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2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-34. Administration of Multiple Injury Trust Fund - Standing.

A. The MITF Director shall be charged with the administration and protection of the Multiple Injury Trust Fund and shall be notified by the Workers' Compensation Commission of all proceedings which may affect such fund.
B. The MITF Director shall have authority to conduct all business affairs relating to administration of the Multiple Injury Trust Fund, including, but not limited to, appointment of assistants, accountants, attorneys and other employees as may be necessary.
C. The MITF Director shall provide results of audit reports to the Workers' Compensation Commission annually.
D. The MITF Director shall have standing and the authority to appear in any case before the Commission in which the Commission is considering an award from the Multiple Injury Trust Fund.
E. Any party interested shall have a right to bring a proceeding in the Supreme Court to review an award of the Commission affecting such Multiple Injury Trust Fund, in the same manner as is now provided by law with reference to other awards by the Commission.
F. The State Treasurer shall allocate to the MITF Director sufficient funds for administration expenses thereof in amounts to be fixed and approved by the Administrator for the Multiple Injury Trust Fund, unless rejected by the Governor and Attorney General.
Added by Laws 2013, c. 208, § 34, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 63, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-35. Obligation to pay.

A. 1. Every employer shall secure compensation as provided under this act to its employees for compensable injuries without regard to fault.
2. There shall be no liability for compensation under this act where the injury or death was substantially occasioned by the willful intention of the injured employee to bring about such compensable injury or death.
B. The primary obligation to pay compensation is on the employer, and the procurement of a policy of insurance by an employer to cover the obligation in respect to this act shall not relieve the employer of the obligation.
Added by Laws 2013, c. 208, § 35, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-35.1. Court reporter – Stenographic recording of settlements.

A court reporter employed by or contracted by the Workers' Compensation Commission shall be authorized to stenographically report both joint petition settlements and compromise settlements in the Workers' Compensation Court of Existing Claims. A court reporter employed by or contracted by the Workers' Compensation Court of Existing Claims shall be authorized to stenographically report both compromise settlements and joint petition settlements under the jurisdiction of the Commission.
Added by Laws 2019, c. 476, § 14, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-37. Waiver of exemption or exclusion.

A. Any employer engaging in any exempted or excepted employment may at any time waive the exemptions or exceptions as to any employee or all employees engaged in the employment as the employer may elect by giving notice of waiver of the exemptions or exceptions as provided in subsection B of this section.
B. Notice of waiver of exclusion or exemption referred to in subsection A of this section shall be given in accordance with the following provisions:
1. Every employer who waives the exclusion or exemption shall post, and keep posted, in and about the employer's place of business typewritten or printed notices to that effect in accordance with a form to be prescribed by the Commission, and the employer shall file a duplicate of the notice with the Commission; and
2. The notice shall be given at least thirty (30) days before any injury. However, if the injury occurs less than thirty (30) days after the date of employment, the notice, if given at the time of employment, shall be sufficient notice.
Added by Laws 2013, c. 208, § 37, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-39. Carrier discharging obligations.

A. In order that the liability for compensation may be effectively administered, the employer's carrier may discharge the obligations and duties of the employer under this act if the employer is not a self-insurer.
B. For the purpose of an employer's carrier discharging the obligation and duties of the employer:
1. An employer's knowledge of an injury shall constitute the carrier's knowledge of the injury;
2. The Commission shall have jurisdiction over the carrier to the same extent it has over the employer under this act; and
3. Any determinations by the Commission shall be binding on the carrier to the same extent as they are on the employer.
Added by Laws 2013, c. 208, § 39, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-41. Posted notice.

A. Every employer who has secured compensation under the provisions of this act shall keep posted in a conspicuous place in and about the employer's place of business typewritten or printed notices in accordance with a form prescribed by the Commission. The notices shall state that the employer has secured the payment of compensation in accordance with the provisions of this act.
B. The notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy.
Added by Laws 2013, c. 208, § 41, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-43. Liability Unaffected - Subrogation.

A. Liability Unaffected.
1.
a.
The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or her dependents, to make a claim or maintain an action in court against any third party for the injury.
b.
The employer or the employer's carrier shall be entitled to reasonable notice and opportunity to join in the action.
c.
If the employer or employer's carrier join in the action against a third party for injury or death, they shall be entitled to a first lien on two-thirds (2/3) of the net proceeds recovered in the action that remain after the payment of the reasonable costs of collection, for the payment to them of the amount paid and to be paid by them as compensation to the injured employee or his or her dependents.
2. The commencement of an action by an employee or his or her dependents against a third party for damages by reason of an injury to which this act is applicable, or the adjustment of any claim, shall not affect the rights of the injured employee or his or her dependents to recover compensation, but any amount recovered by the injured employee or his or her dependents from a third party shall be applied as follows:
a.
reasonable fees and costs of collection shall be deducted,
b.
the employer or carrier, as applicable, shall receive two-thirds (2/3) of the remainder of the recovery or the amount of the workers' compensation lien, whichever is less, and
c.
the remainder of the recovery shall go to the injured employee or his or her dependents.
B. Subrogation.
1. An employer or carrier liable for compensation under this act for the injury or death of an employee shall have the right to maintain an action in tort against any third party responsible for the injury or death. However, the employer or the carrier shall notify the claimant in writing that the claimant has the right to hire a private attorney to pursue any benefits to which the claimant is entitled in addition to the subrogation interest against any third party responsible for the injury or death.
2. After reasonable notice and opportunity to be represented in the action has been given to the injured employee, the liability of the third party to the compensation beneficiary shall be determined in the action, as well as the third party's liability to the employer and carrier.
3. If the employer recovers against the third party, by suit or otherwise, the injured employee shall be entitled to any amount recovered in excess of the amount that the employer and carrier have paid or are liable for in compensation, after deducting reasonable costs of collection.
4. An employer or carrier who is liable for compensation under this act on account of injury or death of an employee shall be entitled to maintain a third-party action against the employer's uninsured motorist coverage or underinsured motorist coverage.
Added by Laws 2013, c. 208, § 43, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-44. Reduction of benefits.

A. Any benefits payable to an injured employee under this act shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured employee has previously received for the same medical services or period of disability, whether those benefits were paid under a group health care service plan, a group disability policy, a group loss of income policy, a group accident, health, or accident and health policy, a self-insured employee health or welfare benefit plan, or a group hospital or medical service contract; provided, however, such reduction does not apply to any benefit received from a group policy for disability if the injured employee has paid for the policy.
B. The claimant shall be required to disclose in a manner to be determined by the Commission the identity, address, or phone number of any person or entity which has paid benefits described in this section in connection with any claim under this act.
Added by Laws 2013, c. 208, § 44, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-48. Injury to minors.

When an injury or death is sustained by a minor employed in violation of federal or state statutes relating to minimum ages for employment of minors, disability or death benefits provided for by this act shall be doubled; provided, however, such penalty shall not apply when the minor misrepresents his or her age, in writing, to the employer.
Added by Laws 2013, c. 208, § 48, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-49. Temporary total disability and unemployment benefits.

Notwithstanding any other provision of this act, no compensation for temporary total disability shall be payable to an injured employee for any week for which the injured employee receives unemployment insurance benefits under the laws of this state or the unemployment insurance law of any other state. If a claim for temporary total disability is controverted and later determined to be compensable, temporary total disability shall be payable to an injured employee for any week for which the injured employee receives unemployment benefits but only to the extent that the temporary total disability otherwise payable exceeds the unemployment benefits.
Added by Laws 2013, c. 208, § 49, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-53. Physical examination.

A. An injured employee claiming to be entitled to benefits under this act shall submit to physical examination and treatment by another qualified physician, designated or approved by the Commission, as the Commission may require from time to time if reasonable and necessary.
B. In cases where the Commission directs examination or treatment, proceedings shall be suspended, and no compensation shall be payable for any period during which the employee refuses to submit to examination and treatment or otherwise obstructs the examination or treatment.
C. Failure of the employee to obey a judgment of the Commission for an examination or treatment shall bar the right of the claimant to further temporary total disability compensation in respect to the injury.
Added by Laws 2013, c. 208, § 53, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 21, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-54. Refusal to submit to surgery.

Except in cases of hernia, which are specifically covered by Section 61 of this act, where an injured employee unreasonably refuses to submit to a surgical operation which has been advised by at least two qualified physicians and where the recommended operation does not involve unreasonable risk of life or additional serious physical impairment, the Commission shall take the refusal into consideration when determining compensation for permanent partial or permanent total disability.
Added by Laws 2013, c. 208, § 54, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-55. Unreasonable charges.

A. If an employer or carrier believes that a charge for medical services or supplies under this act is unreasonable, it may submit the charge to the Commission for review. If the Commission determines that the charge is unreasonable, it may amend the charges to reflect the Fee Schedule established under Section 50 of this act, if applicable, or in accordance with reasonable market rates for the services or supplies provided.
B. The provisions of this section relating to charges shall not apply if a written contract exists between the employer and the person who renders the medical service or supplies.
Added by Laws 2013, c. 208, § 55, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-56. Certified workplace medical plans.

A. If the employer has previously contracted with a certified workplace medical plan, the employer shall select for the injured employee a treating physician or chiropractor from the physicians or chiropractors listed within the network of the certified workplace medical plan. The employee may apply for a change of physician or chiropractor by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health.
B. If the employer is not covered by a certified workplace medical plan, the employer shall select the treating physician or chiropractor. The Commission on application of the employee shall order one change of treating physician or chiropractor. Upon the Commission's granting of the application, the employer shall provide a list of three physicians, one of which may be a chiropractor, from whom the employee may select the replacement.
Added by Laws 2013, c. 208, § 56, eff. Feb. 1, 2014. Amended by Laws 2020, c. 34, § 2, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-57. Failure to appear for scheduled appointments.

A. If an injured employee misses two or more scheduled appointments for treatment, he or she shall no longer be eligible to receive benefits under this act, unless his or her absence was:
1. Caused by extraordinary circumstances beyond the employee's control as determined by the Commission; or
2. The employee gave the employer at least two (2) hours prior notice of the absence and had a valid excuse.
B. Inability to get transportation to or from the appointment shall not be considered extraordinary circumstances nor a valid excuse for the absence.
Added by Laws 2013, c. 208, § 57, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-58. Copying of medical records.

A. 1. Every hospital or other person furnishing the injured employee with medical services shall permit its records to be copied by and shall furnish full written information to the Commission, the Workers' Compensation Fraud Investigation Unit, the employer, the carrier, and the employee or the employee's dependents.
2. The reasonable cost of copies shall be paid by the requestor to the health care or medical service provider furnishing them.
B. No person who in good faith under subsection A of this section or under rules established by the Commission reports medical information shall incur legal liability for the disclosure of the information.
Added by Laws 2013, c. 208, § 58, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-59. Computation of average weekly wages.

A. 1. Compensation under this act based on the employee's average weekly wage shall be computed by dividing the employee's gross earnings by the number of full weeks of employment with the employer, up to a maximum of fifty-two (52) weeks.
2. If the injured employee was working on a piece basis, the average weekly wage shall be determined by dividing the earnings of the employee by the number of hours required to earn the wages during the period not to exceed fifty-two (52) weeks preceding the week in which the accident occurred and by multiplying this hourly wage by the number of hours in a full-time workweek in the employment.
B. Overtime earnings are to be added to the regular weekly wages and shall be computed by dividing the overtime earnings by the number of weeks worked by the employee in the same employment under the contract of hire in force at the time of the accident, not to exceed a period of fifty-two (52) weeks preceding the accident.
C. If, because of exceptional circumstances, the average weekly wage cannot be fairly and justly determined by the above formulas, the Commission may determine the average weekly wage by a method that is just and fair to all parties concerned.
D. The benefit level for members of the National Guard and any authorized voluntary or uncompensated worker rendering services as a firefighter, peace officer or civil defense worker shall be determined by using the wages of the employee in his or her regular occupation.
Added by Laws 2013, c. 208, § 59, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-60. Evaluation of permanent disability.

The Physician Advisory Committee may recommend the adoption of a method or system to evaluate permanent disability that shall deviate from, or be used in place of or in combination with the Guides. Such recommendation shall be made to the Workers' Compensation Commission which may adopt the recommendation in part or in whole. The adopted method or system shall be submitted by the Executive Director of the Commission to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature. Such method or system so submitted shall be subject to disapproval by joint or concurrent resolution of the Legislature during the legislative session in which submitted. If disapproved, the existing method of determining permanent partial disability shall continue in effect. If the Legislature takes no action on the method or system submitted by the Executive Director, the method or system shall become operative thirty (30) days following the adjournment of the Legislature.
Added by Laws 2013, c. 208, § 60, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 22, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-61. Hernias.

A. A hernia is not a compensable injury unless the injured employee can prove by a preponderance of the evidence that it meets the definition of "compensable injury" under this act and:
1. The occurrence of the hernia followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall;
2. There was severe pain in the hernial region;
3. The pain caused the employee's work to be substantially affected;
4. Notice of the occurrence was given to the employer within five (5) days thereafter; and
5. The physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician.
B. 1. Notwithstanding the provisions of Section 45 of this act, if it is determined that a hernia is a compensable injury under subsection A of this section, the injured employee shall be entitled to temporary total disability for six (6) weeks.
2. If the injured employee refuses to permit the hernia operation if recommended by a physician, he or she shall be entitled to temporary total disability for thirteen (13) weeks in addition to appropriate medical care.
C. If the injured employee dies within one (1) year as a direct and sole result of the hernia or a radical operation of the hernia, the deceased employee's dependents shall be entitled to death compensation under Section 48 of this act.
Added by Laws 2013, c. 208, § 61, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-62. Nonsurgical soft tissue injury.

A. Notwithstanding the provisions of Section 45 of this title, if an employee suffers a nonsurgical soft tissue injury, temporary total disability compensation shall not exceed eight (8) weeks, regardless of the number of parts of the body to which there is a nonsurgical soft tissue injury. An employee who is treated with an injection or injections shall be entitled to an extension of an additional eight (8) weeks. For purposes of this section, an injection shall not include facet injections or intravenous injections. An employee who has been recommended by a treating physician for surgery for a soft tissue injury may petition the Workers' Compensation Commission for one extension of temporary total disability compensation and the Commission may order an extension, not to exceed sixteen (16) additional weeks. If the surgery is not performed within thirty (30) days of the approval of the surgery by the employer, its insurance carrier, or an order of the Commission authorizing the surgery, and the delay is caused by the employee acting in bad faith, the benefits for the extension period shall be terminated and the employee shall reimburse the employer any temporary total disability compensation he or she received beyond eight (8) weeks. An epidural steroid injection, or any procedure of the same or similar physical invasiveness, shall not be considered surgery.
B. For purposes of this section, "soft tissue injury" means damage to one or more of the tissues that surround bones and joints. Soft tissue injury includes, but is not limited to, sprains, strains, contusions, tendonitis and muscle tears. Cumulative trauma is to be considered a soft tissue injury unless corrective surgery is necessary. Soft tissue injury does not include any of the following:
1. Injury to or disease of the spine, spinal discs, spinal nerves or spinal cord, where corrective surgery is performed;
2. Brain or closed-head injury as evidenced by:
a.
sensory or motor disturbances,
b.
communication disturbances,
c.
complex integrated disturbances of cerebral function,
d.
episodic neurological disorders, or
e.
other brain and closed-head injury conditions at least as severe in nature as any condition provided in subparagraphs a through d of this paragraph; or
3. Any joint replacement.
Added by Laws 2013, c. 208, § 62, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 23, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-66. Silicosis and asbestosis.

A. As used in this act, unless the context otherwise requires:
1. "Asbestosis" means the characteristic fibrotic condition of the lungs caused by the inhalation of asbestos dust; and
2. "Silicosis" means the characteristic fibrotic condition of the lungs caused by the inhalation of silica dust.
B. In the absence of a preponderance of the evidence in favor of the claim, disability or death from silicosis or asbestosis shall be presumed not to be due to the nature of any occupation within the provision of this section unless during the ten (10) years immediately preceding the date of disablement the employee has been exposed to the inhalation of silica dust or asbestos dust over a period of not less than five (5) years, two (2) years of which shall have been in this state, under a contract of employment performed in this state. However, if the employee has been employed by the same employer during the entire five-year period, his or her right to compensation against the employer shall not be affected by the fact that he or she had been employed during any part of the period outside of this state.
C. Except as otherwise provided in this section, compensation for disability from uncomplicated silicosis or asbestosis shall be payable in accordance with the provisions of Sections 45 and 48 of this title.
D. 1. In case of disability or death from silicosis or asbestosis complicated with tuberculosis of the lungs, compensation shall be payable as for uncomplicated silicosis or asbestosis, provided that the silicosis or asbestosis was an essential factor in the causing of disability or death.
2. In case of disability or death from silicosis or asbestosis complicated with any other disease, or from any other disease complicated with silicosis or asbestosis, the compensation shall be reduced as provided in subsection C of Section 65 of this title.
Added by Laws 2013, c. 208, § 66, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 25, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-67. Notice of occupational disease or cumulative trauma.

A. Except as otherwise provided in this section, notice of disability resulting from an occupational disease or cumulative trauma shall be the same as in cases of accidental injury.
B. Written notice shall be given to the employer of an occupational disease or cumulative trauma by the employee, or a representative of the employee in the case of incapacity or death, within six (6) months after the first distinct manifestation of the disease or cumulative trauma or within six (6) months after death.
Added by Laws 2013, c. 208, § 67, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 26, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-68. Rebuttable presumption injury not work-related.

A. Unless an employee gives oral or written notice to the employer within thirty (30) days of the date an injury occurs, the rebuttable presumption shall be that the injury was not work-related. Such presumption must be overcome by a preponderance of the evidence.
B. Unless an employee gives oral or written notice to the employer within thirty (30) days of the employee's separation from employment, there shall be a rebuttable presumption that an occupational disease or cumulative trauma injury did not arise out of and in the course of employment. Such presumption must be overcome by a preponderance of the evidence.
Added by Laws 2013, c. 208, § 68, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-70. Promulgation of rules.

The Commission is authorized and directed to promulgate rules to establish and implement a preliminary conference procedure designed to accomplish the following objectives:
1. To provide the claimant an opportunity to confer with a legal advisor on the staff of the Commission to be advised of his or her rights under this act and to ensure that the rights are protected. The conference shall be held in the county where the accident occurred, if the accident occurred in this state, unless otherwise agreed to by the parties, or otherwise directed by the Commission;
2. To provide an opportunity for, but not compel, a binding settlement of some or all the issues present at the time;
3. To facilitate the resolution of issues without the expense of litigation or attorney fees for either party; and
4. To authorize the legal advisor to approve compromise settlements entered into while attending or as a result of the preliminary conference and those joint petition settlements entered into under Section 87 of this act. Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition.
Added by Laws 2013, c. 208, § 70.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-73. Preservation and enforcement of orders.

A. The Commission shall have the power to preserve and enforce order during any proceeding before it, to issue subpoenas for and administer oaths to and compel the attendance and testimony of witnesses, and require the production of books, papers, documents, and other evidence.
B. If any person or party attending any proceeding before the Commission disobeys or resists any lawful order or process, obstructs the hearing, neglects to produce any book, paper or document after having been ordered to do so, refuses to appear after having been subpoenaed, refuses to take oath as a witness, refuses to be examined according to law, refuses to comply with any final judgment of an administrative law judge or the Commission or willfully refuses to pay an uncontroverted medical or related expense within forty-five (45) days after the respondent has received the statement, the person or party, at the discretion of the administrative law judge or the Commission, may be found to be in contempt of the Commission and may be subject to a fine not to exceed Ten Thousand Dollars ($10,000.00).
Added by Laws 2013, c. 208, § 73, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-74. Rebuttable presumptions.

In any proceeding for the enforcement of a claim for compensation, there shall be a rebuttable presumption that:
1. The Commission has jurisdiction;
2. Sufficient notice was given; and
3. The injury was not occasioned by the willful intention of the injured employee to bring about the injury to himself or herself or another.
Added by Laws 2013, c. 208, § 74, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-77. Employment of attorneys.

If the Commission is a party to or is otherwise interested in a court proceeding under this act, it may employ attorneys to appear on its behalf. If requested by the Commission, it shall be the duty of the Attorney General or the prosecuting attorneys of the different districts to represent the Commission without extra compensation.
Added by Laws 2013, c. 208, § 77, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-79. Failure to comply with final compensation judgement.

If any employer fails to comply with a final compensation judgment or award, any beneficiary of the judgment or award, or the Commission, may file a certified copy of the judgment or award in the office of the district court clerk of any county in this state where any property of the employer may be found. At that time, the district court clerk shall enter the judgment or award in the judgment record of the county, and the judgment or award so recorded shall be a judgment and lien as are judgments of the district court, and enforceable as such.
Added by Laws 2013, c. 208, § 79, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-80. Review of compensation judgments.

A. A final order for permanent disability is a final adjudication of all issues pending in the claim unless reserved in the order or by operation of law. Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation judgment, award, or decision. Such review may be done at any time within six (6) months from the date of the last order in which monetary benefits were awarded or active medical treatment was provided, on the Commission's own motion or on the application of any party in interest, and unless filed within such period of time shall be forever barred. On review, the Commission may make a judgment or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this title. An order denying an application to reopen a claim shall not extend the period of time set out in this title for reopening the claim. A failure to comply with a medical treatment plan ordered by the Commission shall bar the reopening of a claim.
B. The review and subsequent award shall be made in accordance with the procedure prescribed in Sections 69 through 78 of this title. No review shall affect any compensation paid under a prior order, judgment or award.
C. The Commission may correct any clerical error in any compensation judgment or award within one (1) year from the date of its issuance.
D. Aging and the effects of aging on a compensable injury are not to be considered in determining whether there has been a change in physical condition. Aging or the effect of aging on a compensable injury shall not be considered in determining permanent disability under this section or any other section in this act.
Added by Laws 2013, c. 208, § 80, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 30, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-81. Commencing proceedings on unreasonable grounds.

If the court having jurisdiction over the claim or compensation judgment proceedings determines that the proceedings have been commenced or continued without reasonable grounds, the cost of the proceedings shall be assessed against the party who has commenced or continued the proceedings.
Added by Laws 2013, c. 208, § 81, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-82. Claims for legal services.

A. 1. a.
Each party shall be responsible for its legal services and litigation expenses. Fees for legal services may be reviewed by the Workers' Compensation Commission.
b.
An attorney representing an injured employee may only recover attorney fees up to ten percent (10%) of any temporary total disability or temporary partial disability compensation and twenty percent (20%) of any permanent partial disability, permanent total disability, or death compensation awarded to an injured employee by the Commission from a controverted claim. If the employer makes a written offer to settle permanent partial disability, permanent total disability, or death compensation and that offer is rejected, the employee's attorney may not recover attorney fees in excess of thirty percent (30%) of the difference between the amount of any award and the settlement offer.
(1)
Attorney fees may not be collected for recovery on noncontroverted claims.
(2)
Attorney fees shall not be awarded on medical benefits or services.
(3)
The fee for legal services rendered by an attorney representing an employee in connection with a change of physician requested by the injured employee, controverted by the employer, and awarded by the Commission, shall be Two Hundred Dollars ($200.00).
(4)
Attorney fees may include not more than ten percent (10%) of the value, or reasonable estimate thereof, of vocational rehabilitation services.
c.
A "controverted claim" means that the employer or the employer's insurance carrier has controverted whether there has been a compensable injury or whether the employee is entitled to temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, or death compensation. A request for a change in physician shall not trigger a controverted claim for purposes of recovering any attorney fees except the fees under division 3 of subparagraph b of this paragraph. A controverted claim shall not exist if the employee or his or her representative has withheld pertinent information in his or her possession related to the claim from the employer or has violated the provisions of Section 6 of this title.
2. In any case where attorney fees are allowed by the Commission, the limitations expressed in subparagraph b of paragraph 1 of this subsection shall apply.
3. Medical providers may voluntarily contract with the attorney for the employee to recover disputed charges, and the attorney may charge a reasonable fee for the cost of collection.
B. An attorney representing an employee under this act may not recover fees for services except as expressly provided in this section.
Added by Laws 2013, c. 208, § 82, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 31, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-83. Attorney signature.

A. 1. Every claim, request for benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his or her individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his or her claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, and state his or her address.
2. The signature of an attorney or party constitutes a certificate by him or her that:
a.
he or she has read the claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper,
b.
to the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and
c.
it is not brought for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
3. If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.
4. If a claim, request for benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is signed in violation of this act, the Commission, including administrative law judges, on motion or on their own initiative, shall impose on the signatory, a represented party, or both, an appropriate sanction, which may include a judgment to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, including a reasonable attorney fee.
B. Appropriate sanctions, including the amount of reasonable expenses and attorney fees, may also be imposed against a party or its attorney who, without good cause shown, fails to appear for a hearing, deposition, or any other matter scheduled by the Commission or administrative law judge, or who frivolously joins another party.
Added by Laws 2013, c. 208, § 83, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-84. Payment of compensation.

A. Compensation shall be paid by check, by electronic funds transfer, issuance of debit cards, or by state warrant. Payment shall be made payable to the order of the person entitled to the compensation and paid directly to the person entitled to the compensation.
B. If the compensation beneficiary is a mental incompetent or a minor of tender years or immature judgment, the Commission, in the exercise of its discretion, may direct that payment shall be made to a legally appointed guardian of the estate of the incompetent or minor.
Added by Laws 2013, c. 208, § 84, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-85. Clean claims.

Clean claims for services rendered under this act are payable within thirty (30) days after receipt by the employer unless disputed as to compensability or amount. "Clean claim" means a claim that has no defect or impropriety, including a lack of any required substantiating documentation, or particular circumstance requiring special treatment that impedes prompt payment.
Added by Laws 2013, c. 208, § 85, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-86. Controversion of employee's right to claim compensation.

A. 1. Each employer desiring to controvert an employee's right to compensation may file with the Workers' Compensation Commission on or before the fifteenth day following notice of the alleged injury or death a statement on a form prescribed by the Commission that the right to compensation is controverted and the grounds for the controversion, the names of the claimant, employer, and carrier, if any, and the date and place of the alleged injury or death.
2. Failure to file the statement of controversion shall not preclude the employer's ability to controvert the claim or cause it to waive any defenses. The employer can make additional defenses not included in the initial notice at any time.
B. If an employer is unable to obtain sufficient medical information as to the alleged injury or death within fifteen (15) days following receipt of notice, although the employer has acted in good faith and with all due diligence, the employer may apply in writing for an extension of time for making payment of the first installment or controverting the claim. This written application is to be postmarked within the fifteen-day period. The Commission may, in its discretion, grant the extension and fix the additional time to be allowed. Filing of application for an extension shall not be deemed to be a controversion of the claim.
C. The provisions in subsection B of this section shall not apply in cases where the physician is an employee of, on retainer with, or has a written contract to provide medical services for the employer.
Added by Laws 2013, c. 208, § 86, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 32, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-87. Settlement of claim.

If the employer or carrier and the injured employee desire to settle the claim, they shall file a joint petition for settlement with the Workers' Compensation Commission. After the joint petition has been filed, the Commission shall order that all workers' compensation claims between the parties covered by the joint petition have been settled. No appeal shall lie from a judgment or award denying a joint petition.
Added by Laws 2013, c. 208, § 87, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 33, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-88. Change of insurance carriers.

A. In any case where an employer changes insurance carriers or where the employer having been self-insured, becomes insured or, having been insured, is approved to be self-insured, and the only dispute in a claim against that employer is the proper source of payment of benefits, the Commission shall direct that the appropriate compensation benefits be paid on an equal basis by the carriers or self-insured employer.
B. Upon resolution of the issue, the prevailing respondent shall be entitled to reimbursement from the other respondent of all monies paid together with interest from the date of payment pursuant to Section 727.1 of Title 12 of the Oklahoma Statutes.
Added by Laws 2013, c. 208, § 88, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-89. Advance payments.

If the employer has made advance payments for compensation, the employer shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due. If the injured employee receives full wages during disability, he or she shall not be entitled to compensation during the period. Any wages paid by the employer, over the statutory temporary disability maximum, shall be deducted from the permanent partial disability award. Such deduction shall be made after any such applicable attorney fee and any such assessment made pursuant to Sections 45 and 46 of this title have been paid. Provided, however, no wages paid by the employer in excess of the statutory temporary disability maximum, pursuant to a collective bargaining agreement, shall be deducted from any benefit otherwise available under this title.
Added by Laws 2013, c. 208, § 89, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 34, emerg. eff. May 28, 2019.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-90. Deposit or bond with commission.

The Workers' Compensation Commission may require any employer to make a deposit or bond with the Commission to secure the prompt and convenient payment of compensation, and payments shall be made on judgment of the Commission.
Added by Laws 2013, c. 208, § 90, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-91. Interest.

Compensation shall bear interest pursuant to Section 727.1 of Title 12 of the Oklahoma Statutes from the day an award is made by either an administrative law judge or the full Workers' Compensation Commission on all accrued and unpaid compensation.
Added by Laws 2013, c. 208, § 91, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-92. Notification of commission.

A. On making the first payment and on suspension of payment of compensation, if required by the Workers' Compensation Commission, the employer shall notify the Commission of that fact on a form prescribed by the Commission.
B. 1. Within thirty (30) days after the final payment of compensation has been made, the employer shall notify the Commission with a form prescribed by the Commission. This form shall state that the final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, and the date of the injury or death.
2. If the employer fails to notify the Commission within thirty (30) days, the Commission may assess against the employer a civil penalty in an amount not to exceed One Hundred Dollars ($100.00). No penalty shall be assessed without notice to the employer and giving the employer an opportunity to be heard by the Commission.
Added by Laws 2013, c. 208, § 92, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-93. Investigation.

On its own initiative at any time that compensation payments are being made without an award, the Workers' Compensation Commission may, and in any case if the right to compensation has been controverted, if payments of compensation have been suspended, or if an employer seeks to suspend payments made under an award, or on application of an interested party, the Commission shall make such investigation, cause such medical examination to be made, hold such hearings, and take such further action as the Commission deems proper for the protection of the rights of all parties.
Added by Laws 2013, c. 208, § 93, eff. Feb. 1, 2014.
2023 Oklahoma Statutes › Title 85A. Administrative Workers' Compensation System › §85A-94. Incarcerated employees.

An employee who is incarcerated shall not be eligible to receive temporary total disability benefits under this title. Any medical benefits available to an incarcerated employee shall be limited by other provisions of this title in the same manner as for all injured employees.
Added by Laws 2013, c. 208, § 94, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 35, emerg. eff. May 28, 2019.