme Court from a list of retired judges on

a rotational basis. An active retired judge appointed to serve as a

CEC trial judge may receive per diem and travel reimbursement as

authorized by subsection F of Section 1104B of Title 20 of the

Oklahoma Statutes. A judge serving on the CEC Division of the Court

of Civil Appeals shall receive no additional compensation other than

the compensation provided by law.

C. 1. Effective July 1, 2024, the position of the

Administrator of the Court of Existing Claims shall terminate. All

administrative duties of the CEC shall be transferred to the

Oklahoma Workers’ Compensation Commission including docketing,

filing, preparation of appellate records, preparation of orders, and

all other duties previously performed by the Administrator and the

court clerk of the CEC. The Commission shall provide the use of a

courtroom to the CEC judge to conduct hearings on claims for

compensation and other proceedings.

2. All judicial functions of the CEC shall remain under the

authority of the Supreme Court. The Administrative Director of the

Courts shall assist the Commission with the transfer of any duties

determined to be judicial functions. The Director shall contract

with the Commission to provide support services or personnel needs

necessary to carry out the purposes of the CEC and shall supervise

the work of any such personnel as necessary to maintain the CEC as a

court of record. The Director shall assist the CEC trial judge and

the CEC Division of the Court of Civil Appeals as needed and may

expend funds for personnel, contracts for court reporting, and other

support services.

D. The Commission shall maintain the case management and

records information technology system of the CEC as part of the

system of the Commission and such system shall be utilized by the

CEC trial judge. The Commission shall be entitled to any fees

generated for the retrieval of such data. The Director shall enter

into an agreement with the Commission for the CEC to share in the

cost for annual maintenance attributed to case management,

docketing, and recordkeeping on behalf of the CEC.

E. The non-CEC case management system, docketing, appellate

records, and other records maintained in the normal course of

Oklahoma Statutes - Title 85A. Workers' Compensation Page 154

business of the Court of Civil Appeals shall remain with the

Oklahoma Court Information System (OCIS) of the Supreme Court. The

Director may contract and expend funds as needed to modify the OCIS

to support the CEC trial judge and the CEC Division of the Court of

Civil Appeals.

F. The CEC shall operate by the rules adopted by the Workers’

Compensation Court prior to February 1, 2014. The CEC Division of

the Court of Civil Appeals shall adopt rules of practice and

procedure for appeals to the CEC Division.

G. The CEC shall continue as a court of record, with respect to

any matter within the limits of its jurisdiction. Any party to a

hearing on a claim for compensation before the CEC trial judge or

the CEC Division shall be entitled to the services of a court

reporter. The cost of transcripts shall be borne by the requesting

party unless otherwise determined by order of the CEC trial judge.

H. The Director shall contract with the Commission for office

and courtroom space for the CEC trial judge. The CEC trial judge

may hold hearings and other proceedings in facilities provided by

the Director or the Commission.

I. 1. The CEC trial judge shall be vested with jurisdiction

over all claims filed pursuant to the Workers’ Compensation Code or

previous statute in effect on the date of an injury that occurred

before February 1, 2014. All claims so filed shall be heard by the

judge sitting without a jury. The CEC trial judge shall have full

power and authority to determine all questions in relation to

payment of claims for compensation under the provisions of the

Workers’ Compensation Code or previous statute in effect on the date

of an injury that occurred before February 1, 2014.

2. The Commission shall coordinate with the Director to

schedule a docket for hearings on claims for compensation and other

proceedings requested by either party, including all cases pending

on the effective date of this act. Hearings on claims for

compensation and other proceedings may be conducted in person or

remotely at the discretion of the CEC trial judge. The CEC trial

judge may conduct other proceedings on preliminary or supplemental

matters as needed. If any claim or proceeding is assigned to the

Commission by the CEC trial judge for a preliminary review, the

chair of the Commission may assign the matter to any Commission

administrative law judge (ALJ), or other hearing officer. Any party

may present evidence and be represented by counsel before the CEC

trial judge, the ALJ, or other hearing officer.

3. Upon receipt of the recommendation of the ALJ or other

hearing officer, any party may request a de novo rehearing with the

CEC trial judge or may waive the rehearing. If both parties waive

the rehearing, any recommendation by the ALJ or other hearing

officer shall not become a final determination until approved by

Oklahoma Statutes - Title 85A. Workers' Compensation Page 155

order of the CEC trial judge. Only the final order based upon the

decision of the CEC trial judge shall be appealable.

4. The decision of the CEC trial judge shall be final as to all

questions of fact and law; provided, the decision of the CEC trial

judge may be appealed to the CEC Division of the Court of Civil

Appeals within ten (10) days or the Supreme Court as provided by the

Workers’ Compensation Code or previous statute in effect on the date

of an injury that occurred before February 1, 2014. The Commission

shall coordinate with the Director to schedule a docket for hearings

on appeals to the CEC Division of the Court of Civil Appeals,

including all cases pending on the effective date of this act. The

parties may appeal a decision of the CEC Division to the Supreme

Court as provided by the Supreme Court rules in the same manner as

from the three-judge en banc panel. The decision of the CEC trial

judge shall be issued within thirty (30) days following the

submission of the case by the parties. The power and jurisdiction

of the CEC trial judge over each case shall be continuing and he or

she may, from time to time, make such modifications or changes with

respect to former findings or orders relating thereto if, in his or

her opinion, it may be justified.

J. For an injury occurring before February 1, 2014, all

benefits and procedures to obtain benefits shall be determined by

the workers’ compensation law of this state in effect on the date of

the injury.

K. All accrued rights and penalties incurred pursuant to a

final order of the CEC trial judge shall be preserved. No accrued

right, penalty incurred, or proceeding begun by virtue of a statute

repealed by this act shall be abrogated by the terms of this act.

L. 1. On or before July 1 of each year, the Administrator of

the Commission shall prepare and electronically submit a report for

the prior calendar year 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 which shall include a

statement of the number of awards made and the causes of the

accidents leading to the injuries for which the awards were made,

total work load data of the CEC trial judge, a detailed statement of

the expenses of the Commission for all administrative duties

performed on behalf of the CEC, together with any other matter which

the Commission deems proper to report to the Governor including any

recommendations he or she may desire to make.

2. On or before July 1 of each year, the Director shall

electronically submit to the officials listed in paragraph 1 of this

subsection a report for the prior calendar year which shall include

the total workload of the CEC Division of the Court of Civil Appeals

and a detailed statement of expenses incurred because of three-judge

en banc panel appeals.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 156

M. Subject to the availability of funds, the Director may enter

into a contract to employ one part-time attorney to assist parties

without representation with duties and assignments to be determined

by the CEC trial judge and Director.
Okla. Stat. tit. 85A, § 85A-12 — OK Code / Title 85A / Section 85A-12
Preference
Status: in_force

Compensation due an injured employee or his or her dependents

shall have the same preference as is allowed by law to an employee

for unpaid wages.
Okla. Stat. tit. 85A, § 85A-123 — OK Code / Title 85A / Section 85A-123
Perjury
Status: in_force

Any form, claim, answer or report to be filed by any person with

the Workers' Compensation Commission pursuant to this act shall

contain or be verified by a written declaration that such form,

claim, answer or report is true and made under the penalty of

perjury.
Okla. Stat. tit. 85, § 85-399 — OK Code / Title 85 / Section 85-399
Self-insurance associations - Pooling of liabilities
Status: in_force

The Workers' Compensation Court shall adopt rules permitting two

or more group self-insurance associations to pool their liabilities

under this act for the purpose of providing such group self-

insurance associations specific and aggregate excess insurance.
Okla. Stat. tit. 85A, § 85A-110 — OK Code / Title 85A / Section 85A-110
Alternative dispute resolution program
Status: in_force

A. The Workers' Compensation Commission shall develop an

alternative dispute resolution program which affords an injured

employee the opportunity to obtain benefits by request or informal

procedure. The program shall include an increased emphasis on

making mediation and other alternative dispute resolution programs

affordable and convenient to an injured employee not represented by

counsel.

B. Participation in an alternative dispute resolution program

is not a prerequisite to the commencement of a claim for benefits

under this act. A request for alternative dispute resolution or a

consent to participate in such program does not invoke the

jurisdiction of the Commission.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 124

C. Mediation shall be voluntary, informal, and nonbinding in

any claim arising pursuant to the provisions of this act, except for

claims against the Multiple Injury Trust Fund and medical treatment

issues subject to a certified workplace medical plan. Provided,

however, the parties may waive mediation and proceed directly to an

administrative hearing.

D. A Commission mediator, appointed by the Commission, shall

conduct an informal mediation between the parties in regard to

claims for a closed period of lost time where the employee has

returned to work, for medical benefits only, for reimbursement of

travel expenses and medical treatment, in cases in which the

employee is not represented by an attorney, or there is no record of

insurance coverage. Such mediation shall be conducted by the

Commission mediator within thirty (30) days of the filing of a

request for any such benefit.

E. Upon the filing of a request for an administrative hearing

on issues not specifically listed in subsection D of this section,

the Commission shall set the case for prehearing before the assigned

judge within fifteen (15) days. At the prehearing, the

administrative law judge shall accept a waiver of mediation by the

parties or appoint a mediator and issue an order reflecting such

appointment. The mediator shall contact the parties and schedule a

mediation session within thirty (30) days of such order, unless

otherwise agreed to by the parties.

F. Mediation is confidential and no part of the proceeding

shall be considered a matter of public record. Recommendations of

the mediator are not binding unless the parties enter into a

settlement agreement. If an agreement is not reached, the results

and statements made during the mediation are not admissible in any

following proceeding.

G. The Commission shall be responsible for certifying those

persons who are eligible and qualified to serve as mediators. An

individual may be certified as a mediator if the applicant meets the

qualifications as required by the Commission. A certified mediator

may be an attorney or nonattorney who has worked in the area of

Oklahoma workers’ compensation benefits for at least five (5) years.

Mediators serving as Commission-certified mediators on the effective

date of this section shall serve the remainder of their respective

five-year certification periods and may reapply for successive

certification periods.

H. Each certified mediator shall remain on the list for five

(5) years, unless removed. Mediators shall be required to complete

at least six (6) hours of continuing education per two-year period

in the areas of mediation and workers' compensation. Proof of

compliance with this requirement shall be submitted to the

Commission. This continuing education requirement shall be in

addition to any other such general requirement which may be required

Oklahoma Statutes - Title 85A. Workers' Compensation Page 125

by the Oklahoma State Bar Association. Cost of continuing education

is to be borne by the applicant.

I. Mediators shall be compensated at the rate or fee as

determined by the mediator; provided, however, the rate or fee shall

not exceed a maximum rate to be established by the Commission by

rule. The cost of mediation shall be paid by the respondent or its

insurance carrier. A mediator must schedule mediations for a

minimum two-hour block of time, and may not schedule more than one

mediation to take place at a time.

J. At the time of a mediation, the claimant shall be in

attendance unless all parties agree, and all parties shall be

represented during the entire mediation session by a person with

full settlement authority to settle any issue of the claim. If a

party does not have full settlement authority, or does not

participate in good faith in the mediation process, the mediator

shall report to the assigned administrative law judge of the

Commission who may for good cause shown assess costs, attorney fees,

and sanctions.

K. To encourage early resolution of claims, an injured employee

may participate in mediation without counsel. Upon compromise

settlement of the claim, the parties may submit the settlement

agreement to any administrative law judge for final approval.
Okla. Stat. tit. 85A, § 85A-324 — OK Code / Title 85A / Section 85A-324
Modification of awards by Commission
Status: in_force

A. On application and motion made within thirty (30) days after

movant receives notice of the award or within thirty (30) days after

the movant receives notice of a modified or corrected award, the

Commission shall modify or correct the award if:

1. There was an evident mathematical miscalculation or an

evident mistake in the description of a person, thing, or property

referred to in the award;

2. The arbitrator has made an award on a claim not submitted to

the arbitrator and the award may be corrected without affecting the

merits of the decision upon the claims submitted; or

3. The award is imperfect in a matter of form not affecting the

merits of the decision on the claims submitted.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 152

B. If a motion made under subsection A of this section is

granted, the Commission shall modify or correct and confirm the

award as modified or corrected. Otherwise, unless a motion to

vacate is pending, the Commission shall confirm the award.

C. A motion to modify or correct an award under this section

may be joined with a motion to vacate the award.
Okla. Stat. tit. 85A, § 85A-51 — OK Code / Title 85A / Section 85A-51
Payment of medical expenses
Status: in_force

The employer shall pay one hundred percent (100%) of the medical

expenses, subject to the Fee Schedule, with no maximum dollar or

duration limits for all compensable injuries.
Okla. Stat. tit. 85A, § 85A-316 — OK Code / Title 85A / Section 85A-316
Payment of legal fees
Status: in_force

A. A party to an arbitration proceeding may be represented by a

lawyer.

B. Each party shall be responsible for payment of his or her

legal fees incurred during arbitration, except as provided for in

Section 321 of this title.

C. The employee's attorney may not recover legal fees in excess

of the limits described in Section 82 of this title.
Okla. Stat. tit. 85A, § 85A-58 — OK Code / Title 85A / Section 85A-58
Copying of medical records
Status: in_force

A. 1. Every hospital or other person furnishing the injured

employee with medical services shall permit its records to be copied

by and shall furnish full written information to the Commission, the

Workers' Compensation Fraud Investigation Unit, the employer, the

carrier, and the employee or the employee's dependents.

2. The reasonable cost of copies shall be paid by the requestor

to the health care or medical service provider furnishing them.

B. No person who in good faith under subsection A of this

section or under rules established by the Commission reports medical

information shall incur legal liability for the disclosure of the

information.
Okla. Stat. tit. 85A, § 85A-115 — OK Code / Title 85A / Section 85A-115
Joint Petition for settlement
Status: in_force

A. If the employee and employer shall reach an agreement for

the full, final and complete settlement of any issue of a claim

pursuant to this act, a form designated as "Joint Petition" shall be

signed by both the employer and employee, or representatives

thereof, and shall be approved by the Workers' Compensation

Commission or an administrative law judge, and filed with the

Workers' Compensation Commission. In cases in which the employee is

not represented by legal counsel, the Commission or an

administrative law judge shall have jurisdiction to approve a full,

final and complete settlement of any issue upon the filing of an

Employer's First Notice of Injury. There shall be no requirement

for the filing of an Employee's First Notice of Claim for

Compensation to effect such settlement in cases in which the

employee is not represented by legal counsel.

B. In the event all issues of a claim are not fully, finally

and completely settled by a Joint Petition, the issues not settled

by the parties and subject to the Commission's continuing

jurisdiction must be noted by appendix to the Joint Petition or on a

form created for such purpose by the Commission. The appendix must

be signed by the parties and approved by the Commission as set forth

herein.

C. In the absence of fraud, a Joint Petition shall be deemed

binding upon the parties thereto and a final adjudication of all

rights pursuant to this title or the workers' compensation law in

effect at the time of the injury or final order of the Workers'

Oklahoma Statutes - Title 85A. Workers' Compensation Page 129

Compensation Commission. An official record shall be made by an

official Commission reporter of the testimony taken to effect the

Joint Petition.

D. A good-faith effort shall be made on the part of any

insurance carrier or group self-insured plan to notify an insured

employer of the possibility of and terms of any settlement of a

workers' compensation case pursuant to this section. Written

comments or objections to settlements shall be filed with the

Commission and periodically shared with the management of the

applicable insurer. A written notice shall be made to all

policyholders of their right to a good-faith effort by their insurer

to notify them of any proposed settlement, if the policyholder so

chooses.
Okla. Stat. tit. 85A, § 85A-303 — OK Code / Title 85A / Section 85A-303
Agreements governed by act
Status: in_force

The Workers' Compensation Arbitration Act governs an agreement

to arbitrate made on or after February 1, 2014. The Workers'

Compensation Arbitration Act governs an agreement to arbitrate made

before February 1, 2014, if all the parties to the agreement or to

the arbitration proceeding agree in writing.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 141
Okla. Stat. tit. 85A, § 85A-67 — OK Code / Title 85A / Section 85A-67
Notice of occupational disease or cumulative trauma
Status: in_force

A. Except as otherwise provided in this section, notice of

disability resulting from an occupational disease or cumulative

trauma shall be the same as in cases of accidental injury.

B. Written notice shall be given to the employer of an

occupational disease or cumulative trauma by the employee, or a

representative of the employee in the case of incapacity or death,

within six (6) months after the first distinct manifestation of the

disease or cumulative trauma or within six (6) months after death.
Okla. Stat. tit. 85A, § 85A-315 — OK Code / Title 85A / Section 85A-315
Summary disposition - Notice of hearing - Right to be
Status: in_force

heard - Replacement arbitrator.

A. Arbitrations shall be conducted in a fair and expeditious

manner. The authority conferred on arbitrators includes, without

limitation, the power to hold conferences and hearings with the

parties, determine the admissibility, relevance, materiality and

weight of any evidence, as well as ask questions of any witnesses

during the proceedings.

B. An arbitrator may decide a request for summary disposition

of a claim or particular issue:

1. If all interested parties agree; or

2. On request of one party to the arbitration proceeding if

that party gives notice to all other parties to the proceeding and

the other parties have a reasonable opportunity to respond.

C. If an arbitrator orders a hearing, the arbitrator shall set

a time and place and give notice of the hearing not less than five

(5) days before the hearing begins. Unless a party to the

arbitration proceeding makes an objection to lack or insufficiency

of notice not later than the beginning of the hearing, the party's

appearance at the hearing waives the objection. On request of a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 147

party to the arbitration proceeding and for good cause shown, or

upon the arbitrator's own initiative, the arbitrator may adjourn the

hearing from time to time as necessary but may not postpone the

hearing to a time later than that fixed by the agreement to

arbitrate for making the award unless the parties to the arbitration

proceeding consent to a later date. The arbitrator may hear and

decide the controversy on the evidence produced although a party who

was duly notified of the arbitration proceeding did not appear. The

Commission, on request, may direct the arbitrator to conduct the

hearing promptly and render a timely decision.

D. At a hearing under subsection C of this section, a party to

the arbitration proceeding has a right to be heard, to present

evidence material to the controversy, and to cross-examine witnesses

appearing at the hearing.

E. If an arbitrator ceases or is unable to act during the

arbitration proceeding, a replacement arbitrator shall be appointed

according to the rules of the arbitration organization through which

the arbitration is being conducted or, in the absence of such rules,

by application to the Commission.
Okla. Stat. tit. 85A, § 85A-104 — OK Code / Title 85A / Section 85A-104
Workers' Compensation Commission and Self-Insurance
Status: in_force

Guaranty Fund Board liability.

No member or personnel of the Workers' Compensation Commission,

the Self-insurance Guaranty Fund Board, or administrative law judge

shall be liable in a civil proceeding for any act performed in good

faith in the performance of that person's powers or duties under

this act.
Okla. Stat. tit. 85A, § 85A-6 — OK Code / Title 85A / Section 85A-6
Fraud
Status: in_force

A. 1. a. Any person or entity who makes any material false

statement or representation, who willfully and knowingly omits or

conceals any material information, or who employs any device,

scheme, or artifice, or who aids and abets any person for the

purpose of:

(1) obtaining any benefit or payment,

(2) increasing any claim for benefit or payment, or

(3) obtaining workers' compensation coverage under

the Administrative Workers' Compensation Act,

shall be guilty of a Class D1 felony offense

punishable pursuant to Section 1663 of Title 21 of the

Oklahoma Statutes.

b. A material false statement or representation includes,

but is not limited to, attempting to obtain treatment

or compensation for body parts that were not injured

in the course and scope of employment.

c. Fifty percent (50%) of any criminal fine imposed and

collected under this section shall be paid and

allocated in accordance with applicable law to the

Workers' Compensation Commission Revolving Fund.

2. Any person or entity with whom any person identified in

division (1) of subparagraph a of paragraph 1 of this subsection has

conspired to achieve the proscribed ends shall, by reason of such

conspiracy, be guilty as a principal of a felony.

B. Except for forms submitted through the Electronic Data

Interchange system employed by the Workers' Compensation Commission

pursuant to Section 101 of this title, a copy of division (1) of

subparagraph a of paragraph 1 of subsection A of this section shall

be included on all forms prescribed by the Commission for the use of

injured employees claiming benefits and for the use of employers in

responding to employees' claims under this act.

C. While receiving temporary total disability benefits, failing

to report any earned income to an employer, insurance carrier or

third-party administrator shall be a Class D1 felony offense

punishable pursuant to Section 1663 of Title 21 of the Oklahoma

Statutes.

D. If the Workers' Compensation Commission or the Attorney

General finds that a violation of division (1) of subparagraph a of

paragraph 1 of subsection A of this section has been committed, or

that any other criminal violations in furtherance of this act were

Oklahoma Statutes - Title 85A. Workers' Compensation Page 30

committed, the chair of the Commission or the Attorney General shall

refer the matter for appropriate action to the prosecuting attorney

having criminal jurisdiction over the matter.

E. 1. a. There shall be established within the Office of the

Attorney General a Workers' Compensation Fraud

Investigation Unit, funded by the Commission. The

Attorney General shall appoint a Director of the

Workers' Compensation Fraud Investigation Unit, who

may also serve as the director of any other designated

insurance fraud investigation division within the

Attorney General's office.

b. (1) The Unit shall investigate workers' compensation

fraud, any additional criminal violations that

may be related to workers' compensation fraud,

and any other insurance fraud matters as may be

assigned at the discretion of the Attorney

General.

(2) The Attorney General shall designate the

personnel assigned to the Unit, who, on meeting

the qualifications established by the Oklahoma

Council on Law Enforcement Education and

Training, shall have the powers of specialized

law enforcement officers of the State of Oklahoma

for the purpose of conducting investigations

under this subparagraph. Personnel hired as

specialized law enforcement officers shall be

certified as a peace officer by the Oklahoma

Council on Law Enforcement Education and

Training.

2. The Attorney General and his or her deputies and assistants

and the Director of the Workers' Compensation Fraud Investigation

Unit and his or her deputies and assistants shall be vested with the

power of enforcing the requirements of this section.

3. It shall be the duty of the Unit to assist the Attorney

General in the performance of his or her duties. The Unit shall

determine the identity of employees in this state who have violated

division (1) of subparagraph a of paragraph 1 of subsection A of

this section and report the violation to the Office of the Attorney

General and the Commission. The Attorney General shall report the

violation to the prosecuting attorney having jurisdiction over the

matter.

4. a. In the course of any investigation being conducted by

the Unit, the Attorney General and his or her deputies

and assistants and the Director and his or her

deputies and assistants shall have the power of

subpoena and may:

(1) subpoena witnesses,

Oklahoma Statutes - Title 85A. Workers' Compensation Page 31

(2) administer oaths or affirmations and examine any

individual under oath, and

(3) require and compel the production of records,

books, papers, contracts, and other documents.

b. The issuance of subpoenas for witnesses shall be

served in the same manner as if issued by a district

court.

c. (1) Upon application by the commissioner or the

Director of the Unit, the district court located

in the county where a subpoena was served may

issue an order compelling an individual to comply

with the subpoena to testify.

(2) Any failure to obey the order of the court may be

punished as contempt.

d. If any person has refused in connection with an

investigation by the Director to be examined under

oath concerning his or her affairs, then the Director

is authorized to conduct and enforce by all

appropriate and available means any examination under

oath in any state or territory of the United States in

which any officer, director, or manager may then

presently be to the full extent permitted by the laws

of the state or territory.

e. In addition to the punishments described in paragraph

1 of subsection A of this section, any person

providing false testimony under oath or affirmation in

this state as to any matter material to any

investigation or hearing conducted under this

subparagraph, or any workers' compensation hearing,

shall upon conviction be guilty of perjury.

5. Fees and mileage of the officers serving the subpoenas and

of the witnesses in answer to subpoenas shall be as provided by law.

6. a. Every carrier or employer who has reason to suspect

that a violation of division (1) of subparagraph a of

paragraph 1 of subsection A of this section has

occurred shall be required to report all pertinent

matters to the Unit.

b. No carrier or employer who makes a report for a

suspected violation of division (1) of subparagraph a

of paragraph 1 of subsection A of this section by an

employee shall be liable to the employee unless the

carrier or employer knowingly and intentionally

included false information in the report.

c. (1) Any carrier or employer who willfully and

knowingly fails to report a violation under

division (1) of subparagraph a of paragraph 1 of

subsection A of this section shall be guilty of a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 32

misdemeanor and on conviction shall be punished

by a fine not to exceed One Thousand Dollars

($1,000.00).

(2) Fifty percent (50%) of any criminal fine imposed

and collected under this subparagraph shall be

paid and allocated in accordance with applicable

law to the fund administered by the Commission.

d. Any employee may report suspected violations of

division (1) of subparagraph a of paragraph 1 of

subsection A of this section. No employee who makes a

report shall be liable to the employee whose suspected

violations have been reported.

F. 1. For the purpose of imposing criminal sanctions or a fine

for violation of the duties of this act, the prosecuting attorney

shall have the right and discretion to proceed against any person or

organization responsible for such violations, both corporate and

individual liability being intended by this act.

2. The prosecuting attorney of the district to whom a suspected

violation of subsection A of this section, or any other criminal

violations that may be related thereto, have been referred shall,

for the purpose of assisting him or her in such prosecutions, have

the authority to appoint as special deputy prosecuting attorneys

licensed attorneys-at-law in the employment of the Unit or any other

designated insurance fraud investigation division within the

Attorney General's office. Such special deputy prosecuting

attorneys shall, for the purpose of the prosecutions to which they

are assigned, be responsible to and report to the prosecuting

attorney.

G. Notwithstanding any other provision of law, investigatory

files as maintained by the Attorney General's office and by the Unit

shall be deemed confidential and privileged. The files may be made

open to the public once the investigation is closed by the Director

of the Workers' Compensation Fraud Investigation Unit with the

consent of the Attorney General.

H. The Attorney General, with the cooperation and assistance of

the Commission, is authorized to establish rules as may be necessary

to carry out the provisions of this section.

I. Nothing in this section shall be deemed to create a civil

cause of action.

J. Except for forms submitted through the Electronic Data

Interchange system employed by the Commission pursuant to Section

101 of this title, the Commission shall include a statement on all

forms for notices and instructions to employees, employers, carriers

and third-party administrators that any person who commits workers'

compensation fraud, upon conviction, shall be guilty of a felony

punishable by imprisonment, a fine or both.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 33

K. If an injured employee is charged with workers' compensation

fraud, any pending workers' compensation proceeding, including

benefits, shall be stayed after the preliminary hearing is concluded

and the claimant is bound over and shall remain stayed until the

final disposition of the criminal case. All notice requirements

shall continue during the stay.

L. If the Attorney General's Office is in compliance with the

discovery provisions of Section 258 of Title 22 of the Oklahoma

Statutes, medical records created for the purpose of treatment and

medical opinions obtained during the investigation shall be

admissible at the preliminary hearing without the appearance of the

medical professional creating such records or opinions. However,

when material evidence dispositive to the issues of whether there

was probable cause the crime was committed and whether the defendant

committed the crime, was not included in a report or opinion

admitted at preliminary hearing, but might be presented at a

pretrial hearing by a medical professional who created such report

or opinion, the judge may, upon the motion of either party, order

the appearance of the medical professional creating such report or

opinion. Questions of fact regarding the conduct of the defendant

that conflict with the findings of the medical professional

evaluating the defendant shall not constitute material evidence. In

the event of such motion, notice shall be given to the Attorney

General's Workers' Compensation Fraud and Investigation and

Prosecution Unit. A hearing shall be held and, if the motion is

granted, the evidence shall not be presented fewer than five (5)

days later.

M. Any person or entity who, in good faith and exercising due

care, reports suspected workers' compensation fraud or insurance

fraud, or who allows access to medical records or other information

pertaining to suspected workers' compensation or insurance fraud, by

persons authorized to investigate a report concerning the workers'

compensation and insurance fraud, shall have immunity from any civil

or criminal liability for such report or access. Any such person or

entity shall have the same immunity with respect to participation in

any judicial proceeding resulting from such reports. For purposes

of any civil or criminal proceeding, there shall be a presumption of

good faith of any person making a report, providing medical records

or providing information pertaining to a workers' compensation or

insurance fraud investigation by the Attorney General, and

participating in a judicial proceeding resulting from a subpoena or

a report.
Okla. Stat. tit. 85A, § 85A-122 — OK Code / Title 85A / Section 85A-122
Costs of administering act
Status: in_force

A. The Workers’ Compensation Commission Revolving Fund

established by Section 28.1 of this title shall be used for the

costs of administering the Administrative Workers’ Compensation Act

and for other purposes as authorized by law.

B. For the purpose of providing funds for the Workers’

Compensation Commission Revolving Fund, for the Workers’

Compensation Court of Existing Claims Administrative Fund (CECAF)

Oklahoma Statutes - Title 85A. Workers' Compensation Page 134

created in Section 401.1 of this title, for the Multiple Injury

Trust Fund created in Section 28 of this title, and to fund other

provisions within this title, the following tax rates shall apply:

1. Each mutual or interinsurance association, stock company,

CompSource Mutual Insurance Company or other insurance carrier

writing workers’ compensation insurance in this state shall pay to

the Oklahoma Tax Commission an assessment at a rate of one percent

(1%) of all gross direct premiums written during each quarter of the

calendar year for workers’ compensation insurance on risks located

in this state after deducting from such gross direct premiums,

return premiums, unabsorbed portions of any deposit premiums, policy

dividends, safety refunds, savings and other similar returns paid or

credited to policyholders. Such payments to the Oklahoma Tax

Commission shall be made not later than the fifteenth day of the

month following the close of each quarter of the calendar year in

which such gross direct premium is collected or collectible.

Contributions made by insurance carriers and CompSource Mutual

Insurance Company, under the provisions of this section, shall be

considered for the purpose of computing workers’ compensation rates;

and

2. When an employer is authorized to become a self-insurer, the

Workers’ Compensation Commission shall notify the Oklahoma Tax

Commission and give the effective date of such authorization. The

Oklahoma Tax Commission shall then assess and collect from the

employers carrying their own risk an assessment at the rate of two

percent (2%) of the total compensation for permanent total

disability awards, permanent partial disability awards and death

benefits paid out during each quarter of the calendar year by the

employers. Such assessment shall be payable by the employers and

collected by the Oklahoma Tax Commission according to the provisions

of this section regarding payment and collection of the assessment

created in paragraph 1 of this subsection.

C. It shall be the duty of the Oklahoma Tax Commission to

collect the payments provided for in this title. The Oklahoma Tax

Commission is hereby authorized to bring an action for the recovery

of any delinquent or unpaid payments required in this section. The

Oklahoma Tax Commission may also enforce payments by proceeding in

accordance with the provisions of Section 98 of this title.

D. The Oklahoma Tax Commission shall pay monthly to the State

Treasurer to the credit of the Multiple Injury Trust Fund all monies

collected under the provisions of this section, less the annual

amounts which shall be apportioned by the Oklahoma Tax Commission,

first to the Workers’ Compensation Commission Revolving Fund, as

follows; provided, however, if the fund in any one month is

insufficient to make the required payments, the unpaid portion shall

be paid as soon as funds become available:

Oklahoma Statutes - Title 85A. Workers' Compensation Page 135

1. Five Million Five Hundred Thousand Dollars ($5,500,000.00)

shall be payable each fiscal year in equal monthly installments to

the credit of the Workers’ Compensation Commission Revolving Fund

established in Section 28.1 of this title to be used to implement

the provisions of this title; and

2. Two Hundred Fifty Thousand Dollars ($250,000.00) shall be

payable in equal monthly installments to the credit of the Workers’

Compensation Court of Existing Claims Administrative Fund (CECAF)

for the fiscal year beginning July 1, 2023, and each subsequent

fiscal year.

As of July 1, 2024, the balance of monies in the CEC Revolving

Fund and monies deposited in the Workers’ Compensation Court of

Existing Claims Administrative Fund (CECAF) shall be used by the

Administrative Director of the Courts to fund all expenses

associated with the Workers’ Compensation Court of Existing Claims

trial judge and all three-judge en banc panel appeals adjudicated by

the CEC Division of the Court of Civil Appeals to implement

provisions provided for in this title.

E. The refund provisions of Sections 227 through 229 of Title

68 of the Oklahoma Statutes shall be applicable to any payments made

pursuant to this section.
Okla. Stat. tit. 85A, § 85A-97 — OK Code / Title 85A / Section 85A-97
Self-insurance Guaranty Fund
Status: in_force

A. The Self-insurance Guaranty Fund shall be for the purpose of

continuation of workers' compensation benefits due and unpaid or

interrupted due to the inability of a self-insurer to meet its

compensation obligations because its financial resources, security

deposit, guaranty agreements, surety agreements and excess insurance

Oklahoma Statutes - Title 85A. Workers' Compensation Page 115

are either inadequate or not immediately accessible for the payment

of benefits. Monies in the fund, including interest, are not

subject to appropriation and shall be expended to compensate

employees for eligible benefits for a compensable injury under the

Administrative Workers' Compensation Act, pay outstanding workers'

compensation obligations of the impaired self-insurer, and for all

claims for related administrative fees, operating costs of the Self-

insurance Guaranty Fund Board, attorney fees, and other costs

reasonably incurred by the Board in the performance of its duties.

B. Monies transferred pursuant to Section 99 of this title may

be expended by the Board to provide a credit against the assessment

required to be paid by each private self-insurer and group self-

insurer association pursuant to Section 98 of this title.

C. Expenditures from the fund shall be made on warrants issued

by the State Treasurer against claims as prescribed by law. The

fund shall be subject to audit in the same manner as state funds and

accounts, the cost for which shall be paid for from the fund.
Okla. Stat. tit. 85A, § 85A-5 — OK Code / Title 85A / Section 85A-5
Exclusive liability - Immunity
Status: in_force

A. The rights and remedies granted to an employee subject to

the provisions of the Administrative Workers’ Compensation Act shall

be exclusive of all other rights and remedies of the employee, his

or her legal representative, dependents, next of kin, or anyone else

claiming rights to recovery on behalf of the employee against the

employer, including a general contractor that provides workers’

compensation insurance coverage to a subcontractor pursuant to

Section 2 of this act, or any principal, officer, director,

employee, stockholder, partner, or prime contractor of the employer

on account of injury, illness, or death. Negligent acts of a co-

employee may not be imputed to the employer. No role, capacity, or

persona of any employer, principal, officer, director, employee, or

stockholder other than that existing in the role of employer of the

employee shall be relevant for consideration for purposes of the

Administrative Workers’ Compensation Act, and the remedies and

rights provided by the Administrative Workers’ Compensation Act to

an employee or other person claiming rights to recovery on behalf of

the employee shall be exclusive regardless of the multiple roles,

capacities, or personas the employer may be deemed to have.

B. Notwithstanding the date of the injury, illness, or death of

an employee, the provisions of subsection A of this section shall

not affect any provision in an executed contract that requires the

employer, or any principal, officer, director, stockholder, partner,

or prime contractor of the employer, to indemnify, defend, or hold

harmless another person or entity against liability for the injury,

illness, or death of an employee, including, but not limited to, the

ability or requirement to insure for such claims.

C. Exclusive remedy shall not apply if:

1. An employer fails to secure the payment of compensation due

to the employee as required by the Administrative Workers’

Compensation Act. An injured employee, or his or her legal

representative in case death results from the injury, may, at his or

her option, elect to claim compensation under the Administrative

Workers’ Compensation Act or to maintain a legal action in court for

damages on account of the injury or death; or

2. The injury was caused by an intentional tort committed by

the employer. An intentional tort shall exist only when the

employee is injured as a result of willful, deliberate, specific

intent of the employer to cause such injury. Allegations or proof

that the employer had knowledge that the injury was substantially

certain to result from the employer’s conduct shall not constitute

Oklahoma Statutes - Title 85A. Workers' Compensation Page 28

an intentional tort. The employee shall plead facts that show it is

at least as likely as it is not that the employer acted with the

purpose of injuring the employee. The issue of whether an act is an

intentional tort shall be a question of law.

D. The immunity from civil liability described in subsection A

of this section shall apply regardless of whether the injured

employee is denied compensation or deemed ineligible to receive

compensation under the Administrative Workers’ Compensation Act.

E. If an employer has failed to secure the payment of

compensation for his or her injured employee as provided for in the

Administrative Workers’ Compensation Act, an injured employee, or

his or her legal representative if death results from the injury,

may maintain an action in the district court for damages on account

of such injury.

F. Except as provided in Section 2 of this act, the immunity

created by the provisions of this section shall not extend to action

against another employer, or its employees, on the same job as the

injured or deceased worker where such other employer does not stand

in the position of an intermediate or principal employer to the

immediate employer of the injured or deceased worker.

G. Except as provided in Section 2 of this act, the immunity

created by the provisions of this section shall not extend to action

against another employer, or its employees, on the same job as the

injured or deceased worker even though such other employer may be

considered as standing in the position of a special master of a

loaned servant where such special master neither is the immediate

employer of the injured or deceased worker nor stands in the

position of an intermediate or principal employer to the immediate

employer of the injured or deceased worker.

H. This section shall not be construed to abrogate the loaned

servant doctrine in any respect other than that described in

subsection G of this section. Nothing in the Administrative

Workers’ Compensation Act shall be construed to relieve the employer

from any other penalty provided for in the Administrative Workers’

Compensation Act for failure to secure the payment of compensation

under the Administrative Workers’ Compensation Act.

I. For the purpose of extending the immunity of this section,

any architect, professional engineer, or land surveyor shall be

deemed an intermediate or principal employer for services performed

at or on the site of a construction project, but this immunity shall

not extend to the negligent preparation of design plans and

specifications.

J. If the employer has failed to secure the payment of

compensation as provided in the Administrative Workers’ Compensation

Act or in the case of an intentional tort, the injured employee or

his or her legal representative may maintain an action either before

Oklahoma Statutes - Title 85A. Workers' Compensation Page 29

the Oklahoma Workers’ Compensation Commission or in the district

court, but not both.
Okla. Stat. tit. 85A, § 85A-44 — OK Code / Title 85A / Section 85A-44
Reduction of benefits
Status: in_force

A. Any benefits payable to an injured employee under this act

shall be reduced in an amount equal to, dollar-for-dollar, the

amount of benefits the injured employee has previously received for

the same medical services or period of disability, whether those

benefits were paid under a group health care service plan, a group

disability policy, a group loss of income policy, a group accident,

health, or accident and health policy, a self-insured employee

health or welfare benefit plan, or a group hospital or medical

Oklahoma Statutes - Title 85A. Workers' Compensation Page 71

service contract; provided, however, such reduction does not apply

to any benefit received from a group policy for disability if the

injured employee has paid for the policy.

B. The claimant shall be required to disclose in a manner to be

determined by the Commission the identity, address, or phone number

of any person or entity which has paid benefits described in this

section in connection with any claim under this act.
Okla. Stat. tit. 85A, § 85A-72 — OK Code / Title 85A / Section 85A-72
Conduct of Hearing or Inquiry - Public hearings -
Status: in_force

Evidence.

A. Conduct of Hearing or Inquiry.

1. In making an investigation or inquiry or conducting a

hearing, the administrative law judges and the Commission shall not

be bound by technical or statutory rules of evidence or by technical

or formal rules of procedure, except as provided by this act. The

administrative law judges and the Commission may make such

investigation or inquiry, or conduct the hearing, in a manner as

shall best ascertain the rights of the parties.

2. Declarations of a deceased employee concerning the injury

may be received in evidence and may, if corroborated by other

evidence, be sufficient to establish the injury.

3. When deciding any issue, administrative law judges and the

Commission shall determine, on the basis of the record as a whole,

whether the party having the burden of proof on the issue has

established the proof by a preponderance of evidence.

4. Administrative law judges are required to make specific, on-

the-record findings of ultimate facts responsive to the issues

shaped by the evidence as well as conclusions of law on which its

judgment is to be rested.

B. Hearings to be Public - Records.

1. a. Hearings before the Commission shall be open to the

public and shall be stenographically reported. The

Commission is authorized to contract for the reporting

of the hearings.

b. The Commission shall, by rule, provide for the

preparation of a record of all hearings and other

proceedings before it.

2. The Commission shall not be required to stenographically

report or prepare a record of joint petition hearings. The

administrative law judge or legal advisor shall record the hearing

at no cost to the parties.

C. Introduction of Evidence.

1. All oral evidence or documentary evidence shall be presented

to the designated representative of the Commission at the initial

hearing on a controverted claim. The oral evidence shall be

stenographically reported. Each party shall present all evidence at

the initial hearing. Further hearings for the purpose of

introducing additional evidence shall be granted only at the

discretion of the hearing officer or Commission. A request for a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 103

hearing for the introduction of additional evidence shall show the

substance of the evidence desired to be presented.

2. a. Any party proposing to introduce medical reports or

testimony of physicians at the hearing of a

controverted claim shall, as a condition precedent to

the right to do so, furnish to the opposing party and

to the Commission copies of the written reports of the

physicians of their findings and opinions at least

seven (7) days before the date of the hearing. If no

written reports are available to a party, the party

shall notify in writing the opposing party and the

Commission of the name and address of the physicians

proposed to be used as witnesses and the substance of

their testimony at least seven (7) days before the

hearing.

b. If the opposing party desires to cross-examine the

physician, he or she should notify the party who

submits a medical report to him or her as soon as

practicable, in order that he or she may make every

effort to have the physician present for the hearing.

3. A party failing to observe the requirements of this

subsection may not be allowed to introduce medical reports or

testimony of physicians at a hearing, except in the discretion of

the hearing officer or the Commission.

4. The time periods may be waived by the consent of the

parties.

D. Expert testimony shall not be allowed unless it satisfies

the requirements of Federal Rule of Evidence 702 with annotations

and amendments.
Okla. Stat. tit. 85A, § 85A-311 — OK Code / Title 85A / Section 85A-311
Method of appointing arbitrator
Status: in_force

A. If the parties to an arbitration agreement agree on a method

for appointing an arbitrator, that method shall be followed, unless

the method fails. If the parties have not agreed on a method, the

agreed method fails, or an arbitrator appointed fails or is unable

to act and a successor has not been appointed, the Commission, on

motion of a party to the arbitration proceeding, shall appoint the

arbitrator. An arbitrator appointed by the Commission has all the

powers of an arbitrator designated by the arbitration agreement.

B. An individual who has a known, direct, and material interest

in the outcome of the arbitration proceeding, or a known, existing,

and substantial relationship with a party to the arbitration

proceeding, may not serve as an arbitrator unless agreed to in

writing by the parties.
Okla. Stat. tit. 85A, § 85A-305 — OK Code / Title 85A / Section 85A-305
Application for judicial relief
Status: in_force

A. Except as otherwise provided in Section 107 of this title,

an application for judicial relief under this act shall be made by

application and motion to the Workers' Compensation Commission and

heard in the manner provided by law or rule of the Commission for

making and hearing motions.

B. Unless a civil action involving the agreement to arbitrate

is pending, notice of an initial application and motion to the

Commission under this act shall be served in the manner provided by

law for the service of a summons in the filing of a civil action.

Otherwise, notice of the motion shall be given in the manner

provided by law or rule of court for serving motions in pending

cases.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 142
Okla. Stat. tit. 85A, § 85A-326 — OK Code / Title 85A / Section 85A-326
Exclusive jurisdiction
Status: in_force

The Commission has exclusive jurisdiction to enforce and enter

judgment confirming, vacating, correcting or modifying an award

under this act.
Okla. Stat. tit. 85A, § 85A-3 — OK Code / Title 85A / Section 85A-3
Applicability of act
Status: in_force

A. Every employer and every employee, unless otherwise

specifically provided in this act, shall be subject and bound to the

provisions of the Administrative Workers' Compensation Act and every

Oklahoma Statutes - Title 85A. Workers' Compensation Page 26

employer shall pay or provide benefits according to the provisions

of this act for the accidental injury or death of an employee

arising out of and in the course of his or her employment, without

regard to fault for such injury, if the employee's contract of

employment was made or if the injury occurred within this state. If

an employee makes a claim for an injury in another jurisdiction, the

employee is precluded from his or her right of action under the

Administrative Workers' Compensation Act unless the Workers'

Compensation Commission determines that there is a change in

circumstances that creates a good cause to bring the claim under the

Administrative Workers' Compensation Act; provided, however, that

the employee may not receive duplicate benefits to those received in

the foreign jurisdiction and the employee's right to bring a claim

under this act shall be subject to the limitations period for

bringing a claim pursuant to paragraph 1 of subsection A of Section

69 of this title. Nothing in this act shall be construed to

conflict with any valid Act of Congress governing the liability of

employers for injuries received by their employees.

B. The State of Oklahoma accepts the provisions of the Acts of

Congress designated as 40 U.S.C., Section 3172, formerly 40 U.S.C.,

Section 290, and hereby extends the territorial jurisdiction of the

Administrative Workers' Compensation Act of this state to all lands

and premises within the exterior boundaries of this state which the

Government of the United States of America owns or holds by deed or

act of cession, and to all purchases, projects, buildings,

constructions, improvements and property within the exterior

boundaries of this state belonging to the Government of the United

States of America, in the same manner and to the same extent as if

the premises were under the exclusive jurisdiction of this state,

subject only to the limitations placed thereon by the Acts of

Congress.

C. The Administrative Workers' Compensation Act shall apply

only to claims for injuries and death based on accidents which occur

on or after February 1, 2014.

D. The Workers' Compensation Code in effect before February 1,

2014, shall govern all rights in respect to claims for injuries and

death based on accidents occurring before February 1, 2014.
Okla. Stat. tit. 85A, § 85A-56 — OK Code / Title 85A / Section 85A-56
Certified workplace medical plans
Status: in_force

A. If the employer has previously contracted with a certified

workplace medical plan, the employer shall select for the injured

employee a treating physician or chiropractor from the physicians or

chiropractors listed within the network of the certified workplace

medical plan. The employee may apply for a change of physician or

chiropractor by utilizing the dispute resolution process set out in

the certified workplace medical plan on file with the State

Department of Health.

B. If the employer is not covered by a certified workplace

medical plan, the employer shall select the treating physician or

chiropractor. The Commission on application of the employee shall

order one change of treating physician or chiropractor. Upon the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 88

Commission's granting of the application, the employer shall provide

a list of three physicians, one of which may be a chiropractor, from

whom the employee may select the replacement.
Okla. Stat. tit. 85A, § 85A-4 — OK Code / Title 85A / Section 85A-4
Severability
Status: in_force

A. If any part of this act be decided by the courts to be

unconstitutional or invalid, the same shall not affect the validity

of this act as a whole, or any part thereof other than the part so

decided to be unconstitutional or invalid.

B. If the adjudication of unconstitutionality has the effect of

invalidating any payment of compensation under this act, the amount

Oklahoma Statutes - Title 85A. Workers' Compensation Page 27

of any compensation paid under this act on account of the injury

shall be deducted from the amount of damages awarded in the action

in respect to the injury.
Okla. Stat. tit. 85A, § 85A-125 — OK Code / Title 85A / Section 85A-125
Computation of time
Status: in_force

The time within which an act is to be done, as provided for in

this act, shall be computed by excluding the first day and including

the last day. If the last day is a legal holiday as defined by

Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be

excluded.
Okla. Stat. tit. 85A, § 85A-321 — OK Code / Title 85A / Section 85A-321
Benefits - Attorney fees
Status: in_force

A. An arbitrator may award benefits set forth in Sections 45,

46, 47 and 51 of this title.

B. An arbitrator may award reasonable attorney fees and other

reasonable expenses of arbitration if the arbitrator finds that a

party was not acting in good faith throughout the arbitration.

C. As to all remedies other than those authorized by

subsections A and B of this section, an arbitrator may order such

remedies as the arbitrator considers just and appropriate under the

circumstances of the arbitration proceeding. The fact that such a

remedy could not or would not be granted by the Workers'

Compensation Commission is not a ground for refusing to confirm an

award under Section 322 of this title or for vacating an award under

Section 323 of this title.

D. An arbitrator's expenses and fees, together with other

expenses, shall be paid by the employer.

E. If an arbitrator awards relief under subsection A of this

section, the arbitrator shall specify in the award the basis in fact

justifying and the basis in law authorizing the award.
Okla. Stat. tit. 85, § 85-380 — OK Code / Title 85 / Section 85-380
Renumbered as § 85.70 of Title 74 by Laws 2024, c. 256, §
Status: in_force

3, eff. July 1, 2024.
Okla. Stat. tit. 85A, § 85A-103 — OK Code / Title 85A / Section 85A-103
Associations pooling liability
Status: in_force

The Workers' Compensation Commission shall adopt rules

permitting two or more group self-insurance associations to pool

their liabilities under this act for the purpose of providing such

group self-insurance associations specific and aggregate excess

insurance.
Okla. Stat. tit. 85A, § 85A-79 — OK Code / Title 85A / Section 85A-79
Failure to comply with final compensation judgement
Status: in_force

If any employer fails to comply with a final compensation

judgment or award, any beneficiary of the judgment or award, or the

Commission, may file a certified copy of the judgment or award in

the office of the district court clerk of any county in this state

where any property of the employer may be found. At that time, the

district court clerk shall enter the judgment or award in the

judgment record of the county, and the judgment or award so recorded

shall be a judgment and lien as are judgments of the district court,

and enforceable as such.
Okla. Stat. tit. 85A, § 85A-108 — OK Code / Title 85A / Section 85A-108
Dismissal of claims
Status: in_force

Any claimant may, upon the payment of the Workers' Compensation

Commission's filing fee, dismiss any claim brought by the claimant

at any time before final submission of the case to the Commission

for decision. Such dismissal shall be without prejudice unless the

words "with prejudice" are included in the order. If any claim that

is filed within the statutory time permitted by Section 18 of this

act is dismissed without prejudice, a new claim may be filed within

one (1) year after the entry of the order dismissing the first claim

even if the statutory time for filing has expired.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 123
Okla. Stat. tit. 85A, § 85A-109 — OK Code / Title 85A / Section 85A-109
Workers' compensation counselor or ombudsmen program
Status: in_force

A. The Workers' Compensation Commission shall establish a

workers' compensation counselor or ombudsman program to assist

injured workers, employers and persons claiming death benefits in

obtaining benefits under this act. A special effort shall be made

to equip counselors or ombudsmen with sufficient resources to assist

injured workers through the system without the necessity of

retaining legal representation.

B. Workers' compensation counselors or ombudsmen shall provide

information to injured workers; investigate complaints; communicate

with employers, insurance carriers, self-insurers, and health care

providers; provide informational seminars and workshops on workers'

compensation for medical providers, insurance adjustors, and

employee and employer groups; and develop informational materials

for employees, employers and medical providers.

C. The Commission shall mail a notice to the injured worker

within ten (10) days of the filing of an Employer’s First Notice of

Injury. The notice shall advise the injured worker of the

availability of the services of the Commission's counselor or

ombudsman program and of the availability of mediation and other

forms of alternative dispute resolution to assist the injured

worker. The Commission shall provide additional information as the

Commission may determine necessary.

D. The Commission shall develop a program that provides for

annual training for own-risk employers and claims representatives

handling workers’ compensation claims in Oklahoma. The training

shall include information about the alternative dispute resolution

program, including counselor and ombudsman programs, mediation, and

other services provided by the Commission.
Okla. Stat. tit. 85A, § 85A-86 — OK Code / Title 85A / Section 85A-86
Controversion of employee's right to claim compensation
Status: in_force

A. 1. Each employer desiring to controvert an employee's right

to compensation may file with the Workers' Compensation Commission

on or before the fifteenth day following notice of the alleged

injury or death a statement on a form prescribed by the Commission

Oklahoma Statutes - Title 85A. Workers' Compensation Page 110

that the right to compensation is controverted and the grounds for

the controversion, the names of the claimant, employer, and carrier,

if any, and the date and place of the alleged injury or death.

2. Failure to file the statement of controversion shall not

preclude the employer's ability to controvert the claim or cause it

to waive any defenses. The employer can make additional defenses

not included in the initial notice at any time.

B. If an employer is unable to obtain sufficient medical

information as to the alleged injury or death within fifteen (15)

days following receipt of notice, although the employer has acted in

good faith and with all due diligence, the employer may apply in

writing for an extension of time for making payment of the first

installment or controverting the claim. This written application is

to be postmarked within the fifteen-day period. The Commission may,

in its discretion, grant the extension and fix the additional time

to be allowed. Filing of application for an extension shall not be

deemed to be a controversion of the claim.

C. The provisions in subsection B of this section shall not

apply in cases where the physician is an employee of, on retainer

with, or has a written contract to provide medical services for the

employer.
Okla. Stat. tit. 85A, § 85A-96 — OK Code / Title 85A / Section 85A-96
Self-insurance Guaranty Fund Board
Status: in_force

A. The Self-insurance Guaranty Fund shall be administered,

supervised and protected by the Self-insurance Guaranty Fund Board.

All self-insurers under the Administrative Workers' Compensation Act

shall participate in the fund as a condition of authority to self-

insure in this state, except public employers that self-insure

pursuant to Section 107 of this title.

B. 1. The Self-insurance Guaranty Fund Board shall consist of

five (5) members to be appointed as follows:

a. the Governor shall appoint two members, one of whom

shall represent an approved group self-insurance

association authorized to self-insure pursuant to

Section 38 or Section 102 of this title,

b. the President Pro Tempore of the Senate shall appoint

one member who shall be an attorney licensed in this

state who is engaged in the primary practice of

workers' compensation law,

c. the Speaker of the House of Representatives shall

appoint one member who represents a private self-

insurer, and

d. the Chair of the Oklahoma Workers' Compensation

Commission shall appoint one member who shall be a

licensed claims adjuster affiliated with either a

private self-insurer or an approved group self-

insurance association.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 114

2. Members of the Workers' Compensation Self-insurance Guaranty

Fund Board serving on January 31, 2014, shall constitute the initial

appointees to the Self-insurance Guaranty Fund Board created

pursuant to this section, with terms extended an additional two (2)

years beyond their original, respective expiration dates.

3. In the event of a vacancy, the appointing authority for the

position shall appoint a qualified successor to serve as the

appointee for the unexpired term of the member so replaced. The

term of office for the appointees shall be as follows:

a. the term of office for three positions, one each

appointed by the Governor, President Pro Tempore of

the Senate and Speaker of the House of

Representatives, shall expire on November 1, 2016, and

b. the term of office for two positions, one each

appointed by the Governor and the Chair of the

Commission, shall expire on November 1, 2015.

Thereafter, successor members shall be appointed for a three-

year term. Members may serve successive terms. Any person

appointed to fill a vacancy shall be appointed for the unexpired

portion of the term in the same manner as the original appointment.

4. The chair and vice-chair of the Board shall be elected by

the Board from among its members.

5. Members of the Board shall not receive compensation for

serving on the Board but shall be reimbursed from monies in the fund

for their necessary travel expenses incurred in the performance of

their duties in accordance with the State Travel Reimbursement Act.

C. Meetings of the Board shall be held at least quarterly. The

presence of a majority of the members constitutes a quorum. No

action shall be taken by the Board without the affirmative vote of

at least a majority of the members.

D. The Office of the Attorney General shall provide legal

counsel to assist the Board in the performance of its duties.

E. No member or personnel of the Self-insurance Guaranty Fund

Board, the Workers' Compensation commissioners or any employee of

the Workers' Compensation Commission shall be liable in a civil

proceeding for any act performed in good faith in the execution of

that person's powers or duties pursuant to Sections 96 through 100

of the Administrative Workers' Compensation Act.
Okla. Stat. tit. 85A, § 85A-52 — OK Code / Title 85A / Section 85A-52
Liability for non-compensable injury
Status: in_force

The employer shall not be liable for any of the payments for

medical services and supplies under this act if the Commission

determines that there was not a compensable injury.
Okla. Stat. tit. 85A, § 85A-106 — OK Code / Title 85A / Section 85A-106
Strict construction
Status: in_force

The provisions of the Administrative Workers' Compensation Act

shall be strictly construed by the Workers' Compensation Commission

and any appellate court reviewing a decision of the Workers'

Compensation Commission.
Okla. Stat. tit. 85A, § 85A-21 — OK Code / Title 85A / Section 85A-21
Officers - Quorum
Status: in_force

A. Commissioners shall be considered officers and shall take

the oath prescribed by the Oklahoma Constitution and the laws of

this state.

B. 1. A majority of the Workers' Compensation Commission shall

constitute a quorum for the transaction of business, and vacancies

shall not impair the right of the remaining commissioners to

exercise all the powers of the full Commission, so long as a

majority remains.

2. Any investigation, inquiry, or hearing which the Commission

is authorized to hold or undertake may be held or undertaken by or

before any one commissioner of the Commission, or appointee acting

for him or her, under authorization of the Commission.

C. The Commission shall have a seal for authentication of its

judgments, awards, and proceedings, on which shall be inscribed the

words: "Workers' Compensation Commission, State of Oklahoma".

D. Except with respect to the Commission's authority to hear

appeals of decisions from administrative law judges, any reference

in this title to the Commission's ability to hear and decide the

rights of interested parties under this title shall not prevent it

from delegating that responsibility to an administrative law judge.
Okla. Stat. tit. 85A, § 85A-325 — OK Code / Title 85A / Section 85A-325
Judgment entered by Commission
Status: in_force

A. On granting a motion to confirm or vacate an order, the

Commission shall enter a judgment in conformity therewith. The

judgment may be recorded, docketed and enforced as any other

judgment in its jurisdiction.

B. On application of a prevailing party, the Commission may

award reasonable attorney fees and other reasonable expenses of

litigation incurred in the proceeding.
Okla. Stat. tit. 85A, § 85A-11 — OK Code / Title 85A / Section 85A-11
Compensation of alien nonresidents
Status: in_force

Compensation to alien nonresidents of the United States or

Canada shall be the same in amount as provided for residents, except

that alien nonresident dependents in any foreign country shall be

limited to the surviving spouse or children or, if there is no

surviving spouse or children, to the surviving father or mother whom

the employee has supported, either wholly or in part, for the period

of one (1) year before the date of the injury.
Okla. Stat. tit. 85A, § 85A-2 — OK Code / Title 85A / Section 85A-2
See the following versions:
Status: in_force

OS 85A-2v1 (SB 95, Laws 2025, c. 67, § 1)

OS 85A-2v2 (SB 1076, Laws 2025, c. 135, § 1)
Okla. Stat. tit. 85A, § 85A-92 — OK Code / Title 85A / Section 85A-92
Notification of commission
Status: in_force

A. On making the first payment and on suspension of payment of

compensation, if required by the Workers' Compensation Commission,

the employer shall notify the Commission of that fact on a form

prescribed by the Commission.

B. 1. Within thirty (30) days after the final payment of

compensation has been made, the employer shall notify the Commission

with a form prescribed by the Commission. This form shall state

that the final payment has been made, the total amount of

compensation paid, the name of the employee and of any other person

to whom compensation has been paid, and the date of the injury or

death.

2. If the employer fails to notify the Commission within thirty

(30) days, the Commission may assess against the employer a civil

Oklahoma Statutes - Title 85A. Workers' Compensation Page 112

penalty in an amount not to exceed One Hundred Dollars ($100.00).

No penalty shall be assessed without notice to the employer and

giving the employer an opportunity to be heard by the Commission.
Okla. Stat. tit. 85A, § 85A-27 — OK Code / Title 85A / Section 85A-27
Jurisdiction - Duties and powers of administrative judges
Status: in_force

A. The Workers' Compensation Commission shall be vested with

jurisdiction over all claims filed pursuant to the Administrative

Workers' Compensation Act. All claims so filed shall be heard by

the administrative law judge sitting without a jury. The Commission

shall have full power and authority to determine all questions in

relation to claims for compensation under the provisions of the

Administrative Workers' Compensation Act. The Commission, upon

application of either party, shall order a hearing. Upon a hearing,

either party may present evidence and be represented by counsel.

Except as provided in this act, the decision of the administrative

law judge shall be final as to all questions of fact and law. The

decision of the administrative law judge shall be issued within

Oklahoma Statutes - Title 85A. Workers' Compensation Page 49

thirty (30) days following the submission of the case by the

parties. The power and jurisdiction of the Commission over each

case shall be continuing and it may, from time to time, make such

modifications or changes with respect to former findings or orders

relating thereto if, in its opinion, it may be justified.

B. In addition to the duties set forth in this section, the

administrative law judges shall have the following duties and

powers:

1. To hear and determine claims for compensation, to conduct

hearings and investigations, and to make such judgments, decisions,

and determinations as may be required by any rule or judgment of the

Commission;

2. To hear and determine challenges to an agreement to

arbitrate under the Workers' Compensation Arbitration Act; and

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

or imposed by the Commission or this act.
Okla. Stat. tit. 85A, § 85A-94 — OK Code / Title 85A / Section 85A-94
Incarcerated employees
Status: in_force

An employee who is incarcerated shall not be eligible to receive

temporary total disability benefits under this title. Any medical

benefits available to an incarcerated employee shall be limited by

other provisions of this title in the same manner as for all injured

employees.
Okla. Stat. tit. 85A, § 85A-95 — OK Code / Title 85A / Section 85A-95
Deductibles
Status: in_force

A. On approval by the Insurance Commissioner, and following the

adoption of such rules as the Insurance Commissioner deems

necessary, each insurer issuing a policy under this act shall offer,

as a part of the policy or as an optional endorsement to the policy,

deductibles optional to the policyholder for benefits payable under

this act. Deductible amounts offered shall be fully disclosed to

the prospective policyholder in writing. The policyholder

exercising the deductible option shall choose only one deductible

amount.

B. Optional deductibles shall be offered in each policy

insuring liability for workers' compensation that is issued,

delivered, issued for delivery, or renewed under this act on or

after approval by the Insurance Commissioner, unless an insured

employer and insurer agree to renegotiate a workers' compensation

policy in effect on that date so as to include a provision allowing

for a deductible.

C. If the policyholder exercises the option and chooses a

deductible, the insured employer shall be liable for the amount of

the deductible for benefits paid for each compensable claim of work

injury suffered by an employee. The insurer shall pay all or part

Oklahoma Statutes - Title 85A. Workers' Compensation Page 113

of the deductible amount, whichever is applicable to a compensable

claim, to the person or medical provider entitled to the benefits

conferred by this act and seek reimbursement from the insured

employer for the applicable deductible amount. The payment or

nonpayment of deductible amounts by the insured employer to the

insurer shall be treated under the policy insuring the liability for

workers' compensation in the same manner as payment or nonpayment of

premiums.

D. If the Insurance Commissioner determines it to be feasible,

and under such rules as he or she may adopt, premium reduction for

deductibles may be determined before the application of any

experience modification, premium surcharge, or premium discounts,

and, to the extent that an employer's experience rating or safety

record is based on benefits paid, money paid by the insured employer

under a deductible as provided in this section may not be included

as benefits paid so as to harm the experience rating of the

employer.

E. This section shall not apply to employers who are approved

to self-insure against liability for workers' compensation or group

self-insurance funds for workers' compensation.
Okla. Stat. tit. 85A, § 85A-25 — OK Code / Title 85A / Section 85A-25
Annual publication of aggregate information
Status: in_force

The Commission shall publish annually, on an aggregate basis,

information pertaining to the distribution of workers' compensation

insurance premiums, losses, expenses, and net income to be compiled

from reports required to be filed with the Insurance Commissioner or

any similar information required to be filed by the Insurance

Commissioner regarding workers' compensation insurance. The

Commission shall also publish in the annual report information

regarding aggregate workers' compensation benefit distribution to

claimants, medical providers, and attorneys, if available.
Okla. Stat. tit. 85A, § 85A-85 — OK Code / Title 85A / Section 85A-85
Clean claims
Status: in_force

Clean claims for services rendered under this act are payable

within thirty (30) days after receipt by the employer unless

disputed as to compensability or amount. "Clean claim" means a

claim that has no defect or impropriety, including a lack of any

required substantiating documentation, or particular circumstance

requiring special treatment that impedes prompt payment.
Okla. Stat. tit. 85A, § 85A-114 — OK Code / Title 85A / Section 85A-114
Prosthetic devices
Status: in_force

When a compensable injury results in the loss of one or more

eyes, teeth, or members of the body, or the replacement of a joint,

the employer shall furnish such prosthetic devices as may be

necessary as determined by the Workers' Compensation Commission in

the treatment and rehabilitation of the injured worker for the

lifetime of the worker. When a worker sustains a compensable

injury, arising out of and in the course of his or her employment,

which results in damage to a prosthetic device with which such

worker is equipped, the employer shall repair or replace such

device. Provided, that a subsequent injury to the part of the body

for which a prosthetic device is provided shall terminate the

obligation of the employer to provide such prosthetic device.
Okla. Stat. tit. 85A, § 85A-38 — OK Code / Title 85A / Section 85A-38
Securing compensation
Status: in_force

A. An employer shall secure compensation to employees under

this act in one of the following ways:

1. By insuring and keeping insured the payment of compensation

with any stock corporation, mutual association, or other concerns

authorized to transact the business of workers' compensation

insurance in this state. When an insurer issues a policy to provide

workers' compensation benefits under the provisions of this act, it

shall file a notice with the Workers' Compensation Commission

containing the name, address, and principal occupation of the

employer, the number, effective date, and expiration date of the

policy, and such other information as may be required by the

Commission. The notice shall be filed by the insurer within thirty

(30) days after the effective date of the policy. Any insurer who

does not file the notice required by this paragraph shall be subject

to a fine by the Commission of not more than One Thousand Dollars

($1,000.00);

2. By obtaining and keeping in force guaranty insurance with

any company authorized to do guaranty business in this state. Each

company that issues workers' compensation guaranty insurance shall

file a copy of the contract with the Commission within thirty (30)

days after the effective date of the contract. Any company that

does not file a copy of the contract as required by this paragraph

shall be subject to a fine by the Commission of not more than One

Thousand Dollars ($1,000.00);

3. By furnishing satisfactory proof to the Commission of the

employer's financial ability to pay the compensation. The

Commission, under rules adopted by the Commission, shall require any

employer that has:

a. less than one hundred employees or less than One

Million Dollars ($1,000,000.00) in net assets to:

(1) deposit with the Commission securities, an

irrevocable letter of credit or a surety bond

payable to the state, in an amount determined by

the Commission which shall be at least an average

of the yearly claims for the last three (3)

years, or

(2) provide proof of excess coverage with such terms

and conditions as is commensurate with their

ability to pay the benefits required by the

provisions of this act, and

b. one hundred or more employees and One Million Dollars

($1,000,000.00) or more in net assets to:

(1) secure a surety bond payable to the state, or an

irrevocable letter of credit, in an amount

determined by the Commission which shall be at

Oklahoma Statutes - Title 85A. Workers' Compensation Page 64

least an average of the yearly claims for the

last three (3) years, or

(2) provide proof of excess coverage with terms and

conditions that are commensurate with their

ability to pay the benefits required by the

provisions of this act;

4. By forming a group self-insurance association consisting of

two or more employers which shall have a common interest and which

shall have entered into an agreement to pool their liabilities under

the Administrative Workers' Compensation Act. Such agreement shall

be subject to rules of the Commission. Any employer, upon

application to become a member of a group self-insurance

association, shall file with the Commission a notice, in such form

as prescribed by the Commission, acknowledging that the employer

accepts joint and several liability. Upon approval by the

Commission of such application for membership, said member shall be

a qualified self-insured employer; or

5. By any other security as may be approved by the Commission

and the Insurance Department.

B. The Commission may waive the requirements of this section in

an amount which is commensurate with the ability of the employer to

pay the benefits required by the provisions of this act.

Irrevocable letters of credit required by this subsection shall

contain such terms as may be prescribed by the Commission and shall

be issued for the benefit of the state by a financial institution

whose deposits are insured by the Federal Deposit Insurance

Corporation.

C. An employer who does not fulfill the requirements of this

section is not relieved of the obligation to pay compensation under

this act. The security required under this section, including any

interest, shall be maintained by the Commission as provided in this

act until each claim for benefits is paid, settled, or lapses under

this act, and costs of administration of such claims are paid.

D. Failure on the part of any employer to secure the payment of

compensation provided in this act shall have the effect of enabling

the Commission to assert the rights of an injured employee against

the employer.

E. Any employer that knowingly provides false information to

the Commission for purposes of securing or maintaining a self-

insurance permit shall be guilty of a Class D3 felony offense and

subject to a maximum fine of Ten Thousand Dollars ($10,000.00).
Okla. Stat. tit. 85A, § 85A-101 — OK Code / Title 85A / Section 85A-101
Report on number of claims - Electronic data interchange
Status: in_force

A. On or before the first day of July each year, the Workers'

Compensation Commission shall prepare, make public and submit a

report for the prior calendar year to the Governor, the President

Pro Tempore of the Senate, the Speaker of the House of

Representatives, and each member of the Legislature, containing a

statement of the number of awards made and the causes of the

accidents leading to the injuries for which the awards were made,

total work load data of the administrative law judges, including a

detailed report of the work load and judgments written by each

judge, a detailed statement of the expenses of the Commission,

together with any other matter which the Commission deems proper to

report.

B. After public hearing and consultation with representatives

of employers, insurance carriers, and employees, the Commission

shall implement, with the assistance of the Insurance Commissioner,

an electronic data interchange (EDI) system that provides relevant

data concerning the Oklahoma workers' compensation system and the

delivery of benefits to injured workers on a timetable to be

reasonably determined by the Commission.

C. To assist the Commission in developing and implementing the

EDI system, there is hereby created the Oklahoma Workers'

Compensation Electronic Data Interchange Advisory Committee. The

Governor shall appoint five persons to serve as members of the

advisory committee, one of whom shall be selected by the Governor as

chair. The chair shall provide adequate notice of meetings of the

advisory committee and public hearings as required by law.
Okla. Stat. tit. 85A, § 85A-401.1 — OK Code / Title 85A / Section 85A-401.1
Workers' Compensation Court of Existing Claims
Status: in_force

Administrative Fund (CECAF).

There is hereby created in the State Treasury a revolving fund

for the Workers’ Compensation Court of Existing Claims (CEC) to be

designated the “Workers’ Compensation Court of Existing Claims

Administrative Fund (CECAF)”. The fund shall be a continuing fund,

not subject to fiscal year limitations, and shall consist of all

monies received by the CEC from revenues apportioned pursuant to

Section 122 of this title prior to the effective date of this act.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Administrative

Director of the Courts to fund the operations and all expenses

associated with the CEC trial judge and all three-judge en banc

panel appeals adjudicated by the CEC Division of the Court of Civil

Appeals and to administer the provisions of Titles 85 and 85A of the

Oklahoma Statutes. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

Oklahoma Statutes - Title 85A. Workers' Compensation Page 157

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 85A, § 85A-314 — OK Code / Title 85A / Section 85A-314
Immunity from civil liability
Status: in_force

A. Arbitrators and arbitration organizations providing services

under this act are immune from civil liability to the same extent as

a judge of a court of this state acting in a judicial capacity.

B. The immunity afforded by this section supplements any

immunity under other law.

C. The failure of an arbitrator to make a disclosure required

by Section 312 of this title shall not cause any loss of immunity

under this section.

D. An arbitrator or representative of an arbitration

organization is not competent to testify in a judicial,

administrative, or similar proceeding and may not be required to

Oklahoma Statutes - Title 85A. Workers' Compensation Page 146

produce records as to any statement, conduct, decision, or ruling

occurring during the arbitration proceeding, to the same extent as a

judge of a court of this state acting in a judicial capacity. This

subsection shall not apply to:

1. The extent necessary to determine the claim of an

arbitrator, arbitration organization, or representative of the

arbitration organization against a party to the arbitration

proceeding; or

2. A hearing on an application and motion to vacate an award

under paragraph 1 or 2 of subsection A of Section 323 of this title

if the movant establishes prima facie that a ground for vacating the

award exists.

E. If a person commences a civil action against an arbitrator,

arbitration organization, or representative of an arbitration

organization arising from the services of the arbitrator,

organization, or representative or if a person seeks to compel an

arbitrator or a representative of an arbitration organization to

testify or produce records in violation of subsection D of this

section, and the court decides that the arbitrator, arbitration

organization, or representative of an arbitration organization is

immune from civil liability or that the arbitrator or representative

of the organization is not competent to testify, the court shall

award to the arbitrator, organization, or representative reasonable

attorney fees and other reasonable expenses of litigation.
Okla. Stat. tit. 85A, § 85A-82 — OK Code / Title 85A / Section 85A-82
Claims for legal services
Status: in_force

A. 1. a. Each party shall be responsible for its legal services

and litigation expenses. Fees for legal services may

be reviewed by the Workers' Compensation Commission.

b. An attorney representing an injured employee may only

recover attorney fees up to ten percent (10%) of any

temporary total disability or temporary partial

disability compensation and twenty percent (20%) of

any permanent partial disability, permanent total

disability, or death compensation awarded to an

injured employee by the Commission from a controverted

claim. If the employer makes a written offer to

settle permanent partial disability, permanent total

disability, or death compensation and that offer is

rejected, the employee's attorney may not recover

attorney fees in excess of thirty percent (30%) of the

difference between the amount of any award and the

settlement offer.

(1) Attorney fees may not be collected for recovery

on noncontroverted claims.

(2) Attorney fees shall not be awarded on medical

benefits or services.

(3) The fee for legal services rendered by an

attorney representing an employee in connection

with a change of physician requested by the

injured employee, controverted by the employer,

and awarded by the Commission, shall be Two

Hundred Dollars ($200.00).

(4) Attorney fees may include not more than ten

percent (10%) of the value, or reasonable

estimate thereof, of vocational rehabilitation

services.

c. A "controverted claim" means that the employer or the

employer's insurance carrier has controverted whether

there has been a compensable injury or whether the

employee is entitled to temporary total disability,

temporary partial disability, permanent partial

disability, permanent total disability, or death

Oklahoma Statutes - Title 85A. Workers' Compensation Page 108

compensation. A request for a change in physician

shall not trigger a controverted claim for purposes of

recovering any attorney fees except the fees under

division 3 of subparagraph b of this paragraph. A

controverted claim shall not exist if the employee or

his or her representative has withheld pertinent

information in his or her possession related to the

claim from the employer or has violated the provisions

of Section 6 of this title.

2. In any case where attorney fees are allowed by the

Commission, the limitations expressed in subparagraph b of paragraph

1 of this subsection shall apply.

3. Medical providers may voluntarily contract with the attorney

for the employee to recover disputed charges, and the attorney may

charge a reasonable fee for the cost of collection.

B. An attorney representing an employee under this act may not

recover fees for services except as expressly provided in this

section.
Okla. Stat. tit. 85A, § 85A-309 — OK Code / Title 85A / Section 85A-309
Initiation of arbitration
Status: in_force

A. A person shall initiate an arbitration proceeding by giving

written notice to the Commission and the other parties to the

arbitration agreement. Notice shall be served on the parties in the

manner prescribed by the arbitration agreement, or, if the

arbitration agreement does not address the method of notice, then by

the service of process for civil actions provided under Title 12 of

the Oklahoma Statutes.

B. Notice of an arbitration proceeding shall contain:

1. The general nature of the controversy;

2. The remedy and alleged damages sought; and

3. A copy of the arbitration agreement governing the

controversy.

C. An objection to the sufficiency of notice shall be made to

the Commission before the initial hearing with the appointed

arbitrator.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 144
Okla. Stat. tit. 85A, § 85A-18 — OK Code / Title 85A / Section 85A-18
Notice to health care providers - Collection of fees
Status: in_force

A. No hospital, physician, or other health care provider shall

bill or attempt to collect any fee or any portion of a fee for

services rendered to an employee due to a work-related injury or

report to any credit-reporting agency any failure of the employee to

make the payment, when a claim for compensation has been filed under

this act and the hospital, physician, or health care provider has

received actual notice given in writing by the employee or the

employee's representative. Actual notice shall be deemed received

by the hospital, physician, or health care provider five (5) days

after mailing by certified mail or sending by facsimile, electronic

mail or other electronic means with receipt of confirmation by the

employee or his or her representative to the hospital, physician, or

health care provider.

B. The notice shall include:

1. The name of the employer;

2. The name of the insurer, if known;

3. The name of the employee receiving the services;

4. The general nature of the injury, if known; and

5. Where a claim has been filed, the claim number, if known.

C. When an injury or bill is found to be noncompensable under

this act, the hospital, physician, or other health care provider

shall be entitled to pursue the employee for any unpaid portion of

the fee or other charges for authorized services provided to the

employee. Any applicable statute of limitations for an action for

the fees or other charges shall be tolled from the time notice is

given to the hospital, physician, or other health care provider

until a determination of noncompensability in regard to the injury

which is the basis of the services is made, or if there is an

appeal, until a final determination of noncompensability is rendered

and all appeal deadlines have passed.

D. This section shall not void, modify, or amend any other

section or subsection of this act.

E. An order by the Workers' Compensation Commission under this

section shall stay all proceedings for collection.
Okla. Stat. tit. 85A, § 85A-17 — OK Code / Title 85A / Section 85A-17
Physician Advisory Committee
Status: in_force

A. There is hereby created a Physician Advisory Committee

comprised of nine (9) members to be appointed as follows:

Oklahoma Statutes - Title 85A. Workers' Compensation Page 40

1. The Governor shall appoint three members, one of whom shall

be licensed in this state as a doctor of medicine and surgery, one

of whom shall be engaged in the practice of family medicine in a

rural community of the state, and one of whom shall be an

osteopathic physician;

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

members, one of whom shall be licensed in this state as a doctor of

medicine and orthopedic surgery, one of whom shall be licensed in

this state either as a doctor of medicine or a doctor of osteopathy

and a neurosurgeon, and one of whom shall be licensed in this state

as a podiatric physician; and

3. The Speaker of the House of Representatives shall appoint

three members, one of whom shall be licensed in this state as an

osteopathic physician, one of whom shall be licensed in this state

either as a doctor of medicine or a doctor of osteopathy and shall

be engaged in the practice of occupational medicine, and one of whom

shall be licensed in this state as a chiropractic physician.

Any member serving on the effective date of this section shall

serve the remainder of his or her term. Thereafter, each position

will be filled by the appointing official for a term of three (3)

years. Members shall be subject to reappointment, with any new

appointee to serve out the remainder of the unexpired term of the

Committee member so replaced.

B. The Committee shall:

1. Assist and advise the Workers’ Compensation Commission

regarding utilization review as it relates to the medical practice

and treatment of work-related injuries. Such utilization review

shall include a review of reasonable and necessary medical

treatment; abusive practices; needless treatments, testing, or

procedures; or a pattern of billing in excess of or in violation of

the Schedule of Medical Fees. The Physician Advisory Committee

shall review and make findings and recommendations to the Commission

with respect to charges of inappropriate or unnecessary treatment or

procedures, abusive practices, or excessive billing disclosed

through utilization review;

2. Assist the Commission in reviewing medical practices of

health care providers, including evaluations of permanent disability

provided by health care providers. The Committee shall review and

make findings and recommendations to the Commission with respect to

charges of abusive practices by health care providers providing

medical services or evaluations of permanent partial disability

through the workers’ compensation system;

3. After public hearing, review and make recommendations for

acceptable deviations from the American Medical Association’s

“Guides to the Evaluation of Permanent Impairment”;

4. After public hearing, adopt Physician Advisory Committee

Guidelines (PACG) and protocols for only medical treatment not

Oklahoma Statutes - Title 85A. Workers' Compensation Page 41

addressed by the latest edition of the Official Disability

Guidelines;

5. After public hearing, adopt Physician Advisory Committee

Guidelines for the prescription and dispensing of any controlled

substance included in Schedule II of the Uniform Controlled

Dangerous Substances Act if not addressed by the current edition of

the Official Disability Guidelines;

6. Review utilization on cases or of providers when requested

by any employer, injured employee or insurer. The Committee may

issue a public or private censure to any provider for utilization

which is excessive or inadequate, or recommend the Commission order

treatment within the treatment guidelines;

7. Provide general recommendations to the Commission on the

issues of injury causation and apportionment;

8. Conduct educational seminars for the Commission, employers,

employees, and other interested parties;

9. Assist the Commission in accessing medical information from

scientific literature; and

10. Report its progress annually to the Governor, the President

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

Representatives.

C. The Commission shall recognize the latest edition of the

Official Disability Guidelines as the primary standard of reference,

at the time of treatment, in determining the frequency and extent of

services presumed to be medically necessary and appropriate for

compensable injuries under this act, or in resolving such matters in

the event a dispute arises.

D. Members of the Physician Advisory Committee shall receive no

compensation for serving on the Committee but shall be reimbursed by

the Commission for their necessary travel expenses incurred in the

performance of their duties in accordance with the State Travel

Reimbursement Act.

E. Meetings of the Physician Advisory Committee shall be called

by the Commission but held at least quarterly. The presence of a

majority of the members shall constitute a quorum. No action shall

be taken by the Physician Advisory Committee without the affirmative

vote of at least a majority of the members.

F. The Commission shall provide office supplies and personnel

of the Commission to assist the Committee in the performance of its

duties.

G. Upon written request, the Insurance Commissioner, CompSource

Mutual Insurance Company, and every approved self-insured employer

in Oklahoma shall provide the Committee with data necessary to the

performance of its duties.

H. Any health care provider acting in good faith and within the

scope of the provider’s duties as a member of the Physician Advisory

Committee shall be immune from civil liability for making any report

Oklahoma Statutes - Title 85A. Workers' Compensation Page 42

or other information available to the judges of the Commission or to

the Commission or for assisting in the origination, investigation,

or preparation of the report or other information so provided.
Okla. Stat. tit. 85A, § 85A-71 — OK Code / Title 85A / Section 85A-71
Notice - Investigation and hearing - Evidence and
Status: in_force

construction.

A. Notice. Within ten (10) days after a claim for compensation

has been filed, the Workers' Compensation Commission shall notify

the employer and any other interested person of the filing of the

claim.

B. Hearing.

1. The Commission shall assign the claim to an administrative

law judge who shall hold a hearing on application of any interested

party, or on its own motion.

2. An application for a hearing shall clearly set forth the

specific issues of fact or law in controversy and the contentions of

the party applying for the hearing.

3. If any party is not represented by a lawyer, the

administrative law judge shall define the issues to be heard.

4. If a hearing on the claim is ordered, the administrative law

judge shall give the claimant and other interested parties ten (10)

days' notice of the hearing served personally on the claimant and

other parties, or by registered mail, facsimile, electronic mail or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 101

by other electronic means with receipt of confirmation. The hearing

may be held in any county of this state, as determined by the

Commission. No hearing or trial shall be continued absent

extraordinary circumstances as determined by the Commission.

5. The award, together with the statement of the findings of

fact and other matters pertinent to the issues, shall be filed with

the record of the proceedings, and a copy of the award shall

immediately be sent to the parties in or to counsels of record, if

any.

C. Evidence and Construction.

1. a. At the hearing the claimant and the employer may each

present evidence relating to the claim. Evidence may

be presented by any person authorized in writing for

such purpose. The evidence may include verified

medical reports which shall be accorded such weight as

may be warranted when considering all evidence in the

case.

b. Any determination of the existence or extent of

physical impairment shall be supported by objective

and measurable physical or mental findings.

2. When deciding any issue, administrative law judges and the

Commission shall determine, on the basis of the record as a whole,

whether the party having the burden of proof on the issue has

established it by a preponderance of the evidence.

3. Administrative law judges, the Commission, and any reviewing

courts shall strictly construe the provisions of this act.

4. In determining whether a party has met the burden of proof

on an issue, administrative law judges and the Commission shall

weigh the evidence impartially and without giving the benefit of the

doubt to any party.

D. Judgment. The judgment denying the claim or making the

award shall be filed in the office of the Commission, and a copy

shall be sent by registered mail, facsimile, electronic mail or by

other means with receipt of confirmation to the claimant and to the

employer or to their attorneys.

E. No compensation for disability of an injured employee shall

be payable for any period beyond his or her death; provided,

however, if an injured employee is awarded compensation for

permanent partial disability by final order and then dies, a revivor

action may be brought by the injured employee's spouse, minor child

or children under a disability as defined by Section 67 of this

title, but limited to the number of weeks of disability awarded to

the injured employee minus the number of weeks of benefits paid for

the permanent partial disability to the injured worker at the time

of the death of the injured employee. An award of compensation for

permanent partial disability may be made after the death of the

injured employee. Such revivor action may be brought only by the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 102

injured employee's spouse, minor child or children under a

disability as defined by Section 67 of this title.
Okla. Stat. tit. 85A, § 85A-36 — OK Code / Title 85A / Section 85A-36
Liability other than immediate employer
Status: in_force

A. If a subcontractor fails to secure compensation required by

the Administrative Workers' Compensation Act, the prime contractor

shall be liable for compensation to the employees of the

subcontractor unless there is an intermediate subcontractor who has

workers' compensation coverage.

B. 1. Any contractor or the contractor's insurance carrier who

shall become liable for the payment of compensation on account of

injury to or death of an employee of his or her subcontractor may

recover from the subcontractor the amount of the compensation paid

or for which liability is incurred.

2. The claim for the recovery shall constitute a lien against

any monies due or to become due to the subcontractor from the prime

contractor.

3. A claim for recovery shall not affect the right of the

injured employee or the dependents of the deceased employee to

recover compensation due from the prime contractor or his or her

insurance carrier.

C. 1. a. When a subcontractor elects not to secure compensation

and is not required to secure compensation pursuant to

this title, the prime contractor is not liable under

the Administrative Workers' Compensation Act for

injuries sustained by the subcontractor or any person

working with the subcontractor who is not considered

an employee of the subcontractor pursuant to Section 2

of this title, and if the injured person is not an

employee of the prime contractor.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 61

b. (1) If a subcontractor has filed with the Commission

an unexpired Affidavit of Exempt Status, the

subcontractor and any person who works with the

subcontractor but is not considered an employee

of the subcontractor pursuant to Section 2 of

this title shall be conclusively presumed not to

be covered by the law or to be employees of the

prime contractor during the term of the

affidavit.

(2) This provision shall not affect the rights or

coverage of any employee of a subcontractor.

2. The prime contractor's insurance carrier shall not be liable

for injuries to the subcontractor described in this section who have

filed an unexpired Affidavit of Exempt Status, and the carrier shall

not include compensation paid by the prime contractor to the

subcontractor described above in computing the insurance premium for

the prime contractor.

D. 1. Any individual or business entity that is not required

to secure compensation pursuant to the requirements of the

Administrative Workers' Compensation Act may execute an Affidavit of

Exempt Status. The "Affidavit of Exempt Status" shall be a form

prescribed by the Workers' Compensation Commission available on the

Commission's website. The Commission may assess a nonrefundable fee

not to exceed Fifty Dollars ($50.00) per individual or business

entity for filing of an Affidavit of Exempt Status at the

Commission. An Affidavit of Exempt Status executed and filed with

the Commission shall expire at midnight two (2) years from the date

filed. A new Affidavit of Exempt Status may be filed prior to

expiration to renew an existing Affidavit of Exempt Status.

2. a. Knowingly providing false information on an executed

affidavit shall constitute a misdemeanor punishable by

a fine not to exceed One Thousand Dollars ($1,000.00).

b. In the event changed circumstances make securing

compensation pursuant to the requirements of the

Administrative Workers' Compensation Act necessary,

the individual or business entity on whose behalf the

affidavit was executed shall execute and file a

Cancellation of Affidavit of Exempt Status. The

Commission shall prescribe a form for cancellation of

an affidavit which shall be available on the

Commission's website.

c. Affidavits shall conspicuously state on the front

thereof in at least ten-point, bold-faced print that

it is a crime to falsify information on the form.

d. The Commission shall immediately notify the Workers'

Compensation Fraud Unit in the Office of the Attorney

General of any violations or suspected violations of

Oklahoma Statutes - Title 85A. Workers' Compensation Page 62

this section. The Commission shall cooperate with the

Fraud Unit in any investigation involving affidavits

executed pursuant to this section.

The execution or filing of an affidavit shall not affect the

rights or coverage of any employee of the affiant or business entity

on whose behalf the affiant executes or files an affidavit.

3. Fees collected pursuant to this section shall be deposited

in the State Treasury to the credit of the Workers' Compensation

Commission Revolving Fund.

E. If work is performed by an independent contractor on a

single-family residential dwelling occupied by the owner, or the

premises of such dwelling, or for a farmer whose cash payroll for

wages, excluding supplies, materials and equipment, for the

preceding calendar year did not exceed One Hundred Thousand Dollars

($100,000.00), such owner or farmer shall not be liable for

compensation under the Administrative Workers' Compensation Act for

injuries to the independent contractor or his or her employees.

F. If an owner of a project or job enters a contract with a

contractor, and the owner of the project or job does not

substantively form an employment relationship with its contractor,

then the owner of the project or job shall not be liable for

compensation for a compensable injury to any contractor or

subcontractor in any tier or employee of any contractor or

subcontractor in any tier.
Okla. Stat. tit. 85A, § 85A-49 — OK Code / Title 85A / Section 85A-49
Temporary total disability and unemployment benefits
Status: in_force

Notwithstanding any other provision of this act, no compensation

for temporary total disability shall be payable to an injured

employee for any week for which the injured employee receives

unemployment insurance benefits under the laws of this state or the

unemployment insurance law of any other state. If a claim for

temporary total disability is controverted and later determined to

be compensable, temporary total disability shall be payable to an

injured employee for any week for which the injured employee

receives unemployment benefits but only to the extent that the

temporary total disability otherwise payable exceeds the

unemployment benefits.
Okla. Stat. tit. 85A, § 85A-306 — OK Code / Title 85A / Section 85A-306
Agreement to submit to arbitration
Status: in_force

A. A written agreement to submit any existing or subsequent

controversy arising between the parties to arbitration is valid,

enforceable, and irrevocable except on a ground that exists at law

or in equity for the revocation of a contract.

B. An arbitrator shall decide whether a condition precedent to

arbitration has been fulfilled and whether a contract containing a

valid agreement to arbitrate is enforceable.

C. If a party to a proceeding challenges the existence of, or

claims that a controversy is not subject to, an agreement to

arbitrate, the arbitration proceeding may continue pending final

resolution of the issue by the Commission, unless the Commission

otherwise orders.
Okla. Stat. tit. 85A, § 85A-62 — OK Code / Title 85A / Section 85A-62
Nonsurgical soft tissue injury
Status: in_force

A. Notwithstanding the provisions of Section 45 of this title,

if an employee suffers a nonsurgical soft tissue injury, temporary

total disability compensation shall not exceed eight (8) weeks,

regardless of the number of parts of the body to which there is a

nonsurgical soft tissue injury. An employee who is treated with an

injection or injections shall be entitled to an extension of an

additional eight (8) weeks. For purposes of this section, an

injection shall not include facet injections or intravenous

injections. An employee who has been recommended by a treating

physician for surgery for a soft tissue injury may petition the

Workers' Compensation Commission for one extension of temporary

total disability compensation and the Commission may order an

extension, not to exceed sixteen (16) additional weeks. If the

surgery is not performed within thirty (30) days of the approval of

the surgery by the employer, its insurance carrier, or an order of

the Commission authorizing the surgery, and the delay is caused by

the employee acting in bad faith, the benefits for the extension

period shall be terminated and the employee shall reimburse the

employer any temporary total disability compensation he or she

received beyond eight (8) weeks. An epidural steroid injection, or

any procedure of the same or similar physical invasiveness, shall

not be considered surgery.

B. For purposes of this section, "soft tissue injury" means

damage to one or more of the tissues that surround bones and joints.

Soft tissue injury includes, but is not limited to, sprains,

strains, contusions, tendonitis and muscle tears. Cumulative trauma

is to be considered a soft tissue injury unless corrective surgery

is necessary. Soft tissue injury does not include any of the

following:

Oklahoma Statutes - Title 85A. Workers' Compensation Page 91

1. Injury to or disease of the spine, spinal discs, spinal

nerves or spinal cord, where corrective surgery is performed;

2. Brain or closed-head injury as evidenced by:

a. sensory or motor disturbances,

b. communication disturbances,

c. complex integrated disturbances of cerebral function,

d. episodic neurological disorders, or

e. other brain and closed-head injury conditions at least

as severe in nature as any condition provided in

subparagraphs a through d of this paragraph; or

3. Any joint replacement.
Okla. Stat. tit. 85A, § 85A-307 — OK Code / Title 85A / Section 85A-307
Refusal to arbitrate
Status: in_force

A. On application and motion of a person showing an agreement

to arbitrate and alleging another person's refusal to arbitrate

under the agreement:

1. If the refusing party does not appear or does not oppose the

motion, the Workers' Compensation Commission shall order the parties

to arbitrate; and

2. If the refusing party opposes the motion, the Commission

shall proceed summarily to decide the issue and order the parties to

arbitrate unless it finds that there is no enforceable agreement to

arbitrate. The Commission may also assess costs against the party

opposing the motion if it concludes the opposition was not brought

in good faith to be deposited in the Workers' Compensation

Commission Revolving Fund created in Section 28.1 of this title.

B. On motion of a person alleging that an arbitration

proceeding has been initiated or threatened but that there is no

agreement to arbitrate, the Commission shall proceed summarily to

decide the issue. If the Commission finds that there is an

enforceable agreement to arbitrate, it shall order the parties to

arbitrate. The Commission may also assess costs against the party

opposing the motion if the Commission concludes the opposition was

not brought in good faith to be deposited in the Workers'

Compensation Fund created by the Administrative Workers'

Compensation Act.

C. If the Commission finds that the parties have not entered

into an enforceable arbitration agreement, the dispute shall be

resolved under the Administrative Workers' Compensation Act.

D. If an action is initiated in district court to determine

whether an enforceable arbitration agreement exists, on motion by

Oklahoma Statutes - Title 85A. Workers' Compensation Page 143

the responding party, that proceeding shall be transferred to the

Commission for determination.

E. If a party challenges the enforceability of an arbitration

agreement, the underlying claim, including all benefits, shall be

stayed until the Commission determines whether an enforceable

arbitration agreement exists.
Okla. Stat. tit. 85A, § 85A-112 — OK Code / Title 85A / Section 85A-112
Independent medical examiners
Status: in_force

A. The Workers' Compensation Commission shall create, maintain

and review a list of licensed physicians who shall serve as

independent medical examiners from a list of licensed physicians who

have completed such course study as the Commission may require. An

independent medical examiner must agree to examine an employee

within forty-five (45) days of appointment. The Commission shall,

to the best of its ability, include the most experienced and

competent physicians in the specific fields of expertise utilized

most often in the treatment of injured employees. The period of

qualification shall be two (2) years. Physicians may be qualified

for successive two-year periods. Physicians serving as independent

medical examiners on the effective date of this act shall serve the

remainder of their respective two-year qualification periods and may

reapply for successive qualification periods. The Commission may

remove an independent medical examiner from the list for cause.

B. An administrative law judge may appoint an independent

medical examiner to assist in determining any issue before the

Commission. In the event surgery is recommended by a treating

physician, upon request of the employer, an independent medical

examiner shall be appointed to determine the reasonableness and

necessity of the recommended surgery. Such independent medical

examiner shall be qualified to perform the type of surgery

recommended.

C. An independent medical examiner shall be selected from the

list of independent medical examiners within ten (10) days when the

employer or the employee petitions the Commission for the selection

of an independent medical examiner. The independent medical

examiner shall be certified by a recognized specialty board in the

area or areas appropriate to the condition under review.

D. The Commission shall, to the best of its ability, maintain a

geographic balance of independent medical examiners.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 127

E. Counsel for the employee and employer are responsible for

transmittal of the employee's medical records to the independent

medical examiner within ten (10) days of appointment.

F. After a physical examination and review of medical records

and other appropriate information, including depositions and

surveillance video, the independent medical examiner shall submit a

verified written report to the Commission and to the parties. In

the event the independent medical examiner determines that more

medical treatment is necessary, the employer shall designate a

treating physician to provide the indicated treatment.

G. Any independent medical examiner selected pursuant to the

provisions of this section shall be reimbursed for the medical

examination, reports and fees in a reasonable and customary amount

set by the Commission, and these costs shall be borne by the

employer.

H. The Commission shall create a review process to oversee on a

continuing basis the quality of performance and the timeliness of

the submission of medical findings by independent medical examiners.

I. If the Commission does not follow the opinion of the

independent medical examiner on any issue, the administrative law

judge or member of the Board of Review shall set out its reasons for

deviating from the opinion of the independent medical examiner. The

opinion of the independent medical examiner shall be followed unless

there is clear and convincing evidence to the contrary.

J. Upon receipt of an independent medical examiner's report,

any party shall have the right to object to the introduction of the

report into evidence. The objection must be made by giving written

notification to all parties and to the Commission within ten (10)

days after receipt of the report. The employer shall be responsible

for the reasonable charges of the physician for such testimony,

preparation time, and the expense of the deposition.
Okla. Stat. tit. 85A, § 85A-75 — OK Code / Title 85A / Section 85A-75
Depositions
Status: in_force

The Commission may cause depositions of witnesses to be taken in

such manner as it may direct.
Okla. Stat. tit. 85A, § 85A-43 — OK Code / Title 85A / Section 85A-43
Liability Unaffected - Subrogation
Status: in_force

A. Liability Unaffected.

1. a. The making of a claim for compensation against any

employer or carrier for the injury or death of an

employee shall not affect the right of the employee,

or his or her dependents, to make a claim or maintain

an action in court against any third party for the

injury.

b. The employer or the employer's carrier shall be

entitled to reasonable notice and opportunity to join

in the action.

c. If the employer or employer's carrier join in the

action against a third party for injury or death, they

shall be entitled to a first lien on two-thirds (2/3)

of the net proceeds recovered in the action that

remain after the payment of the reasonable costs of

collection, for the payment to them of the amount paid

and to be paid by them as compensation to the injured

employee or his or her dependents.

2. The commencement of an action by an employee or his or her

dependents against a third party for damages by reason of an injury

Oklahoma Statutes - Title 85A. Workers' Compensation Page 70

to which this act is applicable, or the adjustment of any claim,

shall not affect the rights of the injured employee or his or her

dependents to recover compensation, but any amount recovered by the

injured employee or his or her dependents from a third party shall

be applied as follows:

a. reasonable fees and costs of collection shall be

deducted,

b. the employer or carrier, as applicable, shall receive

two-thirds (2/3) of the remainder of the recovery or

the amount of the workers' compensation lien,

whichever is less, and

c. the remainder of the recovery shall go to the injured

employee or his or her dependents.

B. Subrogation.

1. An employer or carrier liable for compensation under this

act for the injury or death of an employee shall have the right to

maintain an action in tort against any third party responsible for

the injury or death. However, the employer or the carrier shall

notify the claimant in writing that the claimant has the right to

hire a private attorney to pursue any benefits to which the claimant

is entitled in addition to the subrogation interest against any

third party responsible for the injury or death.

2. After reasonable notice and opportunity to be represented in

the action has been given to the injured employee, the liability of

the third party to the compensation beneficiary shall be determined

in the action, as well as the third party's liability to the

employer and carrier.

3. If the employer recovers against the third party, by suit or

otherwise, the injured employee shall be entitled to any amount

recovered in excess of the amount that the employer and carrier have

paid or are liable for in compensation, after deducting reasonable

costs of collection.

4. An employer or carrier who is liable for compensation under

this act on account of injury or death of an employee shall be

entitled to maintain a third-party action against the employer's

uninsured motorist coverage or underinsured motorist coverage.
Okla. Stat. tit. 85A, § 85A-57 — OK Code / Title 85A / Section 85A-57
Failure to appear for scheduled appointments
Status: in_force

A. If an injured employee misses two or more scheduled

appointments for treatment, he or she shall no longer be eligible to

receive benefits under this act, unless his or her absence was:

1. Caused by extraordinary circumstances beyond the employee's

control as determined by the Commission; or

2. The employee gave the employer at least two (2) hours prior

notice of the absence and had a valid excuse.

B. Inability to get transportation to or from the appointment

shall not be considered extraordinary circumstances nor a valid

excuse for the absence.
Okla. Stat. tit. 85A, § 85A-66 — OK Code / Title 85A / Section 85A-66
Silicosis and asbestosis
Status: in_force

A. As used in this act, unless the context otherwise requires:

1. "Asbestosis" means the characteristic fibrotic condition of

the lungs caused by the inhalation of asbestos dust; and

2. "Silicosis" means the characteristic fibrotic condition of

the lungs caused by the inhalation of silica dust.

B. In the absence of a preponderance of the evidence in favor

of the claim, disability or death from silicosis or asbestosis shall

be presumed not to be due to the nature of any occupation within the

provision of this section unless during the ten (10) years

immediately preceding the date of disablement the employee has been

exposed to the inhalation of silica dust or asbestos dust over a

period of not less than five (5) years, two (2) years of which shall

have been in this state, under a contract of employment performed in

this state. However, if the employee has been employed by the same

employer during the entire five-year period, his or her right to

compensation against the employer shall not be affected by the fact

that he or she had been employed during any part of the period

outside of this state.

C. Except as otherwise provided in this section, compensation

for disability from uncomplicated silicosis or asbestosis shall be

payable in accordance with the provisions of Sections 45 and 48 of

this title.

D. 1. In case of disability or death from silicosis or

asbestosis complicated with tuberculosis of the lungs, compensation

shall be payable as for uncomplicated silicosis or asbestosis,

provided that the silicosis or asbestosis was an essential factor in

the causing of disability or death.

2. In case of disability or death from silicosis or asbestosis

complicated with any other disease, or from any other disease

complicated with silicosis or asbestosis, the compensation shall be

reduced as provided in subsection C of Section 65 of this title.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 98
Okla. Stat. tit. 85A, § 85A-28.1 — OK Code / Title 85A / Section 85A-28.1
Workers' Compensation Commission Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Workers' Compensation Commission to be designated the

"Workers' Compensation Commission Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the Workers' Compensation

Commission from the revenues apportioned pursuant to Section 122 of

Title 85A of the Oklahoma Statutes and such other sources as may be

provided by law. All monies accruing to the credit of said fund are

hereby appropriated and may be budgeted and expended by the Workers'

Compensation Commission for the purpose of funding the operations of

the Commission and administering the Administrative Workers'

Compensation Act and for any other purposes related to the

Administrative Workers' Compensation Act that the Commission deems

appropriate. Expenditures from said fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 85A, § 85A-301 — OK Code / Title 85A / Section 85A-301
Arbitration agreements
Status: in_force

All agreements to arbitrate claims for injuries covered by the

Administrative Workers' Compensation Act shall be valid and

enforceable in this state when:

1. The employer provides notice of the existence of an

agreement to arbitrate to both the employee and the employer's

workers' compensation insurance provider;

2. The employer files an alternative dispute resolution program

with the Workers' Compensation Commission, as defined in the

Administrative Workers' Compensation Act;

3. The employers’ Certified Medical Plan files an alternative

dispute resolution program with the Commission, as defined in the

Administrative Workers’ Compensation Act; or

4. The agreement is subject to the Federal Arbitration Act and

contains a provision that requires that, in addition to other

remedies, any party to the arbitration be given the opportunity to

appeal any decision on any issue of the arbitrator to the Workers'

Compensation Commission.
Okla. Stat. tit. 85A, § 85A-73 — OK Code / Title 85A / Section 85A-73
Preservation and enforcement of orders
Status: in_force

A. The Commission shall have the power to preserve and enforce

order during any proceeding before it, to issue subpoenas for and

administer oaths to and compel the attendance and testimony of

witnesses, and require the production of books, papers, documents,

and other evidence.

B. If any person or party attending any proceeding before the

Commission disobeys or resists any lawful order or process,

obstructs the hearing, neglects to produce any book, paper or

document after having been ordered to do so, refuses to appear after

having been subpoenaed, refuses to take oath as a witness, refuses

to be examined according to law, refuses to comply with any final

judgment of an administrative law judge or the Commission or

willfully refuses to pay an uncontroverted medical or related

expense within forty-five (45) days after the respondent has

received the statement, the person or party, at the discretion of

Oklahoma Statutes - Title 85A. Workers' Compensation Page 104

the administrative law judge or the Commission, may be found to be

in contempt of the Commission and may be subject to a fine not to

exceed Ten Thousand Dollars ($10,000.00).
Okla. Stat. tit. 85A, § 85A-83 — OK Code / Title 85A / Section 85A-83
Attorney signature
Status: in_force

A. 1. Every claim, request for benefits, controversion of

benefits, request for a hearing, pleading, motion, and other paper

of a party represented by an attorney shall be signed by at least

one attorney of record in his or her individual name, whose address

shall be stated. A party who is not represented by an attorney

shall sign his or her claim, request for benefits, request for

additional benefits, controversion of benefits, request for a

hearing, pleading, motion, or other paper, and state his or her

address.

2. The signature of an attorney or party constitutes a

certificate by him or her that:

a. he or she has read the claim, request for benefits,

request for additional benefits, controversion of

benefits, request for a hearing, pleading, motion, or

other paper,

b. to the best of his or her knowledge, information, and

belief formed after reasonable inquiry, it is well

grounded in fact and is warranted by existing law or a

good-faith argument for the extension, modification,

or reversal of existing law, and

c. it is not brought for any improper purpose, such as to

harass or to cause unnecessary delay or needless

increase in the cost of litigation.

3. If a claim, request for benefits, request for additional

benefits, controversion of benefits, request for a hearing,

Oklahoma Statutes - Title 85A. Workers' Compensation Page 109

pleading, motion, or other paper is not signed, it shall be stricken

unless it is signed promptly after the omission is called to the

attention of the pleader or movant.

4. If a claim, request for benefits, controversion of benefits,

request for a hearing, pleading, motion, or other paper is signed in

violation of this act, the Commission, including administrative law

judges, on motion or on their own initiative, shall impose on the

signatory, a represented party, or both, an appropriate sanction,

which may include a judgment to pay to the other party or parties

the amount of reasonable expenses incurred because of the filing of

a claim, request for benefits, request for additional benefits,

controversion of benefits, request for a hearing, pleading, motion,

or other paper, including a reasonable attorney fee.

B. Appropriate sanctions, including the amount of reasonable

expenses and attorney fees, may also be imposed against a party or

its attorney who, without good cause shown, fails to appear for a

hearing, deposition, or any other matter scheduled by the Commission

or administrative law judge, or who frivolously joins another party.
Okla. Stat. tit. 85A, § 85A-77 — OK Code / Title 85A / Section 85A-77
Employment of attorneys
Status: in_force

If the Commission is a party to or is otherwise interested in a

court proceeding under this act, it may employ attorneys to appear

on its behalf. If requested by the Commission, it shall be the duty

of the Attorney General or the prosecuting attorneys of the

different districts to represent the Commission without extra

compensation.
Okla. Stat. tit. 85A, § 85A-24 — OK Code / Title 85A / Section 85A-24
Administrative report
Status: in_force

On or before the first day of the regular session of the

Legislature, the Commission shall submit to the Governor and the

Legislature a report of the administration of this act for the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 48

preceding biennial period, together with such recommendations as the

Commission may deem advisable.
Okla. Stat. tit. 85A, § 85A-328 — OK Code / Title 85A / Section 85A-328
Selection of court
Status: in_force

An application and motion under judicial review of a judgment or

award entered by the Commission under this act shall be made in the

district court in the county in which the agreement to arbitrate

specifies the arbitration hearing is to be held or, if the hearing

has been held, in the court in the county in which it was held.

Otherwise, the motion may be made in the district court in the

county in which an adverse party resides or has a place of business

or, if no adverse party has a residence or place of business in this

state, in the district court located either in Oklahoma City or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 153

Tulsa. All subsequent motions shall be made in the court hearing

the initial motion unless the court otherwise directs.
Okla. Stat. tit. 85A, § 85A-88 — OK Code / Title 85A / Section 85A-88
Change of insurance carriers
Status: in_force

A. In any case where an employer changes insurance carriers or

where the employer having been self-insured, becomes insured or,

having been insured, is approved to be self-insured, and the only

dispute in a claim against that employer is the proper source of

payment of benefits, the Commission shall direct that the

appropriate compensation benefits be paid on an equal basis by the

carriers or self-insured employer.

B. Upon resolution of the issue, the prevailing respondent

shall be entitled to reimbursement from the other respondent of all

monies paid together with interest from the date of payment pursuant

to Section 727.1 of Title 12 of the Oklahoma Statutes.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 111
Okla. Stat. tit. 85A, § 85A-9 — OK Code / Title 85A / Section 85A-9
Agreements for employee to pay premium of employer
Status: in_force

No agreement by an employee to pay any portion of the premium

paid by his or her employer to a carrier or a benefit fund or

department maintained by the employer for the purpose of providing

compensation or medical services and supplies as required by this

act shall be valid. Any employer who makes a deduction for such

purposes from the pay of any employee entitled to the benefits of

this act shall be guilty of a misdemeanor.
Okla. Stat. tit. 85A, § 85A-7 — OK Code / Title 85A / Section 85A-7
Discrimination or retaliation
Status: in_force

A. An employer may not retaliate against an employee when the

employee has in good faith:

1. Filed a claim under this act;

2. Retained a lawyer for representation regarding a claim under

this act;

3. Instituted or caused to be instituted any proceeding under

the provisions of this act; or

4. Testified or is about to testify in any proceeding under the

provisions of this act.

B. The district courts shall have exclusive jurisdiction to

hear and decide claims based on this section.

C. An employer which violates any provision of this section

shall be liable in a district court action for reasonable damages,

actual and punitive if applicable, suffered by an employee as a

result of the violation. Exemplary or punitive damage awards made

pursuant to this section shall not exceed One Hundred Thousand

Dollars ($100,000.00). The employee shall have the burden of proof

by a preponderance of the evidence.

D. The prevailing party shall be entitled to recover costs and

a reasonable attorney fee.

E. No employer may discharge an employee during a period of

temporary total disability for the sole reason of being absent from

work or for the purpose of avoiding payment of temporary total

disability benefits to the injured employee.

F. Notwithstanding any other provision of this section, an

employer shall not be required to rehire or retain an employee who,

after temporary total disability has been exhausted, is determined

by a physician to be physically unable to perform his or her

assigned duties, or whose position is no longer available.

G. This section shall not be construed as establishing an

exception to the employment-at-will doctrine.

H. The remedies provided for in this section shall be exclusive

with respect to any claim arising out of the conduct described in

subsection A of this section.
Okla. Stat. tit. 85A, § 85A-26 — OK Code / Title 85A / Section 85A-26
Removal of commissioners
Status: in_force

The Governor may, at any time, remove any commissioner for

inefficiency, neglect of duty, or misconduct in office, giving him

or her in advance a copy of the charges preferred and an opportunity

to be heard by a three-person panel consisting of the Insurance

Commissioner, the Lieutenant Governor, and the State Treasurer on

not less than ten (10) days' notice. A representative of the

Attorney General's office shall attend the proceedings and on the

Governor's request shall advise or assist him or her in such

proceedings. Either party may procure the attendance and testimony

of witnesses as provided by the Code of Civil Procedure of this

state. If a commissioner is removed, the Governor shall file in the

office of the Secretary of State a complete statement of all charges

made against the commissioner and his or her findings, together with

a complete record of the proceeding and a transcript of the

testimony, which shall constitute a public record of the state.
Okla. Stat. tit. 85A, § 85A-70 — OK Code / Title 85A / Section 85A-70
Promulgation of rules
Status: in_force

The Commission is authorized and directed to promulgate rules to

establish and implement a preliminary conference procedure designed

to accomplish the following objectives:

1. To provide the claimant an opportunity to confer with a

legal advisor on the staff of the Commission to be advised of his or

her rights under this act and to ensure that the rights are

protected. The conference shall be held in the county where the

accident occurred, if the accident occurred in this state, unless

otherwise agreed to by the parties, or otherwise directed by the

Commission;

2. To provide an opportunity for, but not compel, a binding

settlement of some or all the issues present at the time;

3. To facilitate the resolution of issues without the expense

of litigation or attorney fees for either party; and

4. To authorize the legal advisor to approve compromise

settlements entered into while attending or as a result of the

preliminary conference and those joint petition settlements entered

into under Section 87 of this act. Provided, however, the same

legal advisors shall not both advise the claimant and approve the

joint petition.
Okla. Stat. tit. 85A, § 85A-48 — OK Code / Title 85A / Section 85A-48
Injury to minors
Status: in_force

When an injury or death is sustained by a minor employed in

violation of federal or state statutes relating to minimum ages for

employment of minors, disability or death benefits provided for by

this act shall be doubled; provided, however, such penalty shall not

apply when the minor misrepresents his or her age, in writing, to

the employer.
Okla. Stat. tit. 85A, § 85A-16 — OK Code / Title 85A / Section 85A-16
Official Disability Guidelines - Treatment in Workers
Status: in_force

Compensation.

A. The Official Disability Guidelines - Treatment in Workers

Compensation (ODG), published by the Work Loss Data Institute, is to

be recognized as the primary standard of reference, at the time of

treatment, in determining the frequency and extent of services

presumed to be medically necessary and appropriate for compensable

injuries under this act, or in resolving such matters in the event a

dispute arises. The medical treatment guidelines are not

requirements, nor are they mandates or standards; they provide

advice by identifying the care most likely to benefit injured

workers. The guidelines shall be evidence-based, scientifically

valid, outcome-focused, and designed to reduce excessive or

inappropriate medical care while safeguarding necessary medical

care.

B. Physicians providing care to an employee shall prescribe for

the employee any necessary prescription drugs and over-the-counter

alternatives to prescription medicine as clinically appropriate and

as recommended under the Official Disability Guidelines.

Prescriptions and nonprescription drugs that are not preferred,

exceed or are not addressed by ODG require preauthorization and the

preauthorization request shall include the prescribing doctor's drug

regimen plan of care and the anticipated dosage or range of dosages.
Okla. Stat. tit. 85A, § 85A-59 — OK Code / Title 85A / Section 85A-59
Computation of average weekly wages
Status: in_force

A. 1. Compensation under this act based on the employee's

average weekly wage shall be computed by dividing the employee's

gross earnings by the number of full weeks of employment with the

employer, up to a maximum of fifty-two (52) weeks.

2. If the injured employee was working on a piece basis, the

average weekly wage shall be determined by dividing the earnings of

the employee by the number of hours required to earn the wages

during the period not to exceed fifty-two (52) weeks preceding the

week in which the accident occurred and by multiplying this hourly

wage by the number of hours in a full-time workweek in the

employment.

B. Overtime earnings are to be added to the regular weekly

wages and shall be computed by dividing the overtime earnings by the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 89

number of weeks worked by the employee in the same employment under

the contract of hire in force at the time of the accident, not to

exceed a period of fifty-two (52) weeks preceding the accident.

C. If, because of exceptional circumstances, the average weekly

wage cannot be fairly and justly determined by the above formulas,

the Commission may determine the average weekly wage by a method

that is just and fair to all parties concerned.

D. The benefit level for members of the National Guard and any

authorized voluntary or uncompensated worker rendering services as a

firefighter, peace officer or civil defense worker shall be

determined by using the wages of the employee in his or her regular

occupation.
Okla. Stat. tit. 85A, § 85A-111 — OK Code / Title 85A / Section 85A-111
Commencement of benefit claim - Prehearing conference
Status: in_force

A. Any claim for any benefit under this act shall be commenced

with the filing of an Employee's First Notice of Claim for

Compensation by the employee with the Workers' Compensation

Commission. The claim shall contain a statement that all matters

stated therein are true and accurate and shall be signed by the

claimant and the claimant's agent, if any. Any person who signs

this statement or causes another to sign this statement knowing the

statement to be false shall be guilty of perjury. An individual who

signs on behalf of a claimant may be presumed to have the

authorization of the claimant and to be acting at the claimant's

direction.

B. If an employer controverts any issue related to the

Employee’s First Notice of Claim for Compensation, the employer

shall file a Notice of Contested Issues on a form prescribed by the

Commission. All answers and defenses to claims or other documents

filed on behalf of a respondent or the respondent's insurer in a

workers' compensation case shall contain a statement that all

matters stated therein are true and accurate and shall be signed by

the respondent, the insurer, or their respective agents, if any.

Any person who signs such a statement or causes another to sign such

a statement, knowing the statement to be false, shall be guilty of

perjury. An individual who signs on behalf of a respondent, its

Oklahoma Statutes - Title 85A. Workers' Compensation Page 126

insurer, or its agent may be presumed to have the authorization of

the respondent, its insurer or agent and to be acting at their

direction.

C. Any party shall have the right to request a prehearing

conference or administrative hearing before the Commission on any

issue. The Commission shall, within seven (7) days of the receipt

of such notification, set the matter for prehearing conference or

administrative hearing at the earliest available time. In the event

the compensability of a claim is contested, the respondent shall

complete discovery and secure a medical evaluation of the claimant

within sixty (60) days of the filing of a request for benefits.
Okla. Stat. tit. 85A, § 85A-105 — OK Code / Title 85A / Section 85A-105
Compensation Commission and Self-insurance Guaranty Fund
Status: in_force

employees as witnesses - Solicitation of employment - Ex-parte

communication.

A. No employee of the Workers' Compensation Commission shall be

competent to testify on any matter concerning any information the

employee has received through the performance of the employee's

duties under the provisions of the Administrative Workers'

Compensation Act; provided, however, such provision shall not be

construed to prohibit testimony by an attorney of the Compliance

Division of the Commission or an investigator of the Division called

to provide testimony by the attorney.

B. The commissioners and employees of the Commission shall not

solicit employment for any attorney or physician nor shall they

recommend or refer any claimant or employer to an attorney or

physician. If any employee of the Commission makes such a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 120

solicitation, recommendation or reference, that person, upon

conviction, shall be guilty of a misdemeanor punishable, for each

offense, by a fine of not more than One Thousand Dollars ($1,000.00)

or by imprisonment in the county jail not to exceed one (1) year, or

by both such fine and imprisonment. The Commission shall

immediately terminate the employment of any employee who is guilty

of such solicitation, recommendation or reference. A commissioner

guilty of such solicitation, recommendation or reference shall be

subject to removal from office.

C. No administrative law judge shall engage in any ex parte

communication with any party to an action pending before the

Commission or with any witness or medical provider regarding the

merits of a specific matter pending before the judge for resolution.

Any violation of this provision shall subject the judge to

disqualification from the action or matter upon presentation of an

application for disqualification.