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2023 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.
2023 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.
2023 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.
2023 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; and
3. Investigate, handle and contest claims.
B. The Board may:
1. Retain such persons as are necessary to handle claims and perform other duties of the Board;
2. Sue or be sued;
3. Negotiate and become a party to such contracts as are necessary to carry out the purposes of the Administrative Workers' Compensation Act; and
4. 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.
2023 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.
2023 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; 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.
Added by Laws 2013, c. 208, § 102, eff. Feb. 1, 2014. Amended by Laws 2022, c. 77, § 52, eff. Nov. 1, 2022.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-114. Prosthetic devices.

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.
Added by Laws 2013, c. 208, § 157, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-115. Joint Petition for settlement.

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' 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.
Added by Laws 2013, c. 208, § 158, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 37, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-116. Awards for permanent disability.

A. Awards for permanent partial disability shall be made pursuant to Sections 45 and 46 of this act, less any sums previously paid which the Workers' Compensation Commission may find to be a proper credit thereon. When the award becomes final, the whole sum or any unpaid portion thereof shall operate as a final adjudicated obligation and payment thereof may be enforced by the claimant or in case of the claimant's death, by the surviving beneficiary entitled to the proceeds as provided in Section 47 of this act.
B. Awards for permanent total disability shall entitle the claimant to receive weekly income benefits for the period prescribed in this act. When an award for permanent total disability becomes final, the accrued portion thereof shall operate as a final adjudicated obligation and payment thereof may be enforced by the claimant or in case of the claimant's death, by the surviving beneficiary entitled to the proceeds as provided in this act. Permanent total disability awards shall not be commuted to a lump-sum payment.
Added by Laws 2013, c. 208, § 159, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-117. Estoppel from denying employment.

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.
Added by Laws 2013, c. 208, § 160, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-118. Fees.

A. A filing fee of One Hundred Forty Dollars ($140.00) per case, including but not limited to any Joint Petition or medical fee dispute authorized by this title, shall be collected from the employer filing a Joint Petition or party filing a medical fee dispute by the Workers' Compensation Commission. In the event any award becomes final against an employer, such amount shall be assessed by the Commission. The filing fee shall be deposited as follows:
1. One Hundred Five Dollars ($105.00) to the credit of the Workers' Compensation Commission Revolving Fund;
2. Ten Dollars ($10.00) to the credit of the Attorney General's Workers' Compensation Fraud Unit Revolving Fund created by Section 19.2 of Title 74 of the Oklahoma Statutes; and
3. Twenty-five Dollars ($25.00) to the credit of the Workers' Compensation Commission Revolving Fund for purposes of implementing the provisions of this title, including strengthening and providing additional funding for the Attorney General's Workers' Compensation Fraud Unit, providing counseling services pursuant to the workers' compensation counselor or ombudsman program and safety in the workplace.
B. A fee of One Hundred Thirty Dollars ($130.00) per action to reopen any case pursuant to Section 32 of this title shall be collected by the Commission and assessed as costs to be paid by the party that reopens the case. The fee collected pursuant to this subsection shall be deposited to the credit of the Workers' Compensation Commission Revolving Fund for purposes of implementing the provisions of this title, including strengthening and providing additional funding for the Attorney General's Workers' Compensation Fraud Unit, providing counseling services pursuant to the workers' compensation counselor or ombudsman program and safety in the workplace.
Added by Laws 2013, c. 208, § 161, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 38, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-119. Copies of documents.

A. Persons requesting and receiving copies of documents on file with the Workers' Compensation Commission shall pay a fee to the Commission of One Dollar ($1.00) for each page copied. All fees so collected shall be deposited in the State Treasury in the Workers' Compensation Commission Revolving Fund.
B. All penalties and fines imposed by the Commission, upon collection, shall be deposited to the credit of the Workers' Compensation Commission Revolving Fund.
Added by Laws 2013, c. 208, § 162, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 39, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-123. Perjury.

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.
Added by Laws 2013, c. 208, § 166, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-125. Computation of time.

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.
Added by Laws 2013, c. 208, § 168, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-300. Short title - Workers' Compensation Arbitration Act.

Sections 300 through 328 of this title shall be known and may be cited as the "Workers' Compensation Arbitration Act".
Added by Laws 2013, c. 208, § 121, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 42, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-301. Arbitration agreements.

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.
Added by Laws 2013, c. 208, § 122, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-302. Notice.

A. Except as otherwise provided in the Workers' Compensation Arbitration Act, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
B. A person has notice if the person has knowledge of the notice or has received notice.
C. A person shall be deemed to have received notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of the communications.
Added by Laws 2013, c. 208, § 123, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-303. Agreements governed by act.

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.
Added by Laws 2013, c. 208, § 124, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-304. Waiver.

A. Except as otherwise provided in subsections B and C of this section and in the laws of this state outside of this title, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this act to the extent permitted by law.
B. Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
1. Waive or agree to vary the effect of the requirements of subsection A of Section 305, subsection A of Section 306, Section 307, subsection A or B of Section 317, Section 326 or Section 328 of this title;
2. Agree to unreasonably restrict the right to notice of the initiation of an arbitration proceeding under Section 309 of this title;
3. Agree to unreasonably restrict the right to disclosure of any facts by an arbitrator under Section 312 of this title;
4. Waive the right of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under Section 316 of this title; or
5. Agree to conduct arbitration proceedings outside of this state.
C. A party to an agreement to arbitrate or to an arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or subsection A or C of Section 304, Sections 307, 314 and 318, subsection D or E of Section 320, Sections 322, 323 and 324, or subsection A or B of Section 325 of this title.
Added by Laws 2013, c. 208, § 125, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 43, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-305. Application for judicial relief.

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.
Added by Laws 2013, c. 208, § 126, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 44, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-306. Agreement to submit to arbitration.

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.
Added by Laws 2013, c. 208, § 127, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-307. Refusal to arbitrate.

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 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.
Added by Laws 2013, c. 208, § 128, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 45, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-308. Judgement for provisional remedies.

A. Before an arbitrator is appointed and authorized to act, the Commission, on application and motion of a party to an arbitration proceeding and for good cause shown, may enter a judgment for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
B. After an arbitrator is appointed and authorized to act:
1. The arbitrator may issue further or revised orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
2. A party to an arbitration proceeding may move the Commission for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
C. A party does not waive a right of arbitration by making an application and motion under subsection A or B of this section.
Added by Laws 2013, c. 208, § 129.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-309. Initiation of arbitration.

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.
Added by Laws 2013, c. 208, § 130, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-310. Consolidation of separate arbitration proceedings.

A. Except as otherwise provided in subsection C of this section, on application and motion of a party to an arbitration agreement or arbitration proceeding, the Commission may order consolidation of separate arbitration proceedings as to all or some of the claims if:
1. There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
2. The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
3. The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
4. Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
B. The Commission may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
C. The Commission may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
Added by Laws 2013, c. 208, § 131, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-311. Method of appointing arbitrator.

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.
Added by Laws 2013, c. 208, § 132, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-312. Disclosures.

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.
Added by Laws 2013, c. 208, § 133, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 46, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-313. Multiple arbitrators.

If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Section 315 of this title.
Added by Laws 2013, c. 208, § 134, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 47, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-314. Immunity from civil liability.

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 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.
Added by Laws 2013, c. 208, § 135, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 48, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-315. Summary disposition - Notice of hearing - Right to be 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 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.
Added by Laws 2013, c. 208, § 136, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-316. Payment of legal fees.

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.
Added by Laws 2013, c. 208, § 137, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 49, emerg. eff. May 28, 2019.