reglab/housing_qa huggingface dataset:
85A OK Stat § 85A-89 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-89. Advance payments.

|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. |Added by Laws 2013, c. 208, § 89, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 34, emerg. eff. May 28, 2019.
85A OK Stat § 85A-90 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-90. Deposit or bond with commission.

|The Workers' Compensation Commission may require any employer to make a deposit or bond with the Commission to secure the prompt and convenient payment of compensation, and payments shall be made on judgment of the Commission. |Added by Laws 2013, c. 208, § 90, eff. Feb. 1, 2014.
85A OK Stat § 85A-91 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-91. Interest.

|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. |Added by Laws 2013, c. 208, § 91, eff. Feb. 1, 2014.
85A OK Stat § 85A-92 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-92. Notification of commission.

|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 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.Added by Laws 2013, c. 208, § 92, eff. Feb. 1, 2014.
85A OK Stat § 85A-93 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-93. Investigation.

|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. |Added by Laws 2013, c. 208, § 93, eff. Feb. 1, 2014.
85A OK Stat § 85A-94 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-94. Incarcerated employees.

|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. |Added by Laws 2013, c. 208, § 94, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 35, emerg. eff. May 28, 2019.
85A OK Stat § 85A-95 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-95. Deductibles.

|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 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.Added by Laws 2013, c. 208, § 95, eff. Feb. 1, 2014.
85A OK Stat § 85A-97 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-97. Self-insurance Guaranty Fund.

|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 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.Added by Laws 2013, c. 208, § 97, eff. Feb. 1, 2014. Amended by Laws 2014, c. 169, § 3, emerg. eff. April 25, 2014; Laws 2018, c. 182, § 1, eff. Nov. 1, 2018.
85A OK Stat § 85A-99 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-99. Impaired self-insurer.

|A. On determination by the Workers' Compensation Commission that a self-insurer has become an impaired self-insurer, the Commission shall secure release of the security required by Section 38 of this title and advise the Self-insurance Guaranty Fund Board of the impairment. Claims administration, including processing, investigating and paying valid claims against an impaired self-insurer under the Administrative Workers' Compensation Act, may include payment by the surety that issued the surety bond or be under a contract between the Commission and an insurance carrier, appropriate state governmental entity or an approved service organization, as approved by the Commission. |B. Excess proceeds from the security remaining after each claim for benefits of an impaired self-insurer has been paid, settled or lapsed, and associated costs of administration of such claim have been paid, shall be transferred to the Self-insurance Guaranty Fund and may be used as a credit against the assessment required to be paid by each private self-insurer and group self-insurer association pursuant to Section 98 of this title, as determined by the Self-insurance Guaranty Fund Board.Added by Laws 2013, c. 208, § 99, eff. Feb. 1, 2014. Amended by Laws 2014, c. 169, § 5, emerg. eff. April 25, 2014; Laws 2018, c. 182, § 3, eff. Nov. 1, 2018.
85A OK Stat § 85A-100 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-100. Self-insurance Guaranty Fund Board as party to proceedings.

|A. The Self-insurance Guaranty Fund Board shall be a party in interest in all proceedings involving compensation claims against an impaired self-insurer whose compensation claims have been paid or assumed by the Commission and shall have all rights of subrogation of the impaired self-insurer. In such proceedings, the Board may assume and exercise all rights and defenses of the impaired self-insurer, including, but not limited to, the right to: |1. Appear, defend and appeal claims;2. Receive notice of, investigate, adjust, compromise, settle and pay claims; and3. Investigate, handle and contest claims.B. The Board may:1. Retain such persons as are necessary to handle claims and perform other duties of the Board;2. Sue or be sued;3. Negotiate and become a party to such contracts as are necessary to carry out the purposes of the Administrative Workers' Compensation Act; and4. Exercise any other powers necessary to perform its duties under the Administrative Workers' Compensation Act as prescribed by the Board.Added by Laws 2013, c. 208, § 100, eff. Feb. 1, 2014. Amended by Laws 2014, c. 169, § 6, emerg. eff. April 25, 2014.
85A OK Stat § 85A-101 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-101. Report on number of claims - Electronic data interchange.

|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.Added by Laws 2013, c. 208, § 101, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 36, emerg. eff. May 28, 2019.
85A OK Stat § 85A-102 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-102. Pooled liabilities - Distribution of surplus.

|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;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; and3. 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 Securities Act.Added by Laws 2013, c. 208, § 102, eff. Feb. 1, 2014.
85A OK Stat § 85A-103 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-103. Associations pooling liability.

|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. |Added by Laws 2013, c. 208, § 103, eff. Feb. 1, 2014.
85A OK Stat § 85A-104 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-104. Workers' Compensation Commission and Self-Insurance 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. |Added by Laws 2013, c. 208, § 104, eff. Feb. 1, 2014.
85A OK Stat § 85A-105 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-105. Compensation Commission and Self-insurance Guaranty Fund 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 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.Added by Laws 2013, c. 208, § 105, eff. Feb. 1, 2014. Amended by Laws 2021, c. 583, § 3, emerg. eff. May 28, 2021.
85A OK Stat § 85A-106 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-106. Strict construction.

|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. |Added by Laws 2013, c. 208, § 106, eff. Feb. 1, 2014.
85A OK Stat § 85A-108 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-108. Dismissal of claims.

|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. |Added by Laws 2013, c. 208, § 151, eff. Feb. 1, 2014.
85A OK Stat § 85A-109 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-109. Workers' compensation counselor or ombudsmen program.

|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.Added by Laws 2013, c. 208, § 152, eff. Feb. 1, 2014.
85A OK Stat § 85A-111 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-111. Commencement of benefit claim - Prehearing conference.

|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 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.Added by Laws 2013, c. 208, § 154, eff. Feb. 1, 2014.
85A OK Stat § 85A-113 (2021)
2021 Oklahoma Statutes|Title 85A. Administrative Workers' Compensation System|§85A-113. Transfer of case management - Case managers.

|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 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. |Added by Laws 2013, c. 208, § 156, eff. Feb. 1, 2014.