reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-271.1. Abandoned mineral interests.

If the proceeds or other intangible property interest from any mineral interests are abandoned for a period of fifteen (15) years, as provided for in the Uniform Unclaimed Property Act, then the mineral interest which generates the intangible property interest shall not be subject to escheat, but shall be subject to judicial sale by the state as provided for in Sections 273 through 277 of this title.
If a judgment is rendered in favor of the state in such proceedings, a sale of the mineral interest shall be ordered, then:
1. All abandoned mineral interests within a single production unit shall be grouped together as far as practicable for purposes of sale; and
2. Any interest sold by the state shall remain subject to all prior valid pooling and drilling orders, rules, or regulations of the Corporation Commission; and
3. The record owner or owners of the surface from which abandoned mineral interests have been severed shall be mailed at the last-known address as shown by the records of the county treasurer a notice of the sale of such abandoned mineral interest at least thirty (30) days prior to said sale; and
4. The successful bidder at said sale shall pay the costs and expenses of bringing the action as determined by the court.
Added by Laws 1978, c. 229, § 2, eff. Jan. 1, 1979. Amended by Laws 1983, c. 184, § 1, eff. June 9, 1983; Laws 1984, c. 7, § 1, eff. Nov. 1, 1984; Laws 2005, c. 421, § 3, emerg. eff. June 6, 2005.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-273. Petition in escheat by Attorney General or district attorney.

Where the Attorney General of this state or the district attorney of any county shall be informed, or have reason to believe that the title to any real or personal property has vested in this state, or is subject to sale, under Section 271 or 271.1 of this title, the Attorney General or district attorney shall forthwith file a petition in the name of the State of Oklahoma, in the district court of the county where such property, or any part thereof is situate, which petition shall set forth a description of the said property, the name of the person, or corporation, last lawfully seized or possessed of the same, the names of the tenants or persons in actual possession of same, if any; the names of the persons claiming such property, if any such are known to claim; and the facts or circumstances in consequence of which such property is claimed to be subject to escheat or sale, praying writ of possession in behalf of the state.
R.L.1910, § 8438; Laws 2005, c. 421, § 4, emerg. eff. June 6, 2005.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-274. Summons - Notification to Attorney General.

Upon the filing of the petition in an action authorized to be brought pursuant to Section 271.1 or 273 of this title, the clerk of the court shall issue summons as in other civil cases, requiring the persons named to appear and answer as in other civil cases, and in like manner the clerk shall also issue a summons for publication, setting forth briefly the contents of the petition, for all persons interested in the property to appear and answer within thirty (30) days from the date of first publication, which summons shall be published as required in other civil suits except that it shall not be required to be published exceeding thirty (30) days before answer required. If the petition has been filed by the district attorney for the county where the property is located, a summons and a copy of the petition shall be sent by certified mail, return receipt requested, to the Attorney General of this state.
R.L.1910, § 8439; Laws 2003, c. 29, § 1, eff. Nov. 1, 2003; Laws 2005, c. 421, § 5, emerg. eff. June 6, 2005.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-275. Parties - Trial and judgment - Costs.

All persons named in such petition as tenants or persons in actual possession, or claimants of the property, or any part of the same, may appear and plead to such proceeding, and therein may traverse the facts stated in the petition, the title of the state to the lands and property therein mentioned as in other civil cases, and any person claiming an interest in such estate may appear and be made a defendant, and plead as in other cases, except such appearance must be made within or at the expiration of thirty (30) days from the first publication of the notice hereinabove mentioned, except on order of the court. If no person after notice as aforesaid shall appear and plead within the time prescribed by law, which shall not be less than thirty days after the first publication of notice, judgment shall be rendered by default in behalf of the state; if any person appear and deny the title set up by the state, or traverse any material fact in the petition, issue shall be made up and tried as other issue of fact; and if after the issues and trial it appears from the facts found or admitted that the state has good title to the property, real or personal in the petition mentioned, or good right thereto, or any part thereof, judgment shall be rendered that the state shall be seized and possessed thereof, and a writ for the possession shall be awarded and executed as in other cases, and at the discretion of the court the state may recover costs against the defendants, which costs shall include a reasonable amount for attorney's fees. If it appears that the state has no title to such property the defendant or defendants shall recover their costs, to be taxed and certified by the clerk, to the State Treasurer, upon which such certificate such State Treasurer is authorized to cash the same out of any monies in his hand not otherwise appropriated.
R.L.1910, § 8440; Laws 2005, c. 421, § 6, emerg. eff. June 6, 2005.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-276. Sale of property.

In case a judgment is rendered in favor of the state in such proceedings, a writ shall be issued to the sheriff, or any constable, of the proper county commanding the seizure of such property, and if the same be personal property, it shall be sold at public auction in the manner provided by law for the sale of property of like kind under execution; if the property be real estate, minerals or mineral interests, it shall be sold under the order of the court by the sheriff or a constable of the county, and the proceeds, less the costs and attorney's fees taxed by the court, shall be paid to the Treasurer of the state; provided, however, that any proceeds paid to the Treasurer resulting from a sale of minerals deemed abandoned pursuant to Sections 658.1 and 658.1A of Title 60 of the Oklahoma Statutes and Section 271.1 of this title shall be treated as proceeds subject to the Uniform Unclaimed Property Act. No real estate or mineral interest shall be sold by the sheriff (or constable) at less than the minimum price to be fixed by the judge before whom the case was tried, such minimum valuation to be stated in the notice of sale. Should there be on the day of sale, no bona fide bid for as high an amount as the valuation fixed by the judge before whom the case is tried, there shall be no sale, and the writ or order of sale shall be immediately returned to the court issuing the same, and thereafter a new writ procured, and if necessary, a new order of appraisement value fixed by the judge of the court.
R.L.1910, § 8441; Laws 2005, c. 421, § 7, emerg. eff. June 6, 2005.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-305. Life insurance policies - Trustee named by will as beneficiary.

A policy of life insurance may designate as beneficiary a trustee or trustees named by will, if the designation is made in accordance with the provisions of the policy and the requirements of the insurance company. The trustee or trustees may be appointed immediately after the proving of the will, and, upon appointment and qualification, proceeds of such insurance shall be paid to the trustee or trustees to be held and disposed of under the terms of the will as they exist as of the date of the death of the testator and in the same manner as other testamentary trusts are administered; but if no qualified trustee makes claim to the proceeds from the insurance company within twelve (12) months after the death of the insured, or if satisfactory evidence is furnished to the insurance company within such twelve-month period showing that there is or will be no trustee to receive the proceeds, payment shall be made by the insurance company to the executors, administrators or assigns of the insured, unless otherwise provided by agreement with the insurance company during the lifetime of the insured.
Added by Laws 1967, c. 79, § 1.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-306. Liability for debts and taxes.

The proceeds of the insurance as received by the trustee or trustees shall not be subject to debts of the insured nor to transfer or estate tax to any greater extent than if such proceeds were payable to the beneficiary or beneficiaries named in the trust and not to the estate of the insured.
Added by Laws 1967, c. 79, § 2, emerg. eff. April 18, 1967.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-351. Definitions.

As used in the Uniform International Wills Act:
1. “International will” means a will executed in conformity with the Uniform International Wills Act; and
2. “Authorized person” and “person authorized to act in connection with international wills” mean a person who by Section 10 of this act, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.
Added by Laws 2010, c. 383, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-852. Validity of a will.

A. A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of the Uniform International Wills Act.
B. The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
C. The Uniform International Wills Act does not apply to the form of testamentary dispositions made by two or more persons in one instrument.
Added by Laws 2010, c. 383, § 3, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-853. Requirements of a will.

A. The will must be made in writing. It need not be written by the testator him or herself. It may be written in any language, by hand or by any other means.
B. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the will of the testator and that the testator knows the contents of the will. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
C. In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the signature.
D. If the testator is unable to sign, the absence of the signature of the testator does not affect the validity of the international will if the testator indicates the reason for the inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the name of the testator for the testator, if the authorized person makes note of this on the will, but it is not required that any person sign the name of the testator for the testator.
E. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Added by Laws 2010, c. 383, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-854. Signature, date, and declaration.

A. The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on behalf of the testator or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.
B. The date of the will must be the date of its signature by the authorized person. The date must be noted at the end of the will by the authorized person.
C. The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in Section 6 of this act.
D. A will executed in compliance with Section 4 of this act is not invalid merely because it does not comply with this section.
Added by Laws 2010, c. 383, § 5, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-855. Signature establishing execution of valid international will.

The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of the Uniform International Wills Act for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:
CERTIFICATE
I, _______________________ (name, address and capacity), a person authorized to act in connection with international wills
Certify that on _________ (date) at ________________ (place)
(testator) _______________________ (name, address, date and place of birth) in my presence and in that of witnesses
1. ___________________ (name, address, date and place of birth)
2. ___________________ (name, address, date and place of birth) has declared that the attached document is the will of the testator and that the testator knows the contents thereof.
I furthermore certify that:
1. In my presence and in that of the witnesses
a.
the testator has signed the will or has acknowledged the signature of the testator previously affixed.
b.
following a declaration of the testator stating that the testator was unable to sign the will for the following reason ______________________, I have mentioned this declaration on the will
*and the signature has been affixed by ______________________ (name and address);
2. The witnesses and I have signed the will;
3. Each page of the will has been signed by _________________ and numbered;
4. I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
5. The witnesses met the conditions requisite to act as such according to the law under which I am acting;
6. The testator has requested me to include the following statement concerning the safekeeping of the will of the testator:
Place of Execution ______________________________________
Date ____________________________________________________
Signature _______________________________________________
and, if necessary, SEAL
*to be completed if appropriate
Added by Laws 2010, c. 383, § 6, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-856. Certificate - Formal validity.

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under the Uniform International Wills Act. The absence or irregularity of a certificate does not affect the formal validity of a will under the Uniform International Wills Act.
Added by Laws 2010, c. 383, § 7, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-858. Interpretation of Uniform International Wills Act.

The Uniform International Wills Act derives from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying the Uniform International Wills Act, regard shall be had to its international origin and to the need for uniformity in its interpretation.
Added by Laws 2010, c. 383, § 9, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 85. Workers' Compensation › §85-398. Group self-insurers.

A. The Workers' Compensation Court shall adopt rules permitting two or more employers not otherwise subject to the provisions of Section 2b of this title to pool together liabilities under this act for the purpose of qualifying as a group self-insurer and each such employer shall be classified as a self-insurer.
B. The Court shall approve the distribution of all undistributed policyholders' surplus of a Workers' Compensation Self-Insurance Program if the Program complies with the following criteria:
1. Has been in business for at least five (5) years;
2. Has its financial statements audited by a public accounting firm which audits at least one corporate client which has assets in excess of One Billion Dollars ($1,000,000,000.00) and on which the accounting firm has issued an unqualified opinion as to the fair presentation of the financial position of the Program showing adequate solvency and reserves; and
3. Is in compliance with the provisions of this title and all other regulations as required by the Court.
C. A group self-insurer created pursuant to this section either prior to or after the effective date of this act shall not be subject to the provisions of the Oklahoma Uniform Securities Act of 2004.
Added by Laws 1981, c. 256, § 3, emerg. eff. June 25, 1981. Amended by Laws 1990, c. 264, § 123, operative July 1, 1990; Laws 1990, c. 260, § 58, operative July 1, 1990; Laws 1996, c. 363, § 12, eff. Nov. 1, 1996. Renumbered from § 149.1 of this title by Laws 2011, c. 318, § 88. Amended by Laws 2022, c. 77, § 51, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 85. Workers' Compensation › §85-399. Self-insurance associations - Pooling of liabilities.

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.
Added by Laws 1986, c. 222, § 30, eff. Nov. 1, 1986. Renumbered from Title 85, § 149.2 by Laws 2011, c. 318, § 88.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-1. Short title - Administrative Workers' Compensation Act.

Sections 1 through 106 and 150 through 168 of this act shall be known and may be cited as the "Administrative Workers' Compensation Act". The provisions of the Administrative Workers' Compensation Act shall be strictly construed.
Added by Laws 2013, c. 208, § 1.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-3. Applicability of act.

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 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.
Added by Laws 2013, c. 208, § 3, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 2, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-4. Severability.

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 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.
Added by Laws 2013, c. 208, § 4, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-7. Discrimination or retaliation.

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.
Added by Laws 2013, c. 208, § 7, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 5, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-8. Agreement to waive compensation.

A. No agreement by an employee to waive his or her right to compensation shall be valid. No contract, regulation, or device shall operate to relieve the employer or carrier, in whole or in part, from any liability created by this act, except as specifically provided in this act.
B. Any officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer who is not a subcontractor and who owns and operates his or her own business may, by agreement or contract, exclude himself or herself from coverage or waive his or her right to coverage or compensation under this act.
Added by Laws 2013, c. 208, § 8, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-9. Agreements for employee to pay premium of employer.

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.
Added by Laws 2013, c. 208, § 9, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-10. Release or commutation - Liens against workers' 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.
Added by Laws 2013, c. 208, § 10, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-11. Compensation of alien nonresidents.

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.
Added by Laws 2013, c. 208, § 11, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-13. Mental injury or illness.

A. 1. A mental injury or illness is not a compensable injury unless caused by a physical injury to the employee, and shall not be considered an injury arising out of and in the course and scope of employment or compensable unless demonstrated by a preponderance of the evidence; provided, however, that this physical injury limitation shall not apply to any victim of a crime of violence.
2. No mental injury or illness under this section shall be compensable unless it is also diagnosed by a licensed psychiatrist or psychologist and unless the diagnosis of the condition meets the criteria established in the most current issue of the Diagnostic and Statistical Manual of Mental Disorders.
B. 1. Notwithstanding any other provision of this act, where a claim is for mental injury or illness, the employee shall be limited to twenty-six (26) weeks of disability benefits unless it is shown by clear and convincing evidence that benefits should continue for a set period of time, not to exceed a total of fifty-two (52) weeks.
2.
a.
In cases where death results directly from the mental injury or illness within a period of one (1) year, compensation shall be paid the dependents as provided in other death cases under this act.
b.
Death directly or indirectly related to the mental injury or illness occurring one (1) year or more from the incident resulting in the mental injury or illness shall not be a compensable injury.
Added by Laws 2013, c. 208, § 13, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-14. Cardiovascular, coronary, pulmonary, respiratory, or cerebrovasculary accidents and myocardial infarctions.

A. A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to other factors contributing to the physical harm, the course and scope of employment was the major cause.
B. An injury or disease included in subsection A of this section shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the employee's usual work in the course of the employee's regular employment, or that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm.
Added by Laws 2013, c. 208, § 14, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 6, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-16. Official Disability Guidelines - Treatment in Workers 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.
Added by Laws 2013, c. 208, § 16, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-18. Notice to health care providers - Collection of fees.

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.
Added by Laws 2013, c. 208, § 18, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 7, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-20. Power and authority of Commission.

A. In addition to its other duties and powers, the Workers' Compensation Commission is given and granted full power and authority:
1. To appoint administrative law judges to hear all claims for compensation, including claims based on injuries which occurred outside this state for which compensation is payable under this act. An administrative law judge shall have been licensed to practice law in this state for a period of not less than three (3) years and shall have not less than three (3) years of workers' compensation experience prior to appointment;
2. To remand any case to an administrative law judge for the purpose of taking additional evidence;
3. To assess penalties;
4. To prescribe rules governing the representation of employees, employers, and carriers in respect to claims before the Commission;
5. To make available all records in connection with all cases of personal injury to the Oklahoma Department of Labor. The Commissioner of Labor may propose rules for the prevention of injuries and transmit the rules to the Commission. The Commission may recommend proposed rules for prevention of injuries to the Commissioner of Labor; and
6. To have and exercise all other powers and duties conferred or imposed by this act.
B. 1. In addition to the other powers and duties granted to the Commission in this section and otherwise provided by law, the Commission is authorized to establish and impose reasonable administrative fees to recover the cost of preparation of various informative materials distributed by the Commission.
2. The administrative fees shall be established by regulation of the Commission.
3. Funds derived from administrative fees shall be deposited into the Workers' Compensation Commission Revolving Fund to be used to defray expenses incurred in preparation and distribution of materials.
Added by Laws 2013, c. 208, § 20. Amended by Laws 2019, c. 476, § 9, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-21. Officers - Quorum.

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.
Added by Laws 2013, c. 208, § 21. Amended by Laws 2019, c. 476, § 10, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-23. Necessary traveling expenses.

Any commissioner or employee of the Commission shall be entitled to receive his or her necessary traveling expenses as provided in the State Travel Reimbursement Act. The expenses shall be certified by the person who incurred them and shall be allowed and paid on presentation of vouchers approved by the Commission.
Added by Laws 2013, c. 208, § 23.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-25. Annual publication of aggregate information.

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.
Added by Laws 2013, c. 208, § 25, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-26. Removal of commissioners.

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.
Added by Laws 2013, c. 208, § 26, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-27. Jurisdiction - Duties and powers of administrative judges.

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 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.
Added by Laws 2013, c. 208, § 27, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 12, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-28. Multiple Injury Trust Fund - Self-insurance Guaranty Fund.

A. There are established within the Office of the State Treasurer two separate funds:
1. The "Multiple Injury Trust Fund"; and
2. The "Self-insurance Guaranty Fund".
B. Except as provided in Section 97 of this title, no money shall be appropriated from these funds for any purpose except for the use and benefit, or at the direction, of the Oklahoma Workers' Compensation Commission.
C. Except as provided in Section 96 of this title, all funds established under this section shall be administered, disbursed, and invested under the direction of the Commission and the State Treasurer.
D. All incomes derived through investment of the Multiple Injury Trust Fund shall be credited as investment income to the fund that participated in the investment.
E. No monies deposited to these funds shall be subject to any deduction, tax, levy, or any other type of assessment.
F. If the balance in the Multiple Injury Trust Fund becomes insufficient to fully compensate those employees to whom it is obligated, payment shall be suspended until such time as the Multiple Injury Trust Fund is capable of meeting its obligations, paying all arrearages, and restoring normal benefit payments.
G. On the effective maturity dates of each investment, the investment shall be transferred to the State Treasurer for deposit into the Multiple Injury Trust Fund created in this section.
H. Unless provided otherwise in the Administrative Workers' Compensation Act, all fines and penalties assessed under the Administrative Workers' Compensation Act shall be deposited into the Workers' Compensation Commission Revolving Fund. Any monies remaining in the Workers' Compensation Fund on June 30, 2015, shall be transferred to the Workers' Compensation Commission Revolving Fund.
Added by Laws 2013, c. 208, § 28, eff. Feb. 1, 2014. Amended by Laws 2014, c. 169, § 1, emerg. eff. April 25, 2014; Laws 2015, c. 344, § 1, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-28.1. Workers' Compensation Commission Revolving Fund.

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.
Added by Laws 2015, c. 344, § 2, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-29. Fees.

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.
Added by Laws 2013, c. 208, § 29, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 13, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-30. Physically impaired persons - Adjudications of Multiple Injury Trust Fund claims.

A. For the purposes of Sections 31 through 35 of this title, the term "physically impaired person" means a person who, as a result of accident, disease, birth, military action, or any other cause, has suffered:
1. The loss of the sight of one eye;
2. The loss by amputation of the whole or a part of a member of the body; or
3. Any previous adjudications of compensable permanent partial disability adjudged and determined by the Workers' Compensation Court, the Workers' Compensation Court of Existing Claims or the Workers' Compensation Commission.
B. This section shall apply to all adjudications of Multiple Injury Trust Fund claims in which the last injury occurred on or after July 1, 2019.
Added by Laws 2013, c. 208, § 30, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 59, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-33. Statute of limitations.

A. The right to claim compensation for benefits from the Multiple Injury Trust Fund shall be forever barred unless a Notice of Claim, on a form prescribed by the Workers' Compensation Commission, shall be filed with the Commission within one (1) year of the date of the last order for permanent partial disability arising from the latest claim against the last employer.
B. When a claim for benefits from the Multiple Injury Trust Fund is filed, unless a claimant shall in good faith request a hearing and final determination thereon within two (2) years of the filing thereof, the same shall be barred.
C. An attorney who represents a respondent or insurance carrier in a claim against the last employer shall not represent the employee in a subsequent claim against the Multiple Injury Trust Fund.
Added by Laws 2013, c. 208, § 33, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 62, emerg. eff. May 28, 2019.