OK
Oklahoma House Bill HB2375

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2375 Compare Versions

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28-ENGROSSED SENATE AMENDMENT
29-TO
30-ENGROSSED HOUSE
31-BILL NO. 2375 By: Kannady of the House
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33+COMMITTEE SUBSTITUTE
34+FOR ENGROSSED
35+HOUSE BILL NO. 2375 By: Kannady of the House
3236
3337 and
3438
3539 Thompson (Roger) of the
3640 Senate
3741
3842
3943
40-[ workers' compensation - compensable injury –
41-accidents - exclusive *** of Workers' Compensatio n
42-Court of Existing Claims - effective date –
43- emergency ]
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48-AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
49-and entire bill and insert
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52-“[ workers’ compensation - compensable injury –
44+
45+[ workers’ compensation - compensable injury –
5346 accidents - exclusive nature of remedy - liability
5447 for intentional acts - permanent partial disability -
5548 compensation for loss of certa in scheduled members -
5649 computation of certain benefit amounts - beneficiary
5750 payments - travel reimbursement process – claims -
5851 permanent disability – Oklahoma Workers’ Compensation
5952 Commission - independent medical ex aminer - Judges of
6053 Workers’ Compensation Court of Existing Claims -
6154 effective date –
6255 emergency ]
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6661 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6762 SECTION 1. AMENDATORY 85A O.S. 2021, Section 2, is
6863 amended to read as follows:
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9564 Section 2. As used in the Administrative Workers’ Compensation
9665 Act:
9766 1. “Actually dependent” means a surviving spouse, a child or
9867 any other person who receives one-half (1/2) or more of his or her
9968 support from the employee;
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10096 2. “Carrier” means any stock company, mutual company, or
10197 reciprocal or interinsurance exchange authorized to write or carry
10298 on the business of workers ’ compensation insurance in this state.
10399 Whenever required by the context, the term “carrier” shall be deemed
104100 to include duly qualified self -insureds or self-insured groups;
105101 3. “Case management” means the ongoing coordination, by a case
106102 manager, of health care services provided to an injured or disabled
107103 worker, including but not limited to systematically monitoring the
108104 treatment rendered and the medical progress of the injured o r
109105 disabled worker; ensuring that any treatment plan follows all
110106 appropriate treatment protocol s, utilization controls and practi ce
111107 parameters; assessing whether alternative health care services are
112108 appropriate and delivere d in a cost-effective manner based upon
113109 acceptable medical standards; and ensuring that the injured or
114110 disabled worker is follow ing the prescribed health care pla n;
115111 4. “Case manager” means a person who is a registered nurse with
116112 a current, active unencumb ered license from the Oklahoma Boa rd of
117113 Nursing, or possesses one or more of the following certifications
118114 which indicate the ind ividual has a minimum number of ye ars of case
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145115 management experience, has passed a national competency test and
146116 regularly obtains continuing education hours to mai ntain
147117 certification:
148118 a. Certified Disability Management Specialist (CDMS),
149119 b. Certified Case Manager (CCM),
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150147 c. Certified Rehabilitation Registered Nurse (CRRN),
151148 d. Case Manager - Certified (CMC),
152149 e. Certified Occupational Health Nurse (COHN), or
153150 f. Certified Occupational Health Nurse Specialist (COHN -
154151 S);
155152 5. “Certified workplace medical plan ” means an organization of
156153 health care providers or any other entity, certified by the State
157154 Commissioner of Health, that is authorized to enter into a
158155 contractual agreement with an employer, group self -insurance
159156 association plan, an employer ’s workers’ compensation insurance
160157 carrier, third-party administrator or an insured to provide medical
161158 care under the Administrative Workers ’ Compensation Act. Certified
162159 plans shall only include plans which provide medical services and
163160 payment for services on a fee -for-service basis to medical
164161 providers;
165162 6. “Child” means a natural or adopted son or daughter of the
166163 employee under eighteen (18) years o f age; or a natural or adopted
167164 son or daughter of an employee eighteen (18) years of age or over
168165 who is physically or mentally i ncapable of self-support; or any
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195166 natural or adopted son or daughter of an employee eighteen (18)
196167 years of age or over who is act ually dependent; or any natural or
197168 adopted son or daughter of an employee between eighteen (18) and
198169 twenty-three (23) years of a ge who is enrolled as a full-time
199170 student in any accredited educational institution. The term “child”
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200198 includes a posthumous chi ld, a child legally adopted or one for whom
201199 adoption proceedings are pending at the time of death, an actually
202200 dependent stepchild or an actually dependent acknow ledged child born
203201 out of wedlock;
204202 7. “Claimant” means a person who claims benefits for an inj ury
205203 or occupational disease pursua nt to the provisions of the
206204 Administrative Workers ’ Compensation Act;
207205 8. “Commission” means the Oklahoma Workers’ Compensation
208206 Commission;
209207 9. a. “Compensable injury” means damage or harm to the
210208 physical structure of the body, or damage or harm to
211209 prosthetic appliances, including eyeglasses, contact
212210 lenses, or hearing aids, of which the major cau se is
213211 either an accident, cumulative trauma or occupational
214212 disease arising out of the course and scope of
215213 employment. An “accident” means an event involving
216214 factors external to the employee that:
217215 (1) was unintended, unanticipated, unforeseen,
218216 unplanned and unexpected,
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245217 (2) occurred at a specifical ly identifiable time and
246218 place,
247219 (3) occurred by chance or from unknown causes, or
248220 (4) was independent of sickness, mental incapa city,
249221 bodily infirmity or any other cause , and
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250249 (5) was not as the result of an intent ional act.
251250 b. “Compensable injury” does not include:
252251 (1) injury to any active participant in assaults or
253252 combats which, although they may occur in the
254253 workplace, are the r esult of non-employment-
255254 related hostility or animus of one, both, or all
256255 of the combatants and which assault or combat
257256 amounts to a deviation from customary duties;
258257 provided, however, injuries caused by horseplay
259258 shall not be considered to be compensable
260259 injuries, except for innocent victims,
261260 (2) injury incurred while engaging in or perfor ming
262261 or as the result of engaging in or per forming any
263262 recreational or social activities for the
264263 employee’s personal pleasure,
265264 (3) injury which was inflicted on the employ ee at a
266265 time when employment services were not being
267266 performed or before the employee was hired or
268267 after the employment relation ship was terminated,
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295268 (4) injury if the accident was caused by the use of
296269 alcohol, illegal drug s, or prescription drugs
297270 used in contravention of physician ’s orders. If
298271 a biological specimen is collected within twe nty-
299272 four (24) hours of the employee being i njured or
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300300 reporting an injury, or if at any time after the
301301 injury a biological specimen is col lected by the
302302 Oklahoma Office of the Chief Medical Examiner if
303303 the injured employee does not survive for at
304304 least twenty-four (24) hours after the injury and
305305 the employee tests positive for intoxication, an
306306 illegal controlled substance, or a legal
307307 controlled substance used in contravention to a
308308 treating physician’s orders, or refuses to
309309 undergo the drug and alcohol testing , there shall
310310 be a rebuttable presumption t hat the injury was
311311 caused by the use of alcohol, illegal drugs, or
312312 prescription drugs used in contravention of
313313 physician’s orders. This presumption may only be
314314 overcome if the employee proves by clear and
315315 convincing evidence that his or her state of
316316 intoxication had no causal relationship to the
317317 injury,
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344318 (5) any strain, degeneration, damage or harm to, or
345319 disease or condition of, t he eye or
346320 musculoskeletal structure or other body part
347321 resulting from the natural res ults of aging,
348322 osteoarthritis, arthritis, o r degenerative
349323 process including, but not limited to,
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350351 degenerative joint disease, degenerative disc
351352 disease, degenerative
352353 spondylosis/spondylolisthesis and spinal
353354 stenosis, or
354355 (6) any preexisting condition except when the
355356 treating physician clearly confirm s an
356357 identifiable and significant aggravation incurred
357358 in the course and scope of employment ,
358359 (7) any injury resulting from an idiopathic injury or
359360 condition, or
360361 (8) any injury resulting from an intentional act.
361362 c. Where compensation is payable for an inj ury resulting
362363 from cumulative trauma, the last employer in whose
363364 employment the employee was l ast injuriously exposed to
364365 the trauma during a period of at least ninety (90) days
365366 or more, and the insurance carrier, if any, on the risk
366367 when the employee was last so exposed under such
367368 employer, shall alone be liable therefor, without
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394369 right to contribution from any prior employer or
395370 insurance carrier. If there is no employer in whose
396371 employment the employee was injuriou sly exposed to the
397372 trauma for a period of at least ninety (90) days, then
398373 the last employer in whose employment the employee was
399374 last injuriously exposed to the trauma and the
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400402 insurance carrier, if any, on the risk when such
401403 employee was last so exposed under such employer,
402404 shall be liable therefo r, with right to contribution
403405 from any prior employer or insurance carrier.
404406 d. A compensable injury shall be established by m edical
405407 evidence supported by objective findings as defined in
406408 paragraph 31 33 of this section.
407409 d. e. The injured employee shall prove by a preponderance
408410 of the evidence that he or she has suffered a
409411 compensable injury.
410412 e. f. Benefits shall not be payable f or a condition which
411413 results from a non-work-related independent
412414 intervening cause follow ing a compensable injury which
413415 causes or prolongs disability, aggravation, or
414416 requires treatment. A non -work-related independent
415417 intervening cause does not require ne gligence or
416418 recklessness on the part of a claimant.
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443419 f. g. An employee who suffers a compe nsable injury shall be
444420 entitled to receive compensation as prescribed in this
445421 act the Administrative Workers ’ Compensation Act.
446422 Notwithstanding other provisions of law, if it is
447423 determined that a compensable inj ury did not occur,
448424 the employee shall not be entitled to compensation
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449452 under this act the Administrative Workers’
450453 Compensation Act;
451454 10. “Compensation” means the money allowa nce payable to the
452455 employee or to his or her dependents and i ncludes the medical
453456 services and supplies provided for in Section 50 of this title and
454457 funeral expenses;
455458 11. “Consequential injury” means injury or harm to a part of
456459 the body that is a direct re sult of the injury or medical treatment
457460 to the part of the bo dy originally injured in the claim. The
458461 Commission shall not make a finding of a consequential injury unless
459462 it is established by objective medical evidence that medical
460463 treatment for such part of the body is required;
461464 12. “Continuing medical maintenance ” means medical treatment
462465 that is reasonable and necessary to main tain claimant’s condition
463466 resulting from the co mpensable injury or illness after reaching
464467 maximum medical improvement. Continuin g medical maintenance shall
465468 not include diagnostic tests, sur gery, injections, counseling,
466469 physical therapy, or pain management devices or equipment;
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493470 13. “Course and scope of employment” means an activity of any
494471 kind or character for which the employee wa s hired and that relates
495472 to and derives from the work, busine ss, trade or profession of an
496473 employer, and is performed by an emp loyee in the furtherance of the
497474 affairs or business of an employer. The term includes activities
498475 conducted on the premises of an employer or at other locations
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499503 designated by an employer and travel by an employee in furtheranc e
500504 of the affairs of an employe r that is specifically directed by the
501505 employer. This term does not include:
502506 a. an employee’s transportation to and from his or her
503507 place of employment,
504508 b. travel by an employee in furthera nce of the affairs of
505509 an employer if the travel is also in further ance of
506510 personal or private affairs of the empl oyee,
507511 c. any injury occurring in a parking lot or other comm on
508512 area adjacent to an employer’s place of business
509513 before the employee clocks in o r otherwise begins work
510514 for the employer or after the employee clo cks out or
511515 otherwise stops work for the employe r unless the
512516 employer owns or maintains exclusive control ov er the
513517 area, or
514518 d. any injury occurring while an employee is on a work
515519 break, unless the injury occurs while the employ ee is
516520 on a work break inside t he employer’s facility or in
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543521 an area owned by or exclusively controlled by the
544522 employer and the work break is authorized by the
545523 employee’s supervisor;
546524 14. “Cumulative trauma” means an injury to an employee that is
547525 caused by the combined effect of repetiti ve physical activities
548526 extending over a period of time in the course and scope of
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549554 employment. Cumulative t rauma shall not mean f atigue, soreness or
550555 general aches and pain that may have been caused, aggravated,
551556 exacerbated or accelerated by the employee ’s course and scope of
552557 employment. Cumulative tra uma shall have resulted directly and
553558 independently of all ot her causes;
554559 15. “Death” means only death resultin g from compensable injury
555560 as defined in paragraph 9 of this section;
556561 16. “Disability” means incapacity because of compensable injury
557562 to earn, in the same or any other employment, substantially the same
558563 amount of wages the emplo yee was receiving at the tim e of the
559564 compensable injury;
560565 17. “Drive-away operations” includes every person engaged in
561566 the business of transporting and delivering new or used vehicles by
562567 driving, either singly or by towbar, saddle -mount or full-mount
563568 method, or any combination thereo f, with or without towing a
564569 privately owned vehicle;
565570 18. a. “Employee” means any person, including a minor, in the
566571 service of an employer under an y contract of hire or
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593572 apprenticeship, written or oral, expre ssed or implied,
594573 but excluding one whose employmen t is casual and not
595574 in the course of the trade, business, profession, or
596575 occupation of his or her e mployer and excluding one
597576 who is required to pe rform work for a municipality or
598577 county or the state or fede ral government on havi ng
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599605 been convicted of a crimi nal offense or while
600606 incarcerated. “Employee” shall also include a m ember
601607 of the Oklahoma National Guard while in the
602608 performance of duties only while in response to state
603609 orders and any authorized volunta ry or uncompensated
604610 worker, rendering services as a firefighter, law
605611 enforcement officer or emergency management worker .
606612 Travel by a police officer, fireman, or a member of a
607613 first aid or rescue squad, in responding to and
608614 returning from an emergency, sha ll be deemed to be in
609615 the course of employment.
610616 b. The term “employee” shall not include:
611617 (1) any person for whom an em ployer is liable under
612618 any Act of Congress for providing compensation to
613619 employees for injuries, disease or death arising
614620 out of and in the course of employmen t including,
615621 but not limited to, the Federal Employees ’
616622 Compensation Act, the Federal Employers ’
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643623 Liability Act, the Longshore a nd Harbor Workers’
644624 Compensation Act and the Jon es Act, to the extent
645625 his or her employees are subject to su ch acts,
646626 (2) any person who is employed in agricul ture,
647627 ranching or horticulture by an employer who had a
648628 gross annual payroll in the preceding calen dar
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649656 year of less than One Hundred Thousand Doll ars
650657 ($100,000.00) wages for agricultural, ranching or
651658 horticultural workers, or an y person who is
652659 employed in agriculture, ranching or horticulture
653660 who is not engaged in operation of motorized
654661 machines. This exemption applies to any period
655662 of time for which such employment exists,
656663 irrespective of whether or not th e person is
657664 employed in other activities for which the
658665 exemption does not apply. If the person is
659666 employed for part of a year in exempt activities
660667 and for part of a year in nonexempt activities,
661668 the employer shall be responsible for providing
662669 workers’ compensation only for the period of time
663670 for which the person is employed in nonexempt
664671 activities,
665672 (3) any person who is a licensed real estate sales
666673 associate or broker, paid on a commission basis,
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693674 (4) any person employed by an employer with five or
694675 fewer total employees, all of whom are related
695676 within the second degree by blood or marriage to
696677 the employer, all of whom are d ependents living
697678 in the household of the employer, or all of whom
698679 are a combination of such relatives and
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699707 dependents. If the employer is not a natural
700708 person such relative shall be relat ed within the
701709 second degree by blood or marriage to a person
702710 who owns fifty percent (50%) or more o f the
703711 employer, or such dependent shall be in t he
704712 household of a person who owns fifty percent
705713 (50%) or more of the employer,
706714 (5) any person employed by an e mployer which is a
707715 youth sports league which qualifies for exemption
708716 from federal income taxation p ursuant to federal
709717 law,
710718 (6) sole proprietors, members of a partnership,
711719 individuals who are party to a fran chise
712720 agreement as set out by the Federal Trade
713721 Commission franchise disclosure rule, 16 CFR
714722 436.1 through 436.11, memb ers of a limited
715723 liability company who own at least ten percent
716724 (10%) of the capital of the limited liability
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743725 company or any stockholder -employees of a
744726 corporation who own ten percent (10 %) or more
745727 stock in the corporation, unless they elect to be
746728 covered by a policy of insurance cover ing
747729 benefits under the Administrative Workers ’
748730 Compensation Act,
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749758 (7) any person providing or performing vol untary
750759 service who receives no wages for the servi ces
751760 other than meals, drug or alcohol rehabilitative
752761 therapy, transportation, lodging or reimbursem ent
753762 for incidental expenses except for voluntee rs
754763 specifically provided for in subparagraph a of
755764 this paragraph,
756765 (8) a person, commonly referred to as an own er-
757766 operator, who owns or leases a truck -tractor or
758767 truck for hire, if the owner-operator actually
759768 operates the truck-tractor or truck and if the
760769 person contracting with the owner-operator is not
761770 the lessor of the truck-tractor or truck.
762771 Provided, however, an owner-operator shall not be
763772 precluded from workers ’ compensation coverage
764773 under the Administrat ive Workers’ Compensation
765774 Act if the owner-operator elects to participate
766775 as a sole proprietor,
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793776 (9) a person referred to as a dri ve-away owner-
794777 operator who privately owns and utilizes a tow
795778 vehicle in drive-away operations and operates
796779 independently for hi re, if the drive-away owner-
797780 operator actually utilizes the tow vehicle and if
798781 the person contracting with t he drive-away owner-
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799809 operator is not the lessor of the tow vehicle.
800810 Provided, however, a drive -away owner-operator
801811 shall not be precluded from worker s’ compensation
802812 coverage under the Administrati ve Workers’
803813 Compensation Act if the drive -away owner-operator
804814 elects to participat e as a sole proprietor, and
805815 (10) any person who is employed as a domestic servant
806816 or as a casual worker in and about a private home
807817 or household, which private home or househ old had
808818 a gross annual payroll in the preceding calendar
809819 year of less than Fifty T housand Dollars
810820 ($50,000.00) for such workers;
811821 19. “Employer” means a natural person, partnershi p,
812822 association, limited liabil ity company, corporation, and the legal
813823 representatives of a deceased employer, or the receiver or trustee
814824 of a person, partnersh ip, association, corporation , or limited
815825 liability company, departments, instrumentalities and in stitutions
816826 of this state and divisions thereof, counties and divisions thereo f,
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843827 public trusts, boards of education and incorporated citie s or towns
844828 and divisions thereof, employing a pers on included within the term
845829 “employee” as defined in this section. E mployer may also mean the
846830 employer’s workers’ compensation insurance carrier, if applicable.
847831 Except as provided otherwise, this act the Administrative Workers ’
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848859 Compensation Act applies to all public and private entities and
849860 institutions;
850861 20. “Employment” includes work or labor in a t rade, business,
851862 occupation or activity carried on by an employer or any authorized
852863 voluntary or uncompensated worker rendering services as a
853864 firefighter, peace officer or eme rgency management worker;
854865 21. “Evidence-based” means expert-based, literature-supported
855866 and outcomes validated by well-designed randomized trials when such
856867 information is available and which uses the best available evidence
857868 to support medical decision mak ing;
858869 22. “Gainful employment” means the capacity to perform
859870 employment for wages for a period of time that is not part-time,
860871 occasional or sporadic;
861872 23. “Idiopathic” means an injury or condition, where neither the
862873 cause, nor the resulting injury bears an y special relation to the
863874 work or to the conditions under which the act was being performed and
864875 though it occurs in the course of the employment, does not arise out
865876 of the employment;
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892877 24. “Impaired self-insurer” means a private self -insurer or
893878 group self-insurance association that fails to pay its workers ’
894879 compensation obligations, or is financially unable to do so and is
895880 the subject of any proceeding under the Federal federal Bankruptcy
896881 Reform Act of 1978, and any subseq uent amendments or is the subject
897882 of any proceeding in which a receiver, custodian, liquidator,
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898910 rehabilitator, truste e or similar officer has been appointed by a
899911 court of competent jurisdiction to act in lieu of or on behalf of
900912 the self-insurer;
901913 24. 25. “Incapacity” means inadequate strength or ab ility to
902914 perform a work-related task;
903915 25. 26. “Insurance Commissioner ” means the Insurance
904916 Commissioner of the State of Oklahoma;
905917 26. 27. “Insurance Department ” means the Insurance Department
906918 of the State of Oklah oma;
907919 27. 28. “Intentional act” means an injury occurring only when
908920 the employee is injured as a result of a willfu l, deliberate, and
909921 specific intent to cause such injury and only when the act that was
910922 the proximate cause of the injury was not normally within the
911923 employer-employee relationship and was not an employment risk related
912924 to the business of the employer. Knowledge that the injury was
913925 substantially certain to result from the conduct shall not constitute
914926 an intentional act;
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941927 29. “Major cause” means more than fifty per cent (50%) of the
942928 resulting injury, disease or illness. A finding of major cause
943929 shall be established by a preponderance of the evidence. A finding
944930 that the workplace was not a major cause of the injury, disease or
945931 illness shall not adversely affect the exclusive remedy provi sions
946932 of this act the Administrative Workers ’ Compensation Act and shall
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947960 not create a separate cause of action outside this act the
948961 Administrative Workers’ Compensation Act;
949962 28. 30. “Maximum medical improvement” means that no further
950963 material improvement would reasonably be expected from medical
951964 treatment or the passage o f time;
952965 29. 31. “Medical services” means those services specified in
953966 Section 50 of this title;
954967 30. 32. “Misconduct” shall include the following:
955968 a. unexplained absenteeism or tardiness,
956969 b. willful or wanton indifference to or neglect of the
957970 duties required,
958971 c. willful or wanton breach of any duty required by the
959972 employer,
960973 d. the mismanagement of a position of employment by
961974 action or inaction,
962975 e. actions or omissions that place in jeopardy the
963976 health, life, or property of self or others,
964977 f. dishonesty,
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991978 g. wrongdoing,
992979 h. violation of a law, or
993980 i. a violation of a policy or rule adopted to ensure
994981 orderly work or the safety of self or others;
995982 31.
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9961010 33. a. (1) “Objective findings” are those findings which
9971011 cannot come under the voluntary control of the
9981012 patient.
9991013 (2) (a) When determining permanent disability, a
10001014 physician, any other medical provider, an
10011015 administrative law judge, the Commission or
10021016 the courts shall not consider complaints of
10031017 pain.
10041018 (b) For the purpose of making permanent
10051019 disability ratings to the spine, physicians
10061020 shall use criteria established by the Six th
10071021 Edition of the American Medical Association
10081022 “Guides to the Evaluation of Permanent
10091023 Impairment”.
10101024 (3) (a) Objective evidence necessary to prove
10111025 permanent disability in occupational hearing
10121026 loss cases may be established by medically
10131027 recognized and accepted clinical diagnostic
10141028 methodologies, including, but not limited
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10411029 to, audiological tests that measur e air and
10421030 bone conduction thresholds and speech
10431031 discrimination ability.
10441032 (b) Any difference in the baseline hearing
10451033 levels shall be confirmed by subsequent
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10461061 testing; provided, however, such test shall
10471062 be given within four (4) w eeks of the
10481063 initial baseline hearing level test but not
10491064 before five (5) days after being adjusted
10501065 for presbycusis.
10511066 b. Medical opinions addressing compensability and
10521067 permanent disability shal l be stated within a
10531068 reasonable degree of medical certainty;
10541069 32. 34. “Official Disability Guidel ines” or “ODG” means the
10551070 current edition of the Official Disability Guidelines and the ODG
10561071 Treatment in Workers’ Comp Compensation as published by the Work
10571072 Loss Data Institute;
10581073 33. 35. “Permanent disability ” means the extent, expressed a s a
10591074 percentage, of the loss of a portion of the total physiological
10601075 capabilities of the human body as established by competent med ical
10611076 evidence and based on the Sixth Edition of the American Medical
10621077 Association “Guides to the Evaluation of Permanent Impair ment”, if
10631078 the impairment is con tained therein;
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10901079 34. 36. “Permanent partial disability ” means a permanent
10911080 disability or loss of use after maximum medical improvement has been
10921081 reached which prevents the injured employee, who has been released
10931082 to return to work by the treating physician, f rom returning to his
10941083 or her pre-injury or equivalent job . All evaluations of permanent
10951084 partial disability must be supported by objective findings;
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10961112 35. 37. “Permanent total disability ” means, based on objective
10971113 findings, incapacity, based upon accidental injury or occupational
10981114 disease, to earn wages in any employment for which the employee may
10991115 become physically suited and reasonably fitted by education,
11001116 training, experience or vocational rehabilitation provided under
11011117 this act the Administrative Workers ’ Compensation Act. Loss of both
11021118 hands, both feet, both legs, or both eyes, or any two thereof, shall
11031119 constitute permanent total disability;
11041120 36. 38. “Preexisting condition” means any illness, injury,
11051121 disease, or other physical or mental condition, whether or not work -
11061122 related, for which medical advice, diagnosis, care or treatment was
11071123 recommended or receiv ed preceding the date of injury;
11081124 37. 39. “Pre-injury or equivalent job” means the job that the
11091125 claimant was working for the employer at the time the injury
11101126 occurred or any other employment offered by t he claimant’s employer
11111127 that pays at least one hundred percent (100%) of the employee ’s
11121128 average weekly wage;
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11391129 38. 40. “Private self-insurer” means a private employer that
11401130 has been authorized to self -insure its workers’ compensation
11411131 obligations pursuant to this act the Administrative Workers ’
11421132 Compensation Act, but does not include group self -insurance
11431133 associations authorized by this act the Administrative Workers ’
11441134 Compensation Act, or any public empl oyer that self-insures pursuant
11451135 to this act the Administrative Workers ’ Compensation Act;
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11461163 39. 41. “Prosthetic” means an artificial device used to replace
11471164 a part or joint of the body that is lost or injured in an accident
11481165 or illness covered by this act the Administrative Workers ’
11491166 Compensation Act;
11501167 40. 42. “Scheduled member” or “member” means hands, fingers,
11511168 arms, legs, feet, toes, and eyes. In addition, for purp oses of the
11521169 Multiple Injury Trust Fund only, “scheduled member” means hearing
11531170 impairment;
11541171 41. 43. “Scientifically based ” involves the application of
11551172 rigorous, systematic, and objective procedures to obtain reliable
11561173 and valid knowledge relevant to medical testing, diagnoses and
11571174 treatment; is adequate to justify the general conclusion s drawn; and
11581175 has been accepted by a peer -review journal or approved by a panel of
11591176 independent experts thro ugh a comparably rigor ous, objective, and
11601177 scientific review;
11611178 42. 44. “State average weekly wage” means the state avera ge
11621179 weekly wage determined by th e Oklahoma Employment Security
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11891180 Commission in the preceding calendar year. If such determination is
11901181 not available, the Commissio n shall determine the wage annually
11911182 after reasonable investigation;
11921183 43. 45. “Subcontractor” means a person, firm, corporation o r
11931184 other legal entity hired by the general or prime contractor to
11941185 perform a specific task for the completio n of a work-related
11951186 activity;
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11961214 44. 46. “Surgery” does not include an in jection, or the forcing
11971215 of fluids beneath the sk in, for treatment or diagnosis;
11981216 45. 47. “Surviving spouse” means the employee’s spouse by
11991217 reason of a legal marriage recognized by the S tate of Oklahoma or
12001218 under the requirements of a common law marriage in this state, as
12011219 determined by the Oklahoma Workers’ Compensation Commission;
12021220 46. 48. “Temporary partial disability ” means an injured
12031221 employee who is temporarily unable to perform his or her job, but
12041222 may perform alternative work offered by the employer;
12051223 47. 49. “Time of accident” or “date of accident” means the time
12061224 or date of the occurrence of the accidental incident from which
12071225 compensable injury, disability, or death results; and
12081226 48. 50. “Wages” means money compensation received for
12091227 employment at the tim e of the accident, including the reasonable
12101228 value of board, rent, housing, lodging, or s imilar advantage
12111229 received from the employer and includes the amount of tips required
12121230 to be reported by the employer under Section 6053 of the Internal
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12391231 Revenue Code and the regulations promulgated pursuant thereto or the
12401232 amount of actual tips reported, whic hever amount is greater.
12411233 SECTION 2. AMENDATORY 85A O.S. 2021, Section 3, is
12421234 amended to read as follows:
12431235 Section 3. A. Every employer and eve ry employee, unless
12441236 otherwise specifically provided in this act the Administrative
12451237 Workers’ Compensation Act, shall be subject and bo und to the
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12461265 provisions of the Administr ative Workers’ Compensation Act and ev ery
12471266 employer shall pay or prov ide benefits according to the provisions
12481267 of this act for the accidental compensable injury or death of an
12491268 employee arising out of and in the course of his or her employment,
12501269 without regard to fault for such injury, if the empl oyee’s contract
12511270 of employment was made or if the injury occurred within this state.
12521271 If an employee makes a claim for an injury in another jurisdicti on,
12531272 the employee is precluded f rom his or her right of action under t he
12541273 Administrative Workers ’ Compensation Act unless the Oklahoma
12551274 Workers’ Compensation Commission determines that there is a change
12561275 in circumstances that creates a good cause to bring the claim und er
12571276 the Administrative Workers ’ Compensation Act; provided, however,
12581277 that the employee may not rece ive duplicate benefits to those
12591278 received in the foreign jurisdiction and the employee ’s right to
12601279 bring a claim under this act shall be subject to the limitati ons
12611280 period for bringing a claim pursuant to paragraph 1 of subsection A
12621281 of Section 69 of this titl e. Nothing in this act the Administrative
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12891282 Workers’ Compensation Act shall be construed to conflict with a ny
12901283 valid Act of Congress governing the liability of employers for
12911284 injuries received by their empl oyees.
12921285 B. The State of Oklahom a accepts the provisions of the Acts of
12931286 Congress designated as 40 U.S .C., Section 3172, formerly 40 U.S.C. ,
12941287 Section 290, and her eby extends the territorial jurisdiction of the
12951288 Administrative Workers ’ Compensation Act of this state to all lands
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12961316 and premises within the exterior boundaries of this state which the
12971317 Government of the United States of America owns or holds by deed or
12981318 act of cession, and to all purchases, projects, buildings,
12991319 constructions, improvements and property w ithin the exterior
13001320 boundaries of this state belonging to the Government of the United
13011321 States of America, in the same manner and to the sa me extent as if
13021322 the premises were under the exclusive jurisdiction of this state,
13031323 subject only to the limitations place d thereon by the Acts of
13041324 Congress.
13051325 C. The Administrative Workers’ Compensation Act shall apply
13061326 only to claims for injuries and death based on accidents which occur
13071327 on or after February 1, 2014.
13081328 D. The Workers’ Compensation Code in effect before February 1,
13091329 2014, shall govern all right s in respect to claims for injuries and
13101330 death based on accidents occurring before February 1, 2014.
13111331 SECTION 3. AMENDATORY 85A O.S. 2021, Section 5, is
13121332 amended to read as follows:
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13391333 Section 5. A. The rights and remedies granted to an employee
13401334 subject to the provisions of the Administrative Workers ’
13411335 Compensation Act shall be exclusive o f all other rights and remedies
13421336 of the employee, his legal representative, dependents, next of kin,
13431337 or anyone else claiming rights to recovery on beha lf of the employee
13441338 against the employer, or any principal, officer, d irector, employee,
13451339 stockholder, partner, or prime contracto r of the employer on account
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13461367 of injury, illness, or death. Negligent acts of a co -employee may
13471368 not be imputed to the employer. No role, capacity, or persona of
13481369 any employer, principal, officer, d irector, employee, or stockholder
13491370 other than that existing in the role of employer of the employee
13501371 shall be relevant for consideration for purposes of this act the
13511372 Administrative Workers ’ Compensation Act, and the remedies and
13521373 rights provided by this act the Administrative Workers’ Compensation
13531374 Act shall be exclusive regardless of the multiple roles, capacities,
13541375 or personas the employer may be deemed t o have.
13551376 B. Exclusive remedy shall not apply if:
13561377 1. An employer fails to secure the payment of compensation due
13571378 to the employee as required by this act the Administrative Workers ’
13581379 Compensation Act. An injured employee, or his or her legal
13591380 representative in case death results f rom the injury, may, a t his or
13601381 her option, elect to claim compensation under this act the
13611382 Administrative Workers’ Compensation Act or to maintain a legal
13621383 action in court for damages on account of the injury or death; or
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13891384 2. The injury was caused by an intentional tort act committed
13901385 by the employer. An intentional tort act shall exist only when the
13911386 employee is injured as a result of willful, deliberate, specific
13921387 intent of the employer to cause suc h injury. Allegations or proof
13931388 that the employer had knowledge that the injury was substa ntially
13941389 certain to result from the employer’s conduct shall not constitute
13951390 an intentional tort. The employee shall plead facts that sh ow it is
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13961418 at least as likely as it is not that the employer acted with the
13971419 purpose of injuring the employee an employer who owns at least ten
13981420 percent (10%) of the business engages in or specifically directs the
13991421 act that is the proximate cause of the injury to the employee. An
14001422 employee or owner of less than ten percent (10%) of the business
14011423 shall not be released from liability pursua nt to this section if he
14021424 or she engaged in an intentional act that was the proximate cause of
14031425 the injury or death. The issue of whether an act is an intentional
14041426 tort shall be a question of law.
14051427 C. The immunity from civil liability described in subsection A
14061428 of this section shall apply regardless of whether the injured
14071429 employee is denied compensation or deemed ineligible to receiv e
14081430 compensation under this act the Administrative Workers ’ Compensation
14091431 Act.
14101432 D. If an employer has failed to secure the payment o f
14111433 compensation for his or her injured employee as provided for in this
14121434 act the Administrative Workers ’ Compensation Act, an injured
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14391435 employee, or his or her legal representative if death results from
14401436 the injury, may maintain an action in the distric t court for damages
14411437 on account of such injury.
14421438 E. The immunity created by the provisions of this section shall
14431439 not extend to action against another employer, or its employees, on
14441440 the same job as the injured or deceased worke r where such other
14451441 employer does not stand in the position of an intermediate or
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14461469 principal employer to the immediate employer of the inju red or
14471470 deceased worker.
14481471 F. The immunity created by the provisions of this section shall
14491472 not extend to action against a nother employer, or its employe es, on
14501473 the same job as the injured or deceased worker e ven though such
14511474 other employer may be considered as standing in the position of a
14521475 special master of a loaned servant where such special master neither
14531476 is the immediate employer of the injured or deceas ed worker nor
14541477 stands in the position of an intermediate or principal employer to
14551478 the immediate employer of the injured or deceased worker.
14561479 G. This section shall not be construed to abrogate the loaned
14571480 servant doctrine in any respect other than that descri bed in
14581481 subsection F of this section. Nothing in this act the
14591482 Administrative Workers’ Compensation Act shall be construed to
14601483 relieve the employer from any other penalty provided for in this act
14611484 the Administrative Workers ’ Compensation Act for failure to secure
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14881485 the payment of compensation under this act the Administrative
14891486 Workers’ Compensation Act.
14901487 H. For the purpose of extending the immu nity of this section,
14911488 any architect, professional engineer, or land surveyor shall be
14921489 deemed an intermedia te or principal employer for services performed
14931490 at or on the site of a construction project, but this immunity shall
14941491 not extend to the negligent prepa ration of design plans and
14951492 specifications.
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14961520 I. If the employer has failed to secure the payment of
14971521 compensation as provided in this act the Administrative Workers ’
14981522 Compensation Act or in the case of an intentional tort act, the
14991523 injured employee or his or her legal represent ative may maintain an
15001524 action either before the Commission or in the district court, but
15011525 not both.
15021526 SECTION 4. AMENDATORY 85A O.S. 202 1, Section 13, is
15031527 amended to read as follows:
15041528 Section 13. A. 1. A mental injury or illness is n ot a
15051529 compensable injury unless caused by a physical injury to the
15061530 employee, and shall not be considered an inju ry arising out of and
15071531 in the course and scope o f employment or compensable unless
15081532 demonstrated by a preponderance of the evidence; provided, howe ver,
15091533 that this physical injury limitation shall not apply to any victim
15101534 of a crime of violence .
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15371535 2. No mental injury or illness under this section shall be
15381536 compensable unless it is also diagnosed by a licensed psychiatrist
15391537 or psychologist and unless the dia gnosis of the condition meets the
15401538 criteria established in the most current issue of the Diagnostic and
15411539 Statistical Manual of Mental Disorders, Fifth Edition (DSM-5).
15421540 B. 1. Notwithstanding any other provision of this act the
15431541 Administrative Workers ’ Compensation Act, where a claim is for
15441542 mental injury or illness, the employee sha ll be limited to twenty -
15451543 six (26) weeks of disability benefits unless it is shown b y clear
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15461571 and convincing evidence that benefits should continue for a set
15471572 period of time, not to exceed a total of fifty -two (52) weeks.
15481573 2. a. In cases where death results direc tly from the mental
15491574 injury or illness within a period of one (1) year,
15501575 compensation shall be paid the dependents as provided
15511576 in other death cases unde r this act the Administrative
15521577 Workers’ Compensation Act.
15531578 b. Death directly or indirectly related to the mental
15541579 injury or illness occurring one (1) year or more from
15551580 the incident resulting in the mental injury or illness
15561581 shall not be a compensable injury.
15571582 SECTION 5. AMENDATORY 85A O.S. 2021, Section 30, is
15581583 amended to read as follows:
15591584 Section 30. A. For the purposes o f Sections 31 through 35 of
15601585 this title, the term “physically impaired person” means a person
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15871586 who, as a result of a ccident, disease, birth, military action, or
15881587 any other cause, has suffered:
15891588 1. The loss of the sight of one eye;
15901589 2. The loss by amputation o f the whole or a part of a member of
15911590 the body, or loss of use of more than thirty-five percent (35%) of a
15921591 member of the body proven by objective medical evidence; or
15931592 3. Any previous adjudications of compensable permanent partial
15941593 disability adjudged and de termined by the Workers’ Compensation
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15951621 Court, the Workers’ Compensation Court of Existing Claims or the
15961622 Oklahoma Workers’ Compensation Commission.
15971623 B. This section shall apply to all adjudications of Multiple
15981624 Injury Trust Fund claims in which the last injur y occurred on or
15991625 after July 1, 2019.
16001626 SECTION 6. AMENDATORY 85A O.S. 2021, Section 32, is
16011627 amended to read as follows:
16021628 Section 32. A. If an employee who is a “physically impaired
16031629 person” receives an accidental personal injury comp ensable under the
16041630 Administrative Workers ’ Compensation Act which results in additional
16051631 permanent disability so that the degree of disability caused by the
16061632 combination of both disabilities results in disability materially
16071633 greater than that which would have resulted from the subsequent
16081634 injury alone, the employee may proceed against the Multiple Injury
16091635 Trust Fund for permanent total disability. Only disability due to
16101636 an injury to the body as a whole at a subsequent employer shall be
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16371637 combinable with a prior bo dy disability, except that disability to a
16381638 member may be combined with disability to the body as a whole. If
16391639 such combined disabilities constitute permanent total disability, as
16401640 defined in Section 2 of this title, the employee shall receive full
16411641 compensation as provided by law for the disability resul ting
16421642 directly and specifically from the subsequent injury. In addition,
16431643 the employee shall receive c ompensation for permanent total
16441644 disability if the combination of injuries renders the employee
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16451672 permanently and totally disabled. The employer shall be lia ble only
16461673 for the degree of percent of disability which would ha ve resulted
16471674 from the subsequent injury if there had been no preexisting
16481675 impairment. The compensation rate for permanent total disability
16491676 awards from the Multiple Injury Trust Fund shall be the compensation
16501677 rate for permanent partial disability paid by the employer in the
16511678 last combinable compe nsable injury.
16521679 B. Permanent total disability awards from the Multiple Injury
16531680 Trust Fund shall be payable in periodic installments for a period of
16541681 eight (8) years or until the employee reaches sixty -five (65) years
16551682 of age, whichever period is longer.
16561683 C. Permanent total disability awards from the Multiple Injury
16571684 Trust Fund shall accrue from the file date of the order of the
16581685 Oklahoma Workers’ Compensation Commission finding the claimant to be
16591686 permanently and totally disabled.
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16861687 D. Before a physically impaired person c an proceed against the
16871688 Multiple Injury Trust Fund, the previously adjudicated compensable
16881689 permanent partial disability adjudged and determined by the Workers’
16891690 Compensation Court, the Workers ’ Compensation Court of Exis ting
16901691 Claims or the Oklahoma Workers’ Compensation Commission and the
16911692 permanent partial disability from the last injury must exceed fifty
16921693 percent (50%) to the body as a whole. However, amputations and loss
16931694 of use of a scheduled member qualifying as previous impairm ent under
16941695 paragraph 2 of subsection A of Section 30 of this title shall be
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16951723 considered in lieu of previously adjudicated compensa ble permanent
16961724 partial disability.
16971725 E. Awards under this section shall abate upon the death, from
16981726 any cause, of the employee.
16991727 F. Reopening any prior claim other than the last injury claim
17001728 against the employer shall not give a claimant the right to
17011729 additional Multiple Injury Trust Fund benefits.
17021730 G. The Multiple Injury Trust Fund shall have authority to
17031731 compromise a claim for less t han the indicated amount of permanent
17041732 total disability. Orders shall be paid in periodic installments
17051733 beginning on the date of the award, unless commuted to a lump -sum
17061734 payment or payments, by agreement of the claimant and the Multiple
17071735 Injury Trust Fund. All offers made by the Multiple Injury Trust
17081736 Fund pursuant to this section shall be conveyed by the claimant ’s
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17351737 attorney to the claimant within five (5) days of receipt of the
17361738 offer.
17371739 H. If an order is entered finding an employee to be permanently
17381740 totally disabled as a result of combined disabi lity, and such order
17391741 is the result of a compromised settlement, the employee is
17401742 thereafter prohibited from making an additional claim aga inst the
17411743 Multiple Injury Trust Fund. An attorney for a claimant against the
17421744 Multiple Injury Trust Fund shall be entitl ed to a fee equal to
17431745 twenty percent (20%) of permanent disability benefits awarded. The
17441746 attorney fee shall be paid in periodic installme nts by the attorney
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17451774 receiving every fifth check. All benefits awarded to the att orney
17461775 shall be vested at the time the award becomes final.
17471776 I. In the event a claimant receiving benefits for permanent and
17481777 total disability from the Multiple Injury Trust Fun d dies as a
17491778 result of his or her injury before the award has been fully paid,
17501779 payments shall continue to the surviving spouse for five (5) years
17511780 or upon remarriage, whichever occurs first. In no event shall
17521781 payments to the surviving spouse extend beyond t he period of
17531782 benefits awarded to the claimant.
17541783 SECTION 7. AMENDATORY 85A O.S. 2021, Section 3 5, is
17551784 amended to read as follows:
17561785 Section 35. A. 1. Every employer shall secu re compensation as
17571786 provided under this act the Administrative Workers’ Compensation Act
17581787 to its employees for compensable injuries without rega rd to fault.
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17851788 2. There shall be no liability for compe nsation under this act
17861789 the Administrative Workers ’ Compensation Act where the injury or
17871790 death was substantially occasioned by the willful intention as a
17881791 result of an intentional act of the injured employee to bring about
17891792 such compensable injury or death.
17901793 B. The primary obligation to pay compensation is on the
17911794 employer, and the procurement of a policy of insurance by an
17921795 employer to cover the obligation in respect to this act the
17931796 Administrative Workers ’ Compensation Act shall not relieve the
17941797 employer of the obligation.
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17951825 SECTION 8. AMENDATORY 85A O.S. 2 021, Section 40, is
17961826 amended to read as follow s:
17971827 Section 40. A. 1. Any employer who fails to secure
17981828 compensation required under the Administrative Workers ’ Compensation
17991829 Act, upon conviction, shall be guilty of a misdemeanor and subjec t
18001830 to a fine of up to Ten Thousand Dollars ($10,000.00) to be deposited
18011831 in the Workers’ Compensation Commission Revolving Fund.
18021832 2. This subsection shall not affect any other liability of the
18031833 employer under the Administrative Workers ’ Compensation Act.
18041834 B. 1. Whenever the Oklahoma Workers’ Compensation Commission
18051835 has reason to believe that any employer required to secure the
18061836 payment of compensati on under the Administrative Workers ’
18071837 Compensation Act has failed to do so, the Commission shall serve on
18081838 the employer a propos ed judgment declaring the employer to be in
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18351839 violation of the Administrative Workers’ Compensation Act and
18361840 containing the amount, i f any, of the civil penalty to be assessed
18371841 against the employer under pa ragraph 5 of this subsection.
18381842 2. a. An employer may contest a proposed judgment of the
18391843 Commission issued under paragraph 1 of this subsection
18401844 by filing with the Commission, within twen ty (20) days
18411845 of receipt of the proposed judgment, a written request
18421846 for a hearing.
18431847 b. The request for a hearing does not need to be in any
18441848 particular form but shall specify the grounds on which
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18451876 the person contests the proposed jud gment, the
18461877 proposed assessment, or both.
18471878 c. If a written request for hearing is not filed with the
18481879 Commission within the time specified in subp aragraph a
18491880 of this paragraph, the proposed judgment, the proposed
18501881 penalty or both, shall be a final judgment of the
18511882 Commission and shall not be subject to further review
18521883 by any court, except if the employer sho ws good cause
18531884 why it did not timely contest t he judgment or penalty
18541885 and terms of the proposed judgment shall be reflected
18551886 in an order signed by an administrative law judge of
18561887 the Commission.
18571888 d. A proposed judgment by the Commis sion under this
18581889 section shall be prima facie correct, and the burden
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18851890 is on the employer to prove that the proposed judgment
18861891 is incorrect If the employer objects to the proposed
18871892 judgment and requests a hearing, the Commission shall
18881893 prove by a preponderance of evidence each and every
18891894 allegation of law and fact contained in the proposed
18901895 judgment. The administrative law judge shall make
18911896 specific findings of fact and law.
18921897 3. a. If the employer alleges that a carrier has contracte d
18931898 to provide it workers’ compensation insurance coverage
18941899 for the period in question, the employer shall include
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18951927 the allegation in its request for hearing and shall
18961928 name the carrier.
18971929 b. The Commission shall promp tly notify the carrier of
18981930 the employer’s allegation and of the date of hearing.
18991931 c. The carrier shall promptly, and no later than five (5)
19001932 days before the hear ing, respond in writing to the
19011933 employer’s allegation by providing evidence of
19021934 coverage for the per iod in question or by
19031935 affirmatively denying t he employer’s allegation.
19041936 4. Hearings under this sectio n shall be procedurally conducted
19051937 as provided in Sections 69 through 78 of this title.
19061938 5. The Commission may assess a fine against an employer who
19071939 fails to secure the payment of compensation in an am ount up to One
19081940 Thousand Dollars ($1,000.00) per day of violation payable to the
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19351941 Workers’ Compensation Commission Revolving Fund, not to exceed a
19361942 total of Fifty Thousand Dollars ($50,000.00) for the first
19371943 violation.
19381944 6. If an employer fails to secure the pa yment of compensation
19391945 or pay any civil penalty assesse d against the employ er after a
19401946 judgment issued under this s ection has become final by operation of
19411947 law or on appeal, the Commission may petition the Oklahoma County
19421948 District Court or the district court of the county where the
19431949 employer’s principal place of business is located for an order
19441950 enjoining the employer fro m engaging in further employment until
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19451978 such time as the employer secures the payment of compensati on or
19461979 makes full payment of all civil penalti es.
19471980 7. Upon any penalty becoming final under this se ction, the
19481981 Commission may institute collection proceedings a gainst any assets
19491982 of the employer independently or in district court including, but
19501983 not limited to, an asset hearing, garnishment of income and wages,
19511984 judgment lien or an intercept of an income ta x refund consistent
19521985 with Section 205.2 of Title 68 of the O klahoma Statutes. The
19531986 collection proceedings shall be f iled in the county in which the
19541987 principal office of the employer is located. The clerk of the
19551988 Commission shall have the auth ority to certify a final order in
19561989 which a penalty has been assessed. Such certification shall be
19571990 necessary to invoke the jurisdictio n of the district court.
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19841991 8. Information subject to subsection A or B of Section 4 -508 of
19851992 Title 40 of the Oklahoma Statutes may be disclosed to the em ployees
19861993 of the Commission for purposes of investigati on and enforcement of
19871994 workers’ compensation coverage requirements pursuant to this title,
19881995 and such information shall be admissible in any hearing before an
19891996 administrative law judge of the Commission.
19901997 9. Litigation files and investigatory reports of the Commission
19911998 arising from enforcement of the provisions of this section shall be
19921999 confidential pursuant to Section 24A.12 of Title 51 of the Oklahoma
19932000 Statutes.
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19942028 SECTION 9. AMENDATORY 85A O.S. 2021, Section 45, is
19952029 amended to read as follows:
19962030 Section 45. A. Temporary Total Disability.
19972031 1. If the injured employee is temporarily unable to perform his
19982032 or her job or any alternative work offered by the employer, he or
19992033 she shall be entitled to receive compensation equal to seventy
20002034 percent (70%) of the injured employee’s average weekly wage, but not
20012035 to exceed the state average weekly wage, for one hundred fifty -six
20022036 (156) weeks. Provided, there shall be no payment for the first
20032037 three (3) days of the initial period o f temporary total disability.
20042038 If an administrative law judge finds that a consequ ential injury has
20052039 occurred and that additional time is needed to reach maximum medical
20062040 improvement, temporary total disability may continue for a period of
20072041 not more than an additional fifty-two (52) weeks. Suc h finding
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20342042 shall be based upon a showing of med ical necessity by clear and
20352043 convincing evidence. An employer shall have the right to recover
20362044 any overpayment of temporary total disability payments from a
20372045 subsequent permanent partial disability award if the o ffset is
20382046 deemed justified by the Oklahoma Workers’ Compensation Commission.
20392047 2. When the injured employee is released from active medical
20402048 treatment by the treating physician for all body parts found by the
20412049 Commission to be injure d, or in the event that the employee, without
20422050 a valid excuse, misses three consecutive medical treatment
20432051 appointments, fails to comply with medical orders of the treating
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20442079 physician, or otherwise abandons medical care, the employer shall be
20452080 entitled to terminate temporary total disab ility by notifying the
20462081 employee, or if represented, his or her counsel. If, however, an
20472082 objection to the termination is filed by the employee within ten
20482083 (10) days of termination, the Commission shall set the matter within
2049-twenty (20) days for a determinat ion if temporary total disability
2050-compensation shall be reinstated. The temporary to tal disability
2051-shall remain terminated until such time as the employee complies
2052-with medical orders of the treating physician. Notwithstanding the
2053-provisions of this para graph, benefits under this subsection shall
2054-be permanently terminated by order of the Commission if the employee
2055-is noncompliant or abandons treatment for sixty (60) days, or if
2056-benefits under this subsection have been suspended under this
2057-paragraph at least two times. The administrative law judge may
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2084-appoint an independent medical examin er to determine if further
2085-medical treatment is reasonable and necessary. The independent
2086-medical examiner shall not provide treatment to the i njured worker,
2087-unless agreed upon by the parties.
2088-B. Temporary Partial Disability .
2089-1. If the injured employee is temporarily unable to perform his
2090-or her job, but may perform alternative work offered by the
2091-employer, he or she shall be entitled to receiv e compensation equal
2092-to seventy percent (70%) of the difference between the injure d
2093-employee’s average weekly wage before the injury and his or her
2094-weekly wage for performing alternative work after the injury, but
2095-only if his or her weekly wage for perform ing the alternative work
2096-is less than the temporary total disability rate. The in jured
2097-employee’s actual earnings plus temporary partial disability
2098-compensation shall not exceed the temporary total disability rate.
2099-2. Compensation under this subsection m ay not exceed fifty-two
2100-(52) weeks.
2101-3. If the employee refuses to perform the alt ernative work
2102-offered by the employee, he or she shall not be entitled to benefits
2103-under subsection A of this section or under this section.
2104-C. Permanent Partial Disability.
2105-1. A permanent partial di sability award or combination of
2106-awards granted an inju red worker may not exceed a pe rmanent partial
2107-disability rating of one hundred percent (100%) to any body part or
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2134-to the body as a whole. The determination of permanent part ial
2135-disability shall be the responsibility of the Commission through its
2136-administrative law judges. Any claim b y an employee for
2137-compensation for permanent partial disability must be supported by
2138-competent medical testimony of a medical doctor, osteopathi c
2139-physician, or chiropracto r, and shall be supported by objective
2140-medical findings, as defined in this act the Administrative Workers’
2141-Compensation Act. The opinion of the physician shall include
2142-employee’s percentage of permanent partial disability and whether or
2143-not the disability is job-related and caused by the accidental
2144-injury or occupational disease . A physician’s opinion of the nature
2145-and extent of permanent partial disability to parts of the body
2146-other than scheduled members must be based solely on criteria
2147-established by the Sixth Edition of the American Medical
2148-Association’s “Guides to the Evaluation of Permanent Im pairment”. A
2149-copy of any written evaluation shall be sent to both parties within
2150-seven (7) days of issuance. Medical opinions addressing
2151-compensability and p ermanent disability must be stated within a
2152-reasonable degree of medical cer tainty. Any party ma y submit the
2153-report of an evaluat ing physician.
2154-2. Permanent partial disability shall not be allowed to a part
2155-of the body for which no medical treatment has been received. A
2156-determination of permanent partial disability made by the Commission
2157-or administrative law judge which is not su pported by objective
2158-
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2184-medical findings provided by a treating physician who is a medical
2185-doctor, doctor of osteopathy, chiropra ctor or a qualified
2186-independent medical examiner shall be considered an abus e of
2187-discretion.
2188-3. The examining physician shall not deviate from the Guides
2189-except as may be specifically provided for in the Guides.
2190-4. In cases of permanent partial disabilit y, the compensation
2191-shall be seventy percent (70%) of the employee ’s average weekly
2192-wage, not to exceed Three Hundred Fifty Dollar s ($350.00) per week
2193-which shall increase to Three Hundred Sixty Dollars ($360.00) per
2194-week on July 1, 2021 ,. Beginning on or after January 1, 2024,
2195-compensation for permanent partial disabi lity shall be seventy
2196-percent (70%) of the employee’s average weekly wage, not to exceed an
2197-amount equal to forty percent (40%) of the state ’s average weekly
2198-wage, rounded to the nearest doll ar. Rates are to be subsequently
2199-adjusted January 1, annually for injuries occurring on or a fter the
2200-date of the adjustmen t. Rates shall be established for each claim
2201-based upon the date of injury for a term not to exceed a total of
2202-three hundred sixty ( 360) weeks for the body as a whole.
2203-5. Assessments pursuant to Sections 3 1, 98 and 122 of this
2204-title shall be calculated based upon the amount of the permanent
2205-partial disability award.
2206-6. Previous Disability: The fact that an employee has suffered
2207-previous disability or received compensation therefor shall not
2208-
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2234-preclude the employee from compensati on for a later accidental
2235-personal injury or occupational disease. In the event there exists
2236-a previous permanent partial disability, including a previous non -
2237-work-related injury or condition which produced permanent partial
2238-disability and the same is agg ravated or accelerated by an
2239-accidental personal injury or occupational disease, compensation for
2240-permanent partial disability shall be only for such amount as was
2241-caused by such accidental personal injury or occupational disease
2242-and no additional compensa tion shall be allowed for the p reexisting
2243-disability or impairment. Any such reduction shall not apply to
2244-temporary total disability, nor shall it apply to co mpensation for
2245-medical treatment. If workers ’ compensation benefits have
2246-previously been awarded through settlement or judicial or
2247-administrative determination in Oklahoma, the percentage basis of
2248-the prior settlement or award shall conclusively establish the
2249-amount of permanent partial disability determined to be preexisting.
2250-If workers’ compensation benefits have not previously been awarded
2251-through settlement or judicial or administrative determination in
2252-Oklahoma, the amount of preexisting permanent pa rtial disability
2253-shall be established by competent evidence and determined by the
2254-Commission.
2255-7. No payments on any permanent p artial disability order shall
2256-begin until payments on any preexisting permanent partial disability
2257-orders have been completed.
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2284-8. The whole body shall represent a maximum of three hundred
2285-sixty (360) weeks.
2286-9. The permanent partial disability rate of com pensation for
2287-amputation or permanent total loss of use of a scheduled member
2288-specified in Section 46 of this title shall be sev enty percent (70%)
2289-of the employee’s average weekly wage, not to exceed Th ree Hundred
2290-Fifty Dollars ($350.00), with an increase to Three Hundred Sixty
2291-Dollars ($360.00) on July 1, 2021,. Beginning on or after January 1,
2292-2024, compensation for permanent pa rtial disability shall be seventy
2293-percent (70%) of the employee’s average weekly wage, not to exceed an
2294-amount equal to forty pe rcent (40%) of the state’s average weekly
2295-wage, rounded to the nearest dollar. Rates are to be subsequently
2296-adjusted January 1, annually for injuries occurring on or after the
2297-date of the adjustment. Rates shall be established for each claim
2298-based upon the date of injury and multiplied by the number of weeks
2299-set forth for the member in Section 46 of this title, regardless of
2300-whether the injured employee is able to return to his or her pre -
2301-injury or equivalent job.
2302-10. An injured employee who is eligible for p ermanent partial
2303-disability under this subsection shall be entitled to receive
2304-vocational rehabilitation services provided by a technology center
2305-or public secondary school offering vocational -technical education
2306-courses, or a member institution of The Okl ahoma State System of
2307-Higher Education, which shall include retraining and job placement
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2334-to restore the employee to gainful employment. Vocational
2335-rehabilitation services or training shall not extend f or a period of
2336-more than fifty-two (52) weeks.
2337-D. Permanent Total Disability.
2338-1. In case of total disability adjudged to be permanent,
2339-seventy percent (70%) of the employee ’s average weekly wages, but
2340-not in excess of the state ’s average weekly wage, sha ll be paid to
2341-the employee during the continuance of t he disability until such
2342-time as the employee reaches the age of maximum Social Security
2343-retirement benefits or for a perio d of fifteen (15) years, whichever
2344-is longer. In the event the claimant dies o f causes unrelated to
2345-the injury or illness, benefits shall cease on the date of death.
2346-Provided, however, any person entitled to revive the action shall
2347-receive a one-time lump-sum payment equal to twenty-six (26) weeks
2348-of weekly benefits for permanent t otal disability awarded the
2349-claimant. If more than on e person is entitled to revive the claim,
2350-the lump-sum payment shall be evenly divided between or among such
2351-persons. In the event the Commission awards both permanent partial
2352-disability and permanent total disability benefits, the permanent
2353-total disability award shall not be due until the permanent partial
2354-disability award is paid in full. If otherwise qualified according
2355-to the provisions of this act the Administrative Workers ’
2356-Compensation Act, permanent total disab ility benefits may be award ed
2357-to an employee who ha s exhausted the maximum period of temporary
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2383-
2384-total disability even though the employee has not reached maximu m
2385-medical improvement.
2386-2. The Oklahoma Workers’ Compensation Commission shall annually
2387-review the status of any employee receiving b enefits for permanent
2388-total disability against the las t employer. The Commission shall
2389-require the employee to annually fi le an affidavit under penalty of
2390-perjury stating that he or she is not and has not been gainfully
2391-employed and is not capable of gain ful employment. Failure to file
2392-such affidavit shall result in suspension of benefits; provided,
2393-however, reinstatement of benefits may occur after proper hearing
2394-before the Commission.
2395-E. 1. The Oklahoma Workers’ Compensation Commission may hire
2396-or contract for a Vocational Rehabilita tion Director to oversee the
2397-vocational rehabilitation program of the Commission.
2398-2. Upon the request of either party, an administrative law
2399-judge shall determine if it is appropriate fo r a claimant to receive
2400-vocational rehabilita tion training or service s. If appropriate, the
2401-administrative law judge shall refer the employee to a qualified
2402-expert for evaluation of the practicability of, need for and kind of
2403-rehabilitation services or tr aining necessary and appropriate in
2404-order to restore the employee to gainful employment. The cost of
2405-the evaluation shall be paid by the employer.
2406-3. Upon receipt of such report, and after affording all parties
2407-an opportunity to be heard, the administrat ive law judge shall order
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2434-that any rehabilitation services or trainin g, recommended in the
2435-report, or such other rehabilitation services or training as the
2436-administrative law judge may deem necessary, provided the employee
2437-elects to receive such services, shall be provided at the expense of
2438-the employer. Except as otherwis e provided in this subsection,
2439-refusal to accept rehabilitation services by the employee s hall in
2440-no way diminish any benefits allowable to an employee.
2441-4. The administrative law judge m ay order vocational
2442-rehabilitation before the injured employee reache s maximum medical
2443-improvement, if the treating physician believes that it is likely
2444-that the employee’s injury will prevent the employee from returning
2445-to his or her former employment. I n granting early benefits for
2446-vocational rehabilitation, the Commissi on shall consider temporary
2447-restrictions and the likelihood that such rehabilitation will return
2448-the employee to gainful employment earlier than if such benefits are
2449-granted after the per manent partial disability hearing in the clai m.
2450-5. Vocational rehabi litation services or training shall not
2451-extend for a period of more than fifty-two (52) weeks. A request
2452-for vocational rehabilitation services or training shall be filed
2453-with the Commission by an interested party not later than si xty (60)
2454-days from the date of receiving permanent dis ability that prevents
2455-the injured employee from returning to his or her pre-injury or
2456-equivalent position.
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2482-
2483-6. If rehabilitation requires residence at or nea r the facility
2484-or institution which is away f rom the employee’s customary
2485-residence, reasonable cos t of the employee’s board, lodging, travel,
2486-tuition, books and necessary equipment in training shall be paid for
2487-by the insurer in addition to weekly compens ation benefits to which
2488-the employee is other wise entitled under the Administrative Workers ’
2489-Compensation Act.
2490-7. During the period when an employee is active ly and in good
2491-faith being evaluated or participating in a retraining or job
2492-placement program fo r purposes of evaluating permanent total
2493-disability status, the emplo yee shall be entitled to recei ve
2494-benefits at the same rate as the employee’s temporary total
2495-disability benefits for an additional fifty -two (52) weeks. All
2496-tuition related to vocational rehabilitation services shall be paid
2497-by the employer or the employe r’s insurer on a periodic basi s
2498-directly to the facility providing the vocational rehabili tation
2499-services or training to the employee.
2500-F. Disfigurement.
2501-1. If an injured employee incurs serious and permanent
2502-disfigurement to any p art of the body, the Com mission may award
2503-compensation to the injured employee in an amount not to exceed
2504-Fifty Thousand Dollars ($50,000.00).
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2531-2. No award for disfigurement shall be entered until twelve
2532-(12) months after the injury unless the treating phy sician deems the
2533-wound or incision to be fully healed.
2534-3. An injured employee shall not be entitled to compensati on
2535-under this subsection if he or she receives an award for permanent
2536-partial disability to the s ame part of the body.
2537-G. Benefits for a sing le-event injury shall be determined by
2538-the law in effect at the time of injury. Benefits for a cumulative
2539-trauma injury or occupational disease or illness shall be determined
2540-by the law in effect at the time th e employee knew or reasonably
2541-should have known that the injury, occu pational disease or illness
2542-was related to work activity. Benefits for death shall be
2543-determined by the law in effect at the time of death.
2544-SECTION 10. AMENDATORY 85A O.S. 2021, Section 46, is
2545-amended to read as follows:
2546-Section 46. A. An injured employee wh o is entitled to receive
2547-permanent partial disability compen sation under Section 45 of this
2548-title shall receive compensation for each part of the body in
2549-accordance with the number of weeks for the sche duled loss set forth
2550-below.
2551-1. Arm amputated at the e lbow, or between the elbow and
2552-shoulder, two hundred seventy -five (275) weeks;
2553-2. Arm amputated between the elbow and wrist, two hundred
2554-twenty (220) weeks;
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2580-
2581-3. Leg amputated at the knee, or between th e knee and the hip,
2582-two hundred seventy-five (275) weeks;
2583-4. Leg amputated between the knee and the ankle, two hu ndred
2584-twenty (220) weeks;
2585-5. Hand amputated, two hundred twenty (220) weeks;
2586-6. Thumb amputated, sixty-six (66) weeks;
2587-7. First finger ampu tated, thirty-nine (39) weeks;
2588-8. Second finger amput ated, thirty-three (33) weeks;
2589-9. Third finger amputated, t wenty-two (22) weeks;
2590-10. Fourth finger amputated, seventeen (17) weeks;
2591-11. Foot amputated, tw o hundred twenty (220) weeks;
2592-12. Great toe amputated, thirty-three (33) weeks;
2593-13. Toe other than great toe amputated, eleven (11) weeks;
2594-14. Eye enucleated, in which there was useful vision, two
2595-hundred seventy-five (275) weeks;
2596-15. Loss of hearing o f one ear, one hundred ten (110) weeks;
2597-16. Loss of hearing of both ears, three hundred thirty (33 0)
2598-weeks; and
2599-17. Loss of one testicle, fifty -three (53) weeks; loss of both
2600-testicles, one hundred fifty -eight (158) weeks.
2601-B. The permanent partial disab ility rate of compensation for
2602-amputation or permanent total loss of use of a scheduled member
2603-specified in this section shall be seventy percent (70%) of the
2604-employee’s average weekly wage, not to exceed Three Hundred Fifty
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2630-
2631-Dollars ($350.00) with an incre ase to Three Hundred Sixty Dollars
2632-($360.00) on July 1, 2021,. Beginning on or after January 1, 2024,
2633-compensation for permanent partial disability shall be s eventy
2634-percent (70%) of the employee’s average weekly wage, not to exceed
2635-an amount equal to fort y percent (40%) of the state ’s average weekly
2636-wage, rounded to the nearest dollar. Rates are to be subsequently
2637-adjusted January 1, annually for injuries occu rring on or after the
2638-date of the adjustment. Rates shall be established for each claim
2639-based upon the date of injury and multiplied by the number of weeks
2640-as set forth in this section, regardless of whether or not the
2641-injured employee is able to return t o his or her pre-injury job.
2642-C. Other cases: In cases in which the Oklahoma Workers’
2643-Compensation Commission finds an injury to a part of the body not
2644-specifically covered by the fore going provisions of this secti on,
2645-the employee may be entitled to compe nsation for permanent part ial
2646-disability. The compensation ordered paid shall be seventy percent
2647-(70%) of the employee ’s average weekly wage, not to exceed Thr ee
2648-Hundred Fifty Dollars ($350.00) with an increase to Three Hundred
2649-Sixty Dollars ($360.00) on July 1, 2021,. Beginning January 1,
2650-2024, an amount equal to forty percent (40%) of the state ’s average
2651-weekly wage, rounded to the nearest whole dollar. Rate s are to be
2652-subsequently adjusted January 1, annually, for injuries occurring on
2653-or after the date of the adjustment for the number of weeks which
2654-
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2679-
2680-the partial disability of the employee bears t o three hundred fifty
2681-(350) three hundred sixty (360) weeks.
2682-D. 1. Compensation for amputat ion of the first phalang e of a
2683-digit shall be one-half (1/2) of the compensation for the amputati on
2684-of the entire digit.
2685-2. Compensation for amputation of more th an one phalange of a
2686-digit shall be the same as for amputation of th e entire digit.
2687-E. 1. Compensation for the perm anent loss of eighty percent
2688-(80%) or more of the vision of an eye shall be the same as for the
2689-loss of an eye.
2690-2. In all cases of permane nt loss of vision, the use of
2691-corrective lenses may be taken into co nsideration in evaluating the
2692-extent of loss of vision.
2693-F. Compensation for amputation or loss of use of two or more
2694-digits or one or more phalanges of two or more digits of a hand or a
2695-foot may be proportioned to the total loss of use of the hand or the
2696-foot occasioned thereby b ut shall not exceed the compen sation for
2697-total loss of a hand or a foot.
2698-G. Compensation for per manent total loss of use of a member
2699-shall be the same as for ampu tation of the member.
2700-H. The sum of all permanent partial disabilit y awards,
2701-excluding awards against the Multiple Injury Trust Fund, shall not
2702-exceed three hundred fifty (350) three hundred sixty (360) weeks.
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2728-
2729-SECTION 11. AMENDATORY 85A O.S. 2021, Section 47, is
2730-amended to read as follows:
2731-Section 47. A. Time of death. If death does not result within
2732-one (1) year from the date of the accident or within the first t hree
2733-(3) years of the period for compensation payments fixed by th e
2734-compensation judgment, a rebuttable presumption shall arise that t he
2735-death did not result f rom the injury.
2736-B. Common law spouse. A common law spouse shall not be
2737-entitled to benefits und er this section unless he or she obtains an
2738-order from the Oklahoma Workers’ Compensation Commission ruling that
2739-a common law marriage existed between the decedent and the surviving
2740-spouse. The ruling by the Commission shall be exclusive in regard
2741-to benefits under this section regardless of any district court
2742-decision regarding the probate of the decedent ’s estate.
2743-C. Beneficiaries - Amounts. If an injury or occupati onal
2744-illness causes death, weekly income benefits shall be payable as
2745-follows:
2746-1. If there is a surviving spouse, a lump -sum payment of One
2747-Hundred Thousand Dollars ($100,000.00) and seventy percent (70%) of
2748-the lesser of the dece ased employee’s average weekly wage and the
2749-state average weekly wage. In addition to the benefits theretofore
2750-paid or due, two (2) years ’ indemnity benefit in one lump sum shall
2751-be payable to a surviving spouse upon remarriage;
2752-
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2777-
2778-2. If there is a survivin g spouse and a child or c hildren, a
2779-lump-sum payment of Twenty-five Thousand Dollars ($25,000.00) and
2780-fifteen percent (15%) of the lesser of the deceased employee ’s
2781-average weekly wage and the state average weekly wage to each child.
2782-If there are more tha n two children, each chil d shall receive a pro
2783-rata share of Fifty Thousand Dollars ($50,000.00) and thirty perce nt
2784-(30%) of the deceased employee ’s average weekly wage;
2785-3. If there is a child or children and no surviving spouse, a
2786-lump-sum payment of Twenty-five Thousand Dollars ($25,000.00) and
2787-fifty percent (50%) of the lesser of the deceased employee’s average
2788-weekly wage and the state average weekly wage to each child. If
2789-there are more than two children, each child shall receive a pro
2790-rata share of one hundred percent (100% ) of the lesser of the
2791-deceased employee’s average weekly wage and the state average wee kly
2792-wage. With respect to the lump -sum payment, if there are more than
2793-six children, each child shall receive a pro rata share of One
2794-Hundred Fifty Thousand Dollars ($ 150,000.00);
2795-4. If there is no surviving spouse or children, each legal
2796-guardian, if financially dependent on the employee at the time of
2797-death, shall receive twenty-five percent (25%) of the lesser of the
2798-deceased employee’s average weekly wage and the s tate average weekly
2799-wage until the earlier of death, becoming eligible for Social
2800-Security, obtaining full-time employment, or five (5) years from the
2801-date benefits under this section begin If there is no surviving
2802-
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2827-
2828-spouse or children, Five Thousand Dollars ($5,000.00) shall be paid
2829-to the parents and shall be divided to share and share alike;
2830-5. If there is no surviving spouse, children , or parents, to
2831-the brothers, sisters, grandparents, and grandchildren shall be paid
2832-Five Thousand Dollars ($5,000.00). If there should be more than one
2833-of such dependents, the total benefits payable for the benefit of
2834-such dependents shall be divided to share and share ali ke;
2835-6. If there is no surviving spouse, children, parents,
2836-brothers, sisters, grandparents, or grandchildren, to each legal
2837-guardian, if financially dependent on the employee at the time of
2838-death and upon proof of pecuniary loss shall receive an amount no t
2839-to exceed Five Thousand Dollars ($5 ,000.00); and
2840-5. 7. The employer shall pay the actual funeral expen ses, not
2841-exceeding the sum of Ten Thousand Dollars ($10,000.00).
2842-D. The weekly income benefits payable to the surviving spouse
2843-under this section shal l continue while the surviving spouse remains
2844-unmarried. In no event shall this spousal weekly income be nefit be
2845-diminished by the awa rd to other beneficiaries. The weekly income
2846-benefits payable to any child under this section shall terminate on
2847-the earlier of death, marriage, or reaching the age of eighteen
2848-(18). However, if the child turns eighteen (18) and is:
2849-1. Enrolled as a ful l-time student in high school or is being
2850-schooled by other means pursuant to the Oklahoma Constitution;
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2876-
2877-2. Enrolled as a full-time student in any accredited
2878-institution of higher education or vocatio nal or technology
2879-education; or
2880-3. Physically or menta lly incapable of self-support,
2881-then he or she may co ntinue to receive weekly income benefits under
2882-this section until the earlier of reaching the age of twenty -three
2883-(23) or, with respect to paragraphs 1 and 2 of this subsecti on, no
2884-longer being enrolled a s a student, and with respect to paragraph 3
2885-of this subsection, becoming capable of self -support.
2886-E. If any member of t he class of beneficiaries who receive a
2887-pro rata share of weekly income benefits becomes ineligible to
2888-continue to receive benefits, th e remaining members of the class
2889-shall receive adjusted weekly income benefits equal to the new class
2890-size.
2891-F. To receive benefits under this section, a beneficiary or his
2892-or her guardian, if applicab le, shall file a proof of loss form with
2893-the Commission. All questions of dependency shall be determined a s
2894-of the time of the injury. The employer shall initiate payment of
2895-benefits within fifteen (15) days of the Commission ’s determination
2896-of the proper beneficiaries. The Com mission shall appoint a
2897-guardian ad litem to represent known and unknown minor chi ldren and
2898-the guardian ad litem shall be paid a reasonable fee for hi s or her
2899-services.
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2925-
2926-SECTION 12. AMENDATORY 85A O.S. 2021 , Section 50, is
2927-amended to read as follows:
2928-Section 50. A. The employer shall promptly provide an injured
2929-employee with medical, surgical, hospital, optometric, podiatric,
2930-chiropractic and nursing services, along with any medicine,
2931-crutches, ambulatory devices, artificial limbs , eyeglasses, contact
2932-lenses, hearing aids, and other apparatus as may be reasonably
2933-necessary in connection with the injury received by the employee.
2934-The employer shall have the right to choose the treating physician
2935-or chiropractor.
2936-B. If the employer fails or neglects to provide m edical
2937-treatment within five (5) days after actual know ledge is received of
2938-an injury, the injured employee may select a physician or
2939-chiropractor to provide medical treatment at the expense of the
2940-employer; provided, however, that the injured employee, or another
2941-in the employee’s behalf, may obtain emergency treatment at the
2942-expense of the employer where such emergency tre atment is not
2943-provided by the employer.
2944-C. Diagnostic tests shall not be repeat ed sooner than six (6)
2945-months from the date of the test unless agreed to by the parties or
2946-ordered by the Commission for good cause shown.
2947-D. Unless recommended by the treatin g doctor or chiropractor at
2948-the time claimant reaches maximum medical improvemen t or by an
2949-independent medical examiner, continuing med ical maintenance shall
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2976-not be awarded by the Commission . The employer or insurance carrier
2977-shall not be responsible for continuing medical maintenance or pain
2978-management treatment that is outside the parameters established by
2979-the Physician Advisory Commit tee or ODG. The employer or insurance
2980-carrier shall not be responsible for continuing medical maintenance
2981-or pain management treatment not previously ordered by the
2982-Commission or approved in advance b y the employer or insuran ce
2983-carrier.
2984-E. An employee claiming or entitled to benefits under the
2985-Administrative Workers’ Compensation Act this act, shall, if ordered
2986-by the Commission or requested by the employer or insurance carrier,
2987-submit himself or hers elf for medical examinati on. If an employee
2988-refuses to submit himself or herself to examination, his or her
2989-right to prosecute any proceeding under the Administrative Workers ’
2990-Compensation Act this act shall be suspended, and no compensation
2991-shall be payable for the period of suc h refusal.
2992-F. For compensable injuries resulting in the use of a medical
2993-device, ongoing service for the medical device shall be provided in
2994-situations including, but not limited to, medical device battery
2995-replacement, ongoing med ication refills related t o the medical
2996-device, medical device repair, or medical device replacement.
2997-G. The employer shall reimburse the employee for the actual
2998-mileage in excess of twenty (20) miles round trip to and from the
2999-employee’s home to the location of a medical service provider for
3000-
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3025-
3026-all reasonable and necessary treatment, for an evaluation of an
3027-independent medical examiner and for any evaluation made at the
3028-request of the employer or insurance carrier. The rate of
3029-reimbursement for such travel e xpense shall be the offic ial
3030-reimbursement rate as esta blished by the State Travel Reimbursement
3031-Act. In no event shall the reimbursement of travel for medical
3032-treatment or evaluation exceed six hundred (600) miles round trip.
3033-H. Fee Schedule.
3034-1. The Commission shall conduct a review and update of the
3035-Current Procedural Terminology (CPT) in the Fee Schedule eve ry two
3036-(2) years pursuant to the provisions of paragraph 14 of thi s
3037-subsection. The Fee Schedule shall establish the maximum rates that
3038-medical providers shall be reimbur sed for medical care provided to
3039-injured employees including, but not limited to, cha rges by
3040-physicians, chiropractors, dentists, counselors, hospitals ,
3041-ambulatory and outpatient facilities, clinical laboratory services,
3042-diagnostic testing services, and am bulance services, and charges for
3043-durable medical equipment, prosthetics, orthotics, and supplies.
3044-The most current Fee Schedule established by the Ad ministrator of
3045-the Workers’ Compensation Court prior to February 1, 2014, shall
3046-remain in effect, unless or until the Legislature appro ves the
3047-Commission’s proposed Fee Schedule.
3048-2. Reimbursement for medical care shall be prescribed and
3049-limited by the Fee Schedule. The director of the Employees Group
3050-
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3075-
3076-Insurance Division of the Office of Management and Enterp rise
3077-Services shall provide th e Commission such information as may be
3078-relevant for the development of the Fee Schedule. The Commission
3079-shall develop the Fee Schedule in a manner in which quality of
3080-medical care is assured and main tained for injured employ ees. The
3081-Commission shall giv e due consideration to additional requirements
3082-for physicians treating an injured worker under the Administrative
3083-Workers’ Compensation Act, including, but not limited to,
3084-communication with claims rep resentatives, case manage rs, attorneys,
3085-and representatives of employers, and the additional time required
3086-to complete forms for the Commission, insurance carriers, and
3087-employers.
3088-3. In making adjustments to the Fee Schedule, the Commission
3089-shall use, as a benchmark, the reimburs ement rate for each Current
3090-Procedural Terminology (CPT) code provided for in the fee schedule
3091-published by the Centers for Medicare and Medicaid Servi ces of the
3092-U.S. Department of Health and Human Services for use in Oklahoma
3093-(Medicare Fee Schedule) on th e effective date of this secti on,
3094-workers’ compensation fee schedules employed by nei ghboring states,
3095-the latest edition of “Relative Values for Physic ians” (RVP), usual,
3096-customary and reasonable medical payments to workers ’ compensation
3097-health care providers in the same trade area for comparable
3098-treatment of a person with similar injuries , and all other data the
3099-Commission deems relevant. For services not valued by CMS, the
3100-
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3126-Commission shall establish values based on the usual, cus tomary and
3127-reasonable medical payments to health care p roviders in the same
3128-trade area for comparable treatmen t of a person with similar
3129-injuries.
3130-a. No reimbursement shall be allowed for any magnetic
3131-resonance imaging (MRI) unless the MRI is provided by
3132-an entity that meets Medic are requirements for the
3133-payment of MRI services or is accredited by the
3134-American College of Radiology, the Intersocietal
3135-Accreditation Commission or t he Joint Commission on
3136-Accreditation of Healthcare Organizations . For all
3137-other radiology procedures, th e reimbursement rate
3138-shall be the lesser of the reimbursement rate allowed
3139-by the 2010 Oklahoma Fee Schedule and two hundred
3140-seven percent (207%) of th e Medicare Fee Schedule.
3141-b. For reimbursement of medical services for Evaluation
3142-and Management of injure d employees as defined in the
3143-Fee Schedule adopted by the Commission, the
3144-reimbursement rate shall not be less than one hundred
3145-fifty percent (150%) of the Medicare Fee Schedule.
3146-c. Any entity providing durable medical equipment,
3147-prosthetics, orthotics or supplies shall be accredited
3148-by a CMS-approved accreditation organization. If a
3149-physician provides durable medical equipment,
3150-
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3175-
3176-prosthetics, orthotics, prescription drugs, or
3177-supplies to a patient ancillary to the patient ’s
3178-visit, reimbursement shall be no more than ten percent
3179-(10%) above cost.
3180-d. The Commission shall develop a reasonable stop-loss
3181-provision of the Fee Schedule to provide for adequate
3182-reimbursement for treatment for major burns, severe
3183-head and neurological injuries , multiple system
3184-injuries, and other catastrophic inju ries requiring
3185-extended periods of intensive care. An employer or
3186-insurance carrier shall have the right to audit the
3187-charges and question the reasonableness and necessity
3188-of medical treatment contain ed in a bill for treatmen t
3189-covered by the stop-loss provision.
3190-4. The right to recover charges for every type of medical care
3191-for injuries arising out of and in the course of covered employment
3192-as defined in the Administrative Workers ’ Compensation Act shall lie
3193-solely with the Commission. When a medical car e provider has
3194-brought a claim to the Commission to obt ain payment for services, a
3195-party who prevails in full on the clai m shall be entitled to
3196-reasonable attorney fees.
3197-5. Nothing in this section sha ll prevent an employer, i nsurance
3198-carrier, group self-insurance association, or certified workplace
3199-medical plan from contracting with a provider of medical care for a
3200-
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3225-
3226-reimbursement rate that is greater than or less than limits
3227-established by the Fee Sched ule.
3228-6. A treating physi cian may not charge more than Four Hundred
3229-Dollars ($400.00) per hour for preparation for or testimony at a
3230-deposition or appearance before the Commiss ion in connection with a
3231-claim covered by the Administrative Workers ’ Compensation Act.
3232-7. The Commission’s review of medical and trea tment charges
3233-pursuant to this section shall be conduct ed pursuant to the Fee
3234-Schedule in existence at the time the medic al care or treatment was
3235-provided. The judgment approving the medical and treat ment charges
3236-pursuant to this section shall be enforcea ble by the Commission in
3237-the same manner as provided in the Administrative Workers ’
3238-Compensation Act for the enforcement of other compensation payments.
3239-8. Charges for prescription drugs dispensed by a pharmacy shall
3240-be limited to ninety percent (90%) of the average wholesale price of
3241-the prescription, plus a dispensing fee of Five Dollars ($5.00) per
3242-prescription. “Average wholesale price” means the amount determined
3243-from the latest publication desig nated by the Commission.
3244-Physicians shall prescribe an d pharmacies shall dispense generic
3245-equivalent drugs when available. If the National Drug Code, or
3246-“NDC”, for the drug product dispensed is for a repackaged drug, then
3247-the maximum reimbursement shall be the lesser of the orig inal
3248-labeler’s NDC and the lowest-cost therapeutic equivalent drug
3249-product. Compounded medications shall be billed by the compounding
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3275-
3276-pharmacy at the ingredient level, with each ingredient identified
3277-using the applicable NDC of th e drug product, and the c orresponding
3278-quantity. Ingredients with no NDC area are not separately
3279-reimbursable. Payment shall be based on a sum of the allowable fee
3280-for each ingredient plus a dispensing fee of Five Dollars ($5.00)
3281-per prescription.
3282-9. When medical care includes p rescription drugs dispensed by a
3283-physician or other medical care provider and the NDC for the drug
3284-product dispensed is for a repackaged drug, then the maximum
3285-reimbursement shall be the lesser of the original labeler ’s NDC and
3286-the lowest-cost therapeutic equivalent drug product. Paym ent shall
3287-be based upon a sum of the allowable fee for each ingredient plus a
3288-dispensing fee of Five Dollars ($5.00) per prescription. Compounded
3289-medications shall be billed by the compounding pharmac y.
3290-10. Implantables are paid in addition to procedural
3291-reimbursement paid for medical or surgical services. A
3292-manufacturer’s invoice for the actual cost to a physician, hospi tal
3293-or other entity of an implantable device shall be adjusted by the
3294-physician, hospital or other entity to reflect, at the time
3295-implanted, all applicable discounts, rebates, considerations and
3296-product replacement programs and shall be provided to the pay er by
3297-the physician or hospital as a condition of payment for the
3298-implantable device. If the physician, or an entity in which the
3299-physician has a financial interest other than an ownership interest
3300-
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3325-
3326-of less than five percent (5%) in a publically publicly traded
3327-company, provides implantable devices, this relationship shall be
3328-disclosed to patient, employer, i nsurance company, third -party
3329-commission, certified workplace medical plan, case mana gers, and
3330-attorneys representing claimant and defendant. If the p hysician, or
3331-an entity in which the physician has a financial interest other tha n
3332-an ownership interest o f less than five percent (5%) in a publicly
3333-traded company, buys and resells implanta ble devices to a hospital
3334-or another physician, the markup shall b e limited to ten percent
3335-(10%) above cost.
3336-11. Payment for medical care as requ ired by the Administrativ e
3337-Workers’ Compensation Act shall be due within forty-five (45) days
3338-of the receipt by the employer or insurance carrier of a complete
3339-and accurate invoice, unless the employer or insurance carrier has a
3340-good-faith reason to reques t additional information about such
3341-invoice. Thereafter, the Commission may assess a penalty up to
3342-twenty-five percent (25%) for any amount due under the Fee Schedule
3343-that remains unpaid on the finding by the Commission that no good -
3344-faith reason existed f or the delay in payment. If the Commission
3345-finds a pattern of an employer or insurance carrier willfully and
3346-knowingly delaying payments for medical care, the Commission may
3347-assess a civil penalty of not more than Five Thousand Dollars
3348-($5,000.00) per occurrence.
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3374-
3375-12. If an employee fails to appear for a sche duled appointment
3376-with a physician or chiropractor, the employer or insurance company
3377-shall pay to the physician or chiro practor a reasonable charge, to
3378-be determined by the Commission, for the missed appointment. In the
3379-absence of a good-faith reason for missing the appointment, the
3380-Commission shall order th e employee to reimburse the employer or
3381-insurance company for the charge.
3382-13. Physicians or chiropractors providing treatment under the
3383-Administrative Workers’ Compensation Act shall disclose under
3384-penalty of perjury to the Commission, on a form prescribe d by the
3385-Commission, any ownership or interest in any health care facility,
3386-business, or diagnostic center that is not the physician ’s or
3387-chiropractor’s primary place of b usiness. The disclosure shall
3388-include any employee leasing arrangement between the p hysician or
3389-chiropractor and any health care facility that is not the
3390-physician’s or chiropractor’s primary place of business. A
3391-physician’s or chiropractor’s failure to disclose as required by
3392-this section shall be grounds for the Commission to disqualif y the
3393-physician or chiropractor from providing treatment under the
3394-Administrative Workers’ Compensation Act.
3395-14. a. Beginning on May 28, 2019, the Commission shall
3396-conduct an evaluation of the Fee Sche dule, which shall
3397-include an update of the list of Curr ent Procedural
3398-Terminology (CPT) codes, a line item adjustment or
3399-
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3424-
3425-renewal of all rates, and amendment as needed to the
3426-rules applicable to the Fee Schedule.
3427-b. The Commission shall contract with an ext ernal
3428-consultant with knowledge of workers’ compensation fee
3429-schedules to review regional and nationwide
3430-comparisons of Oklahoma’s Fee Schedule rates and date
3431-and market for medical services. The cons ultant shall
3432-receive written and oral comment from empl oyers,
3433-workers’ compensation medical service and insura nce
3434-providers, self-insureds, group self -insurance
3435-associations of this state and the public. The
3436-consultant shall submit a report of its finding s and a
3437-proposed amended Fee Schedule to the Commission .
3438-c. The Commission shall adopt the proposed amended Fe e
3439-Schedule in whole or in part and make any additional
3440-updates or adjustments. The Commission shall submit a
3441-proposed updated and adjusted Fee Sc hedule to the
3442-President Pro Tempore of the Senate, the Speaker of
3443-the House of Representatives and the Governo r. The
3444-proposed Fee Schedule shall become effective on July 1
3445-following the legislative session, if approved by
3446-Joint Resolution of the Legislatu re during the session
3447-in which a proposed Fee Schedule is submitted.
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3474-d. Beginning on May 28, 2019, an external evaluation
3475-shall be conducted and a proposed amended Fee Schedule
3476-shall be submitted to the Legislature for approval
3477-during the 2020 legislative session. Thereafter, an
3478-external evaluation shall be c onducted and a proposed
3479-amended Fee Schedule shall be s ubmitted to the
3480-Legislature for approval every two (2) years.
3481-I. Formulary. The Commission by rule shall adopt a closed
3482-formulary. Rules adopte d by the Commission shall allow an appeals
3483-process for claims in which a treating doctor determines and
3484-documents that a drug not included in the formulary is necessary to
3485-treat an injured employee’s compensable injury. The Commission by
3486-rule shall require the use of generic phar maceutical medications and
3487-clinically appropriate over-the-counter alternatives to pr escription
3488-medications unless otherwise specified by the prescribi ng doctor, in
3489-accordance with applicable state law.
3490-SECTION 13. AMENDATORY 85A O.S. 2021, Section 67, is
3491-amended to read as follows:
3492-Section 67. A. Except as otherwise provided in this section,
3493-notice of disability resulting from an occupational disease or
3494-cumulative trauma shall be the same as in cases of accidental
3495-injury.
3496-B. Written notice shall be given to the employer of an
3497-occupational disease or cumulative trauma by the employee, or a
3498-
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3523-
3524-representative of the employee in the case of incapacity or death,
3525-within six (6) months after the first distinct manifestation of the
3526-disease or cumulative trauma or within six (6) months after de ath.
3527-C. The date of injury for cumulative trauma shall be the last
3528-date of injurious exposure prior to the filing date of the
3529-Employee’s First Notice of Claim for Compensation.
3530-SECTION 14. AMENDATORY 85A O .S. 2021, Section 69, is
3531-amended to read as follows:
3532-Section 69. A. Time for Filing. 1. A claim for benefits
3533-under this act the Administrative Workers ’ Compensation Act, other
3534-than an occupational disease, shall be barred unless it is filed
3535-with the Oklahoma Workers’ Compensation Commission within one (1)
3536-year from the date of the inju ry or, if the employee has received
3537-benefits under this title for the injury, six (6) months from the
3538-date of the last issuance of such benefits payment of indemnity
3539-benefits or date of service fo r medical treatment, whichever is
3540-later. For purposes of th is section, the date of the injury shall
3541-be defined as means the date an injury is caused by an accident as
3542-set forth in paragraph 9 of Section 2 of this title , and date of
3543-issuance of medical benefits means the date of service of the
3544-medical benefit.
3545-2. a. A claim for compensation for disabi lity on account of
3546-injury which is either an occupational di sease or
3547-occupational infection shall be barred unless filed
3548-
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3573-
3574-with the Commission within two (2) yea rs from the date
3575-of the last injurious exposure to the hazards of the
3576-disease or infection.
3577-b. A claim for compensation for dis ability on account of
3578-silicosis or asbestosis shall be filed with the
3579-Commission within one (1) year after the time of
3580-disablement, and the disablement shall occur within
3581-three (3) years from the date of the last injurious
3582-exposure to the hazard of silicos is or asbestosis.
3583-c. A claim for compensation for disability on account of
3584-a disease condition caused by exposure to X -rays,
3585-radioactive substances, or ionizing radiation only
3586-shall be filed with the Commission within two (2)
3587-years from the date the condit ion is made known to an
3588-employee following examination and diagnosis by a
3589-medical doctor.
3590-3. A claim for compensation on account of death shall be barred
3591-unless filed with the Commission within two (2) years of the date of
3592-such a death.
3593-4. If a claim for benefits has been timely file d under
3594-paragraph 1 of this subsection and the employee claimant does not:
3595-a. make a good-faith request for a hearing to resolve a
3596-dispute regarding the right to receive benefits,
3597-
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3622-
3623-including medical treatment, under this title within
3624-six (6) months of the d ate the claim is filed, or
3625-b. receive or seek benefits, including medical treatment,
3626-under this title for a period of six (6) months ,
3627-then on motion by the employer, the claim shall be dismissed with
3628-without prejudice.
3629-B. Failure to File. Failure to file a claim within the period
3630-prescribed in subsection A of this section shall not be a bar to the
3631-right to benefits hereunder unless objection to the failure is made
3632-at the first hearing on the clai m in which all parties in inter est
3633-have been given a reasonab le notice and opportunity to be heard by
3634-the Commission.
3635-C. Persons under Disability.
3636-1. Notwithstanding any statute of limitation provid ed for in
3637-this act, when it is established that failure to file a claim by an
3638-injured employee or his or her dependen ts was induced by fraud, the
3639-claim may be filed within one (1) year from the time of the
3640-discovery of the fraud.
3641-2. Subsection A of this s ection shall not apply to a mental
3642-incompetent or minor so long as the person has no gu ardian or
3643-similar legal repres entative. The limitations prescribed in
3644-subsection A of this section shall apply to the mental in competent
3645-or minor from the date of the a ppointment of a guardian or similar
3646-legal representative for that person, and when no g uardian or
3647-
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3672-
3673-similar representative has been appointed, to a minor on reaching
3674-the age of majority.
3675-D. A latent injury or conditi on shall not delay or toll the
3676-limitation periods specified in this section. This subsection sha ll
3677-not apply to the limitation period for occupational diseas es
3678-specified in paragraph 2 of subsection A of this section.
3679-SECTION 15. AMENDATORY 85A O.S. 2021, Section 80, is
3680-amended to read as follows:
3681-Section 80. A. A final order for permanent disability is a
3682-final adjudication of all is sues pending in the claim unless
3683-reserved in the order or by operation of law. Except where a joi nt
3684-petition settlement has been approved, the Oklahoma Workers’
3685-Compensation Commission may revie w any compensation judgment, award,
3686-or decision.
3687-1. Such review may be done upon application for a change of
3688-condition for the worse at any time within six (6 ) months from the
3689-date of the last order in which monetary benefits were awarded or
3690-active medical treatment was provided, on the Commission’s own
3691-motion or on the application of any party in interest, and unless
3692-filed within such period of time shall be f orever barred. On
3693-review, the Commission may make a judgment or award terminating,
3694-continuing, decreasing, or increasing for the future the
3695-compensation previously awarded, subject to the maximum limits
3696-provided for in this title. An order denying an app lication to
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3723-reopen a claim shall not extend the period of time set out in this
3724-title for reopening the claim. A failure to comply with a medical
3725-treatment plan ordered by the Commission shall bar the reopening of
3726-a claim.
3727-2. The Oklahoma Workers’ Compensation Commission may review any
3728-compensation judgment, award, or decision at any time and without
3729-limitation upon a filing of an application for a finding of a change
3730-of condition for the better. Such review may be filed for good
3731-cause shown. On review, the Commission may make a judgment or award
3732-terminating, continuing , or decreasing for the future the
3733-compensation previously awarded, subject to the limits provided for
3734-in this act.
3735-B. The review and subsequent award shall be made in accordance
3736-with the procedure prescribed in Sections 69 through 78 of this
3737-title. No review shall affect any compens ation paid under a pri or
3738-order, judgment or award.
3739-C. The Commission may correct any clerical error in any
3740-compensation judgment or award within one (1) year from the date of
3741-its issuance.
3742-D. Aging and the effects of aging on a compensable injury are
3743-not to be considered in d etermining whether there has been a change
3744-in physical conditio n. Aging or the effect of aging on a
3745-compensable injury shall not be cons idered in determining permanent
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3772-disability under this section or any other section in this act the
3773-Administrative Workers ’ Compensation Act.
3774-SECTION 16. AMENDATORY 85A O.S. 2021, Section 112, is
3775-amended to read as follows:
3776-Section 112. A. The Oklahoma Workers’ Compensation Commission
3777-shall create, maintain and review a list of licensed physicians who
3778-shall serve as independent medical examiners from a list of licensed
3779-physicians who have completed such course s tudy as the Commission
3780-may require. An independent medical examiner must agree to examine
3781-an employee within forty -five (45) days of appointment. T he
3782-Commission shall, to the best of its ability, include the most
3783-experienced and competent physicians in t he specific fields of
3784-expertise utilized most often in the treatment of injured employees.
3785-The period of qualificati on shall be two (2) years. Phys icians may
3786-be qualified for successive two-year periods. Physicians s erving as
3787-independent medical examine rs on the effective date of this act
3788-February 1, 2014, shall serve the remainder of their respective two -
3789-year qualification periods and may reapply for successive
3790-qualification periods. The Commission may remov e an independent
3791-medical examiner from the list for cause.
3792-B. An administrative law judge may appoint an independent
3793-medical examiner to assist in determining an y issue before the
3794-Commission. In the event surgery is reco mmended by a treating
3795-physician, upon request of the employe r or employee, an independent
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3822-medical examiner shall be appointed to determine the reasonableness
3823-and necessity of the recommended surge ry. The request of the
3824-employer or employee for an in dependent medical examiner , and a
3825-request for a deposition of the treating physician, shall be filed
3826-within fifteen (15) days of the receipt of the recommendation for
3827-surgery, or the recommended surgery shall be approved by the
3828-Commission. The Commission shall set a request for an independent
3829-medical examiner that is ti mely filed on an accelerated prehearing
3830-docket within ten (10) days of the filing of the request. The
3831-appointment with the independent medical examiner regarding the
3832-reasonableness and necess ity of a recommended surgery shall occ ur
3833-within thirty (30) days of the appointment. Such independent
3834-medical examiner shall be qualified to perform the type of surgery
3835-recommended. In the event the independent medical examiner a grees
3836-with the treating phy sician’s recommendation for surgery, the
3837-employer shall pay to the employee the sum of One Thousand D ollars
3838-($1,000.00) for the delay in medical treatment in addition to other
3839-benefits provided for in this act. If the employer fails to
3840-schedule a requested deposition of either the treating physician or
3841-the independent medical examiner within twenty (20) days of filing a
3842-request for deposition, the employer shall pay to the employee the
3843-sum of One Thousand Dollars ($1,000.00) for the delay in medical
3844-treatment in addition to other benefits prov ided for in this act.
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3871-C. An independent medical examiner shall be selected from the
3872-list of independent medical examiners within ten (10) da ys when the
3873-employer or the employee petitions the Commission for the selection
3874-of an independent medical examiner. The independent medical
3875-examiner shall be certified by a reco gnized specialty board in the
3876-area or areas appropriate to the condition under review.
3877-D. The Commission shall, to the best of its ability, maintain a
3878-geographic balance of independent medical examiners.
3879-E. Counsel for the employee and employer are respo nsible for
3880-transmittal of the employee ’s medical records to the independent
3881-medical examiner within ten (10) days of appointment.
3882-F. After a physical examination and review of medical records
3883-and other appropriate information, including depositions and
3884-surveillance video, the independent medical examiner shall submit a
3885-verified written report to the Commission and to the parties. In
3886-the event the independent medical examiner determines that mo re
3887-medical treatment is necessary, the employer shall designate a
3888-treating physician to provide the indicated treatment.
3889-G. Any independent medical examiner selected pursuant to the
3890-provisions of this section shall be reimbursed for the medical
3891-examination, reports and fees in a reasonable and customary amount
3892-set by the Commission, and these costs shall be borne by the
3893-employer.
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3920-H. The Commission shall create a review process to oversee on a
3921-continuing basis the quality of performance and the timeliness of
3922-the submission of medical findings by independent medical ex aminers.
3923-I. If the Commission does not follow the opinion of the
3924-independent medical examiner on any issue, the administrative law
3925-judge or member of the Board of Review shall set out its reas ons for
3926-deviating from the opinion of the independent medical e xaminer. The
3927-opinion of the independent medical examiner shall be followed un less
3928-there is clear and convincing evidence to the contrary.
3929-J. Upon receipt of an independent medical examiner ’s report,
3930-any party shall have the right to object to the introdu ction of the
3931-report into evidence. The objection and any request for a
3932-deposition of the independent medical examiner must be made by
3933-giving written notification to all parties and to the Commission
3934-within ten (10) days after receipt of the report , subject to the
3935-limitations set forth in subsection B of this section. The employer
3936-shall be responsible for the reasonable charges of the physician for
3937-such testimony, preparation time, and the expe nse of the deposition.
3938-SECTION 17. AMENDATORY 85A O.S. 2021, Section 400, is
3939-amended to read as follows:
3940-Section 400. A. The Workers’ Compensation Court shall be
3941-renamed the Workers’ Compensation Court of Existing Claims for the
3942-purpose of hearing disputes relating to claims that arise arose
3943-before February 1, 2014. The Court shall consist of the existing
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3969-
3970-judges for the remain der of his or her term. Each judge of the
3971-Court shall continue to serve as the appointment to a designated
3972-position on the Court. The terms of the judges by position number
3973-shall expire on the following dates:
3974-Position 4 shall expire 7-1-20.
3975-Position 5 shall expire 7-1-20.
3976-Position 8 shall expire 7-1-20.
3977-Position 9 shall expire 7-1-20.
3978-B. Effective July 1, 2020, the Workers’ Compensation Court of
3979-Existing Claims shall consist of one judge to be appointed by the
3980-Governor, with confir mation by the Senate. The term of the judge
3981-shall be appointed for a term to expire serving on July 1, 2022, is
3982-hereby extended to July 1, 2027 . The Governor shall select the
3983-judge from a list of three applicants submitted to the Governor by
3984-the Judicial Nominating Commission. If the list is not acceptable
3985-to the Governor, the G overnor may request from the Judici al
3986-Nominating Commission a list of names of three additional
3987-applicants. Any present judge of the Court of Existing Claims may
3988-apply to the Judicial Nominating Commission for appointment to fill
3989-any position authorized b y this section.
3990-C. A The judge may be removed for cause by the Court on the
3991-Judiciary prior to the expiration of his or her term.
3992-D. Each The judge shall receive a salary equal to that paid to
3993-a district judge of this state, and shall devote full time to his or
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4020-her duties and shall not engage i n the private practice of law
4021-during the term in office.
4022-E. If a vacancy occurs on the Court of Existing Claims, the
4023-Governor shall appoint a judge to serve the remainder of the term
4024-from a list of three applicants submitted to the Governor by the
4025-Judicial Nominating Commission, with confirmation of the State
4026-advice and consent of the Senate. If the list is not acceptable to
4027-the Governor, the Governor may request from the Judicial Nominating
4028-Commission a list of the names of three additional applicants.
4029-F. 1. Effective January 1, 2020, the The Governor shall
4030-appoint an Administrator of the Court of Existing Claims, who shall
4031-serve at the pleasure of the Governor. The Administrator shall be
4032-appointed by the Governor with the advice and consent of the Senate.
4033-The compensation for t he Administrator shall be set at ninet y
4034-percent (90%) of the compensation of a district court judge.
4035-2. The Administrator shall employ and supervise the work of
4036-employees of the Court and shall have the authority to expend funds
4037-and contract on behalf of the Court. The Administrator may cont ract
4038-with the Oklahoma Workers’ Compensation Commission to provide
4039-support services or personnel needs necessary to carry out the
4040-purposes of the Court and shall supervise the work of any such
4041-personnel as necessary to maintai n the Court as a Court of Record.
4042-G. The Court of Existing Claims shall contract with the
4043-Oklahoma Workers’ Compensation Commission to integrate its case
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4070-management and records Information Technology System into the system
4071-of the Oklahoma Workers’ Compensation Commission with such
4072-integration to be completed on or before July 1, 2022. The Court
4073-shall be entitled to a ny fees generated for the retrieval of such
4074-data.
4075-H. The Court shall operate by the rules adopted by the Workers’
4076-Compensation Court prior to February 1, 2014.
4077-I. The Court is hereby designated and confirmed as a court of
4078-record, with respect to any matter within the limits of its
4079-jurisdiction, and within such limits the judges thereof shall
4080-possess the powers and prerogatives of the judges of the other
4081-courts of record of this state including the power to punish for
4082-contempt those persons who disobey a s ubpoena, or refuse to be sworn
4083-or to answer as a witness, when lawfully ordered to do so.
4084-J. The principal office of the Court shall be situated in the
4085-City of Oklahoma City in quarters assigned by the Office of
4086-Management and Enterprise Services. The Co urt may hold hearings in
4087-any city of this state.
4088-K. All county commissioners and presiding district judges of
4089-this state shall make quarters available for the conducting of
4090-hearings by a judge of the Court upon request by the Court.
4091-L. Judges of the Work ers’ Compensation Court of Existing Claims
4092-may punish for direct contempt pursuant to Sections 565, 565.1 and
4093-566 of Title 21 of the Oklahoma Statutes.
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4120-M. The Court shall be vested with jurisdiction over all claims
4121-filed pursuant to the Workers’ Compensation Code or previous statute
4122-in effect on the date of an injury that occurred before February 1,
4123-2014. All claims so filed shall be heard by the judge sitting
4124-without a jury. The Court shall have full power and authority to
4125-determine all questions in rel ation to payment of claims for
4126-compensation under the provisions of the Workers’ Compensation Code
4127-or previous statute in effect on the date of an injury that occurred
4128-before February 1, 2014. The Court, upon application of either
4129-party, shall order a hea ring. Upon a hearing, either party may
4130-present evidence and be represented by counsel. The decision of the
4131-Court shall be final as to all questions of fact a nd law; provided,
4132-the decision of the Court may be appealed to the Court en banc or
4133-the Supreme Court as provided by the Workers’ Compensation Code or
4134-previous statute in effect on the date of an injury that occurred
4135-before February 1, 2014. In the event that an insufficient number
4136-of active judges are available to comprise the three-judge en banc
4137-panel, retired or former judges of the district court, Workers’
4138-Compensation Court or Workers’ Compensation Court of Existing Claims
4139-may be designated by the Pre siding Judge of the Court of Existing
4140-Claims as eligible to serve on such panel. The Governor sh all
4141-provide to the Court of Existing Claims a list of designated judges
4142-eligible for service on the Court en banc. The decision of the
4143-Court shall be issued w ithin thirty (30) days following the
4144-
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4169-
4170-submission of the case by the parties. The power and jurisd iction
4171-of the Court over each case shall be continuing and it may, from
4172-time to time, make such modifications or changes with respect to
4173-former findings or ord ers relating thereto if, in its opinion, it
4174-may be justified.
4175-N. For an injury occurring before February 1, 2014, all
4176-benefits and procedures to obtain benefits shall be determined by
4177-the workers’ compensation law of this state in effect on the date of
4178-the injury.
4179-O. All accrued rights and penalties incurred pursuant to a
4180-final order of the Workers ’ Compensation Court shall be preserved.
4181-No accrued right, penalty incurred, or proceeding begun by virtue of
4182-a statute repealed by this act the Administrative Worker s’
4183-Compensation Act shall be abrogated by the terms of this act the
4184-Administrative Worker s’ Compensation Act.
4185-P. Annually, on or before the first day of July, commencing
4186-with July 2019, the Administrator shall prepare and submit a report
4187-for the prior calendar year to the Governor, the Chief Justice of
4188-the Supreme Court, the President P ro Tempore of the Senate and the
4189-Speaker of the House of Representatives, and the chairs of the
4190-Senate and House judiciary committees, which shall include a
4191-statement of the number of awards made and the causes of the
4192-accidents leading to the injuries for which the awards were made,
4193-total work load data of the Court , a detailed report of the work
4194-
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4219-
4220-load of the judges of the Court, a detailed statement of the
4221-expenses of the office of the Administrator of Workers’ Compensation
4222-Court of Existing Claims, the number of disposition dockets held,
4223-the number of remaining claims, together with any other matter which
4224-the Administrator deems proper to report to the Governor including
4225-any recommendations he or she may desire to make.
4226-Q. Subject to the availability of funds, the Judge of the Court
4227-of Existing Claims may employ one at-will full- or part-time special
4228-workers’ compensation judge with jurisdiction to hear cases as set
4229-forth in subsection M of this section and as may be assigned by the
4230-Judge. The special workers’ compensation judge shall receive
4231-compensation for such services in accordance with the provisions of
4232-Section 92.1A of Title 20 of the Oklahoma Statutes.
4233-SECTION 18. Sections 1 through 12 of this act shall become
4234-effective November 1, 2023.
4235-SECTION 19. It being immediately necessary for the preservation
4236-of the public peace, healt h or safety, an emergency is hereby
4237-declared to exist, by reason whereof this act shall take effect and
4238-be in full force from and after i ts passage and approval.”
4239-
4240-
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4266-
4267-Passed the Senate the 26th day of April, 2023.
4268-
4269-
4270-
4271- Presiding Officer of the Senate
4272-
4273-
4274-Passed the House of Representatives the ____ day of __________,
4275-2023.
4276-
4277-
4278-
4279- Presiding Officer of the House
4280- of Representatives
4281-
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4306-
4307-ENGROSSED HOUSE
4308-BILL NO. 2375 By: Kannady of the House
4309-
4310- and
4311-
4312- Thompson (Roger) of the
4313-Senate
4314-
4315-
4316-
4317-
4318-
4319-
4320-
4321-[ workers' compensation - compensable injury –
4322-accidents - exclusive nature of remedy - liability
4323-for intentional acts - permanent partial disability
4324-- compensation for loss of certa in scheduled
4325-members - computation of certain benefit amounts -
4326-beneficiary payments - travel reimbursement process
4327-– claims - permanent disability - Workers'
4328-Compensation Commission - independent medical
4329-examiner - Judges of Workers' Compensatio n Court of
4330-Existing Claims - effective date –
4331- emergency ]
4332-
4333-
4334-
4335-
4336-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4337-SECTION 20. AMENDATORY 85A O.S. 2021, Section 2, is
4338-amended to read as follows:
4339-
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4365-Section 2. As used in the Administrative Workers' Compensation
4366-Act:
4367-1. "Actually dependent" means a surviving spouse, a child or
4368-any other person who receives one -half (1/2) or more of his or her
4369-support from the employee;
4370-2. "Carrier" means any stock company, mutual company, or
4371-reciprocal or interinsurance exchange authorized to write or carry
4372-on the business of workers' compensation insurance in this state.
4373-Whenever required by the cont ext, the term "carrier" shall be deemed
4374-to include duly qualified self -insureds or self-insured groups;
4375-3. "Case management" means the ongoing coordination, by a case
4376-manager, of health care services provided to an injured or disabled
4377-worker, including bu t not limited to systematically monitoring the
4378-treatment rendered and the medical progress of the injured o r
4379-disabled worker; ensuring that any treatment plan follows all
4380-appropriate treatment protocols, utilization controls and practice
4381-parameters; assessing whether alternative health care services are
4382-appropriate and delivere d in a cost-effective manner based upon
4383-acceptable medical standards; and ensuring that the injured or
4384-disabled worker is following the prescribed health care plan;
4385-4. "Case manager" means a person who is a registered nurse with
4386-a current, active unencumb ered license from the Oklahoma Boa rd of
4387-Nursing, or possesses one or more of the following certifications
4388-which indicate the individual has a minimum number of years of c ase
4389-
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4415-management experience, has passed a national competency test and
4416-regularly obtains continuing education hours to mai ntain
4417-certification:
4418-a. Certified Disability Management Specialist (CDMS),
4419-b. Certified Case Manager (CCM),
4420-c. Certified Rehabilitation Registered Nurse (CRRN),
4421-d. Case Manager - Certified (CMC),
4422-e. Certified Occupational Health Nurse (COHN), or
4423-f. Certified Occupational Health Nurse Specialist (COHN -
4424-S);
4425-5. "Certified workplace medical plan" means an organization of
4426-health care providers or any other entity, certified by the State
4427-Commissioner of Health, that is authorized to enter into a
4428-contractual agreement with an employer, group self-insurance
4429-association plan, an employer's workers' compensation insurance
4430-carrier, third-party administrator or an insured to provide medical
4431-care under the Administrative Workers' Compens ation Act. Certified
4432-plans shall only include plans which provide medical services and
4433-payment for services on a fee -for-service basis to medical
4434-providers;
4435-6. "Child" means a natural or adopted son or daughter of the
4436-employee under eighteen (18) years o f age; or a natural or adopted
4437-son or daughter of an employee eighteen (18) years of age or over
4438-who is physically or mentally incapable of self -support; or any
4439-
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4464-
4465-natural or adopted son or daughter of an employee eighteen (18)
4466-years of age or over who is act ually dependent; or any natural or
4467-adopted son or daughter of an employee between eighteen (18) and
4468-twenty-three (23) years of age who is enrolled as a full -time
4469-student in any accredited educational institution. The term "child"
4470-includes a posthumous chi ld, a child legally adopted or one for whom
4471-adoption proceedings are pending at the time of death, an actually
4472-dependent stepchild or an actually dependent acknowledged c hild born
4473-out of wedlock;
4474-7. "Claimant" means a person who claims benefits for an inj ury
4475-or occupational disease pursua nt to the provisions of the
4476-Administrative Workers' Compensation Act;
4477-8. "Commission" means the Workers' Compensation Commission;
4478-9. a. "Compensable injury" means damage or harm to the
4479-physical structure of the body, or damage or harm to
4480-prosthetic appliances, including eyeglasses, contact
4481-lenses, or hearing aids, of which the major cause is
4482-either an accident, cumulative trauma or occupa tional
4483-disease arising out of the course and scope of
4484-employment. An "accident" mea ns an event involving
4485-factors external to the employee that:
4486-(1) was unintended, unanticipated, unforeseen,
4487-unplanned and unexpected,
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4511-23
4512-24
4513-
4514-(2) occurred at a specifically identif iable time and
4515-place,
4516-(3) occurred by chance or from unknown causes, or
4517-(4) was independent of sickness, mental incapa city,
4518-bodily infirmity or any other cause , and
4519-(5) was not as the result of an intentional act .
4520-b. "Compensable injury" does not include:
4521-(1) injury to any active participant in assaults or
4522-combats which, although they may occur in the
4523-workplace, are the r esult of non-employment-
4524-related hostility or animus of one, both, or all
4525-of the combatants and which assault or combat
4526-amounts to a deviation from customary duties;
4527-provided, however, injuries caused by horseplay
4528-shall not be considered to be compensable
4529-injuries, except for innocent victims,
4530-(2) injury incurred while engaging in or performing
4531-or as the result of engaging in or performing an y
4532-recreational or social activities for the
4533-employee's personal pleasure,
4534-(3) injury which was inflicted on the employ ee at a
4535-time when employment services were not being
4536-performed or before the employee was hired or
4537-after the employment relationship was t erminated,
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4563-
4564-(4) injury if the accident was caused by the use of
4565-alcohol, illegal drug s, or prescription drugs
4566-used in contravention of physician's orders. If
4567-a biological specimen is collected within twenty -
4568-four (24) hours of the employee being injured or
4569-reporting an injury, or if at any time after the
4570-injury a biological specimen is col lected by the
4571-Oklahoma Office of t he Chief Medical Examiner if
4572-the injured employee does not survive for at
4573-least twenty-four (24) hours after the injury and
4574-the employee tests positive for intoxication, an
4575-illegal controlled substance, or a legal
4576-controlled substance used in contravention to a
4577-treating physician's orders, or refuses to
4578-undergo the drug and alcohol testing, there shall
4579-be a rebuttable presumption that the in jury was
4580-caused by the use of alcohol, illegal drugs, or
4581-prescription drugs used in contravention of
4582-physician's orders. This presumption may only be
4583-overcome if the employee proves by clear and
4584-convincing evidence that his or her state of
4585-intoxication had no causal relationship to the
4586-injury,
4587-
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4610-23
4611-24
4612-
4613-(5) any strain, degeneration, damage or harm to, or
4614-disease or condition of, t he eye or
4615-musculoskeletal structure or other body part
4616-resulting from the natural results of aging,
4617-osteoarthritis, arthritis, or degenera tive
4618-process including, but not limited to,
4619-degenerative joint disease, degenerative disc
4620-disease, degenerative
4621-spondylosis/spondylolisthesis and spinal
4622-stenosis, or
4623-(6) any preexisting condition except when the
4624-treating physician clearly confirms an
4625-identifiable and significant aggravation incurred
4626-in the course and scope of employment,
4627-(7) any injury resulting from an idiopathic injury or
4628-condition, or
4629-(8) any injury resulting from an intentional act.
4630-c. Where compensation is payable for an injury resulting
4631-from cumulative trauma, the last employer in whose
4632-employment the employee was l ast injuriously exposed to
4633-the trauma during a period of at least ninety (90) days
4634-or more, and the insurance carrier, if any, on the risk
4635-when the employee was last so exposed under such
4636-employer, shall alone be liable therefor, without
4637-
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4659-22
4660-23
4661-24
4662-
4663-right to contribution from any prior employer or
4664-insurance carrier. If there is no employer in whose
4665-employment the employee was injuriously exposed to the
4666-trauma for a period of at least ninety (90) days, then
4667-the last employer in whose employment the employee was
4668-last injuriously exposed to the trauma and the
4669-insurance carrier, if any, on the risk when such
4670-employee was last so exposed under such employer,
4671-shall be liable therefor, with right to contribution
4672-from any prior employer or insurance carrier.
4673-c.
4674-d. A compensable injury shall be established by m edical
4675-evidence supported by objective findings as defined in
4676-paragraph 31 33 of this section.
4677-d.
4678-e. The injured employee shall prove by a preponderance of
4679-the evidence that he or she has suffered a compensable
4680-injury.
4681-e.
4682-f. Benefits shall not be payable f or a condition which
4683-results from a non-work-related independent
4684-intervening cause following a compensable injury which
4685-causes or prolongs disability, aggravation, or
4686-requires treatment. A non -work-related independent
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4709-22
4710-23
4711-24
4712-
4713-intervening cause does not require ne gligence or
4714-recklessness on the part of a claimant.
4715-f.
4716-g. An employee who suffers a compensable injury shall be
4717-entitled to receive compensation as prescribed in this
4718-act. Notwithstanding other provisions of law, if it
4719-is determined that a compensable inj ury did not occur,
4720-the employee shall not be entitled to compensation
4721-under this act;
4722-10. "Compensation" means the money allowance payable to the
4723-employee or to his or her dependents and i ncludes the medical
4724-services and supplies provided for in Section 5 0 of this title and
4725-funeral expenses;
4726-11. "Consequential injury" means injury or harm to a part of
4727-the body that is a direct result of the injury or medical treatment
4728-to the part of the bo dy originally injured in the claim. The
4729-Commission shall not make a finding of a consequential injury unless
4730-it is established by objective medical evidence that medical
4731-treatment for such part of the body is required;
4732-12. "Continuing medical maintenance " means medical treatment
4733-that is reasonable and necessary to maint ain claimant's condition
4734-resulting from the compensable injury or illness after reaching
4735-maximum medical improvement. Continuing medical maintenance shall
4736-
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4759-23
4760-24
4761-
4762-not include diagnostic tests, sur gery, injections, counseling,
4763-physical therapy, or pain management devices or equipment;
4764-13. "Course and scope of employment" means an activity of any
4765-kind or character for which the employee was hired and that relates
4766-to and derives from the work, busine ss, trade or profession of an
4767-employer, and is performed by an empl oyee in the furtherance of the
4768-affairs or business of an employer. The term includes activities
4769-conducted on the premises of an employer or at other locations
4770-designated by an employer and travel by an employee in furtheranc e
4771-of the affairs of an employer that is specifically directed by the
4772-employer. This term does not include:
4773-a. an employee's transportation to and from his or her
4774-place of employment,
4775-b. travel by an employee in furthera nce of the affairs of
4776-an employer if the travel is also in furthera nce of
4777-personal or private affairs of the employee,
4778-c. any injury occurring in a parking lot or other common
4779-area adjacent to an employer's place of business
4780-before the employee clocks in o r otherwise begins work
4781-for the employer or after the employee cloc ks out or
4782-otherwise stops work for the employer unless the
4783-employer owns or maintains exclusive control over the
4784-area, or
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4786-ENGR. H. B. NO. 2375 Page 11 1
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4801-16
4802-17
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4805-20
4806-21
4807-22
4808-23
4809-24
4810-
4811-d. any injury occurring while an employee is on a work
4812-break, unless the injury occurs while the employ ee is
4813-on a work break inside th e employer's facility or in
4814-an area owned by or exclusively controlled by the
4815-employer and the work break is authorized by the
4816-employee's supervisor;
4817-14. "Cumulative trauma" means an injury to an employee that is
4818-caused by the combined effect of repetitiv e physical activities
4819-extending over a period of time in the course and scope of
4820-employment. Cumulative trauma shall not mean fatigue, soreness or
4821-general aches and pain that may have been caused, aggravated,
4822-exacerbated or accelerated by the employee's c ourse and scope of
4823-employment. Cumulative trauma shall have resulted directly and
4824-independently of all other causes;
4825-15. "Death" means only death resultin g from compensable injury
4826-as defined in paragraph 9 of this section;
4827-16. "Disability" means incapac ity because of compensable injury
4828-to earn, in the same or any other employment, substantially the same
4829-amount of wages the employee was receiving at the tim e of the
4830-compensable injury;
4831-17. "Drive-away operations" includes ev ery person engaged in
4832-the business of transporting and delivering new or used vehicles by
4833-driving, either singly or by towbar, saddle -mount or full-mount
4834-
4835-ENGR. H. B. NO. 2375 Page 12 1
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4850-16
4851-17
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4853-19
4854-20
4855-21
4856-22
4857-23
4858-24
4859-
4860-method, or any combination thereo f, with or without towing a
4861-privately owned vehicle;
4862-18. a. "Employee" means any person, including a minor, in the
4863-service of an employer under any contract of hire or
4864-apprenticeship, written or oral, expressed or implied,
4865-but excluding one whose employmen t is casual and not
4866-in the course of the trade, business, profession, or
4867-occupation of his or her em ployer and excluding one
4868-who is required to perform work for a municipality or
4869-county or the state or federal government on having
4870-been convicted of a crimi nal offense or while
4871-incarcerated. "Employee" shall also include a m ember
4872-of the Oklahoma National Guard while in the
4873-performance of duties only while in response to state
4874-orders and any authorized voluntary or uncompensated
4875-worker, rendering services as a firefighter, law
4876-enforcement officer or emergency management worker .
4877-Travel by a police officer, fireman, or a member of a
4878-first aid or rescue squad, in responding to and
4879-returning from an emergency, shall be deemed to be in
4880-the course of employment.
4881-b. The term "employee" shall not include:
4882-(1) any person for whom an em ployer is liable under
4883-any Act of Congress for providing compensation to
4884-
4885-ENGR. H. B. NO. 2375 Page 13 1
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4899-15
4900-16
4901-17
4902-18
4903-19
4904-20
4905-21
4906-22
4907-23
4908-24
4909-
4910-employees for injuries, disease or death arising
4911-out of and in the course of employment including,
4912-but not limited to, the Federal Employees'
4913-Compensation Act, the Federal Employers'
4914-Liability Act, the Longshore an d Harbor Workers'
4915-Compensation Act and the Jones Act, to the extent
4916-his or her employees are subject to such acts,
4917-(2) any person who is employed in agricul ture,
4918-ranching or horticulture by an employer who had a
4919-gross annual payroll in the preceding calend ar
4920-year of less than One Hundred Thousand Dollars
4921-($100,000.00) wages for agricultural, ranching or
4922-horticultural workers, or any person who is
4923-employed in agriculture, ranching or horticulture
4924-who is not engaged in operation of motorized
4925-machines. This exemption applies to any period
4926-of time for which such employment exists,
4927-irrespective of whether or not the person is
4928-employed in other activities for which the
4929-exemption does not apply. If the person is
4930-employed for part of a year in exempt activities
4931-and for part of a year in nonexempt activities,
4932-the employer shall be responsible for providing
4933-workers' compensation only for the period of time
4934-
4935-ENGR. H. B. NO. 2375 Page 14 1
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4951-17
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4953-19
4954-20
4955-21
4956-22
4957-23
4958-24
4959-
4960-for which the person is employed in nonexempt
4961-activities,
4962-(3) any person who is a licensed real estate sales
4963-associate or broker, paid on a commission basis,
4964-(4) any person employed by an employer with five or
4965-fewer total employees, all of whom are related
4966-within the second degree by blood or marriage to
4967-the employer, all of whom are d ependents living
4968-in the household of the employer, or all of whom
4969-are a combination of such relatives and
4970-dependents. If the employer is not a natural
4971-person such relative shall be relat ed within the
4972-second degree by blood or marriage to a person
4973-who owns fifty percent (50%) or more of the
4974-employer, or such dependent shall be in the
4975-household of a person who owns fifty percent
4976-(50%) or more of the employer,
4977-(5) any person employed by an e mployer which is a
4978-youth sports league which qualifies for exemption
4979-from federal income taxation pu rsuant to federal
4980-law,
4981-(6) sole proprietors, members of a partnership,
4982-individuals who are party to a franchise
4983-agreement as set out by the Federal Trade
4984-
4985-ENGR. H. B. NO. 2375 Page 15 1
4986-2
4987-3
4988-4
4989-5
4990-6
4991-7
4992-8
4993-9
4994-10
4995-11
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4997-13
4998-14
4999-15
5000-16
5001-17
5002-18
5003-19
5004-20
5005-21
5006-22
5007-23
5008-24
5009-
5010-Commission franchise disclosure rule, 16 CFR
5011-436.1 through 436.11, memb ers of a limited
5012-liability company who own at least ten percent
5013-(10%) of the capital of the limited liability
5014-company or any stockholder -employees of a
5015-corporation who own ten percent (10 %) or more
5016-stock in the corporation, unless they elect to be
5017-covered by a policy of insurance coveri ng
5018-benefits under the Administrative Workers'
5019-Compensation Act,
5020-(7) any person providing or performing voluntary
5021-service who receives no wages for the servi ces
5022-other than meals, drug or alcohol rehabilitative
5023-therapy, transportation, lodging or reimburseme nt
5024-for incidental expenses except for volunteers
5025-specifically provided for in subparagraph a of
5026-this paragraph,
5027-(8) a person, commonly referred to as an own er-
5028-operator, who owns or leases a truck -tractor or
5029-truck for hire, if the owner-operator actually
5030-operates the truck-tractor or truck and if the
5031-person contracting with the owner -operator is not
5032-the lessor of the truck -tractor or truck.
5033-Provided, however, an owner-operator shall not be
5034-
5035-ENGR. H. B. NO. 2375 Page 16 1
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5053-19
5054-20
5055-21
5056-22
5057-23
5058-24
5059-
5060-precluded from workers' compensation coverage
5061-under the Administrati ve Workers' Compensation
5062-Act if the owner-operator elects to participate
5063-as a sole proprietor,
5064-(9) a person referred to as a drive -away owner-
5065-operator who privately owns and utilizes a tow
5066-vehicle in drive-away operations and operates
5067-independently for hir e, if the drive-away owner-
5068-operator actually utilizes the tow vehicle and if
5069-the person contracting with the drive -away owner-
5070-operator is not the lessor of the tow vehicle.
5071-Provided, however, a drive -away owner-operator
5072-shall not be precluded from workers ' compensation
5073-coverage under the Administrative Workers'
5074-Compensation Act if the drive -away owner-operator
5075-elects to participate as a sole proprietor, and
5076-(10) any person who is employed as a domestic servant
5077-or as a casual worker in and about a private h ome
5078-or household, which private home or household had
5079-a gross annual payroll in the preceding calendar
5080-year of less than Fifty Thousand Dollars
5081-($50,000.00) for such workers;
5082-19. "Employer" means a natural person, partnershi p,
5083-association, limited liabili ty company, corporation, and the legal
5084-
5085-ENGR. H. B. NO. 2375 Page 17 1
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5087-3
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5093-9
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5097-13
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5099-15
5100-16
5101-17
5102-18
5103-19
5104-20
5105-21
5106-22
5107-23
5108-24
5109-
5110-representatives of a deceased employer, or the receiver or trustee
5111-of a person, partnership, association, corporation , or limited
5112-liability company, departments, instrumentalities and in stitutions
5113-of this state and di visions thereof, counties and divisions thereof,
5114-public trusts, boards of education and incorporated cities or towns
5115-and divisions thereof, employing a pers on included within the term
5116-"employee" as defined in this section. E mployer may also mean the
5117-employer's workers' compensation insurance carrier, if applicable.
5118-Except as provided otherwise, this act applies to all public and
5119-private entities and institu tions;
5120-20. "Employment" includes work or labor in a trade, business,
5121-occupation or activity carried on by an employer or any authorized
5122-voluntary or uncompensated worker rendering services as a
5123-firefighter, peace officer or emergency management worker;
5124-21. "Evidence-based" means expert-based, literature-supported
5125-and outcomes validated by well-designed randomized trials when such
5126-information is available and which uses the best available evidence
5127-to support medical decision making;
5128-22. "Gainful employmen t" means the capacity to perform
5129-employment for wages for a period of time that is not part-time,
5130-occasional or sporadic;
5131-23. "Idiopathic" means an injury or condition, where neither the
5132-cause, nor the resulting injury bears any special relation to the
5133-work or to the conditions under which the act was being performed and
5134-
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5137-3
5138-4
5139-5
5140-6
5141-7
5142-8
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5147-13
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5149-15
5150-16
5151-17
5152-18
5153-19
5154-20
5155-21
5156-22
5157-23
5158-24
5159-
5160-though it occurs in the course of the employment, does not arise out
5161-of the employment;
5162-24. "Impaired self-insurer" means a private self -insurer or
5163-group self-insurance association that fails to pay its workers'
5164-compensation obligations, or is financially unable to do so and is
5165-the subject of any proceeding under the Federal Bankruptcy Reform
5166-Act of 1978, and any subseq uent amendments or is the subject of any
5167-proceeding in which a receiver, custodian, liquidator,
5168-rehabilitator, trustee or similar officer ha s been appointed by a
5169-court of competent jurisdiction to act in lieu of or on behalf of
5170-the self-insurer;
5171-24. 25. "Incapacity" means inadequate strength or ability to
5172-perform a work-related task;
5173-25. 26. "Insurance Commissioner" means the Insurance
5174-Commissioner of the State of Oklahom a;
5175-26. 27. "Insurance Department" means the Insurance Department
5176-of the State of Oklah oma;
5177-27. 28. "Intentional act" means an injury occurring only when
5178-the employee is injured as a result of a willful, deliberate and
5179-specific intent to cause such injury and only when the act that was
5180-the proximate cause of the injury was not normally within the
5181-employer-employee relationship and was not an employment risk related
5182-to the business of the employer. Knowledge that the injury was
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5208-
5209-substantially certain to result from the conduct shall not constitute
5210-an intentional act;
5211-29. "Major cause" means more than fifty percent (50%) of the
5212-resulting injury, disease or illness. A finding of major cause
5213-shall be established by a preponderan ce of the evidence. A finding
5214-that the workplace was not a major cause of the injury, disease or
5215-illness shall not adversely affect the exclusive remedy provisions
5216-of this act and shall not create a separate cause of action outside
5217-this act;
5218-28. 30. "Maximum medical improvement" means that no further
5219-material improvement would reasonably be expected from medical
5220-treatment or the passage of time;
5221-29. 31. "Medical services" means those services specified in
5222-Section 50 of this title;
5223-30. 32. "Misconduct" shall include the following:
5224-a. unexplained absenteeism or tardiness,
5225-b. willful or wanton indifference to or neglect of the
5226-duties required,
5227-c. willful or wanton breach of any duty required by the
5228-employer,
5229-d. the mismanagement of a position of employment by
5230-action or inaction,
5231-e. actions or omissions that place in jeopardy the
5232-health, life, or property of self or others,
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5258-
5259-f. dishonesty,
5260-g. wrongdoing,
5261-h. violation of a law, or
5262-i. a violation of a policy or rule adopted to ensure
5263-orderly work or the safety of self or others;
5264-31.
5265-33. a. (1) "Objective findings" are those findings which
5266-cannot come under the voluntary control of the
5267-patient.
5268-(2) (a) When determining permanent disability, a
5269-physician, any other medical provider, an
5270-administrative law judge, the Commission or
5271-the courts shall not consider complaints of
5272-pain.
5273-(b) For the purpose of making permanent
5274-disability ratings to the spine, physicians
5275-shall use criteria established by the Sixth
5276-Edition of the American Medical Association
5277-"Guides to the Evaluation of Permanent
5278-Impairment".
5279-(3) (a) Objective evidence necessary to prove
5280-permanent disability in occupational hearing
5281-loss cases may be establi shed by medically
5282-recognized and accepted clinical diagnostic
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5307-24
5308-
5309-methodologies, including, but not limited
5310-to, audiological tests that measur e air and
5311-bone conduction thresholds and speech
5312-discrimination ability.
5313-(b) Any difference in the baseline hearing
5314-levels shall be confirmed by subsequent
5315-testing; provided, however, such test shall
5316-be given within four (4) w eeks of the
5317-initial baseline hearing level test but not
5318-before five (5) days after being adjusted
5319-for presbycusis.
5320-b. Medical opinions addressing com pensability and
5321-permanent disability shall be stated within a
5322-reasonable degree of medical certainty;
5323-32. 34. "Official Disability Guidel ines" or "ODG" means the
5324-current edition of the Official Disability Guidelines and the ODG
5325-Treatment in Workers' Comp a s published by the Work Loss Data
5326-Institute;
5327-33. 35. "Permanent disability" means the extent, expressed a s a
5328-percentage, of the loss of a portion of the total physiological
5329-capabilities of the human body as established by competent medical
5330-evidence and based on the Sixth Edition of the American Medical
5331-Association "Guides to the Evaluation of Permanent Impair ment", if
5332-the impairment is con tained therein;
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5358-
5359-34. 36. "Permanent partial disability" means a permanent
5360-disability or loss of use after maximum medical improvement has been
5361-reached which prevents the injured employee, who has been released
5362-to return to work by the treating physician, f rom returning to his
5363-or her pre-injury or equivalent job . All evaluations of permanent
5364-partial disability must be suppor ted by objective findings;
5365-35. 37. "Permanent total disability" means, based on objective
5366-findings, incapacity, based upon accidental injury or occupational
5367-disease, to earn wages in any employment for which the employee may
5368-become physically suited and re asonably fitted by education,
5369-training, experience or vocational rehabilitation provided under
5370-this act. Loss of both hands, both fee t, both legs, or both eyes,
5371-or any two thereof, shall constitute permanent total disability;
5372-36. 38. "Preexisting conditio n" means any illness, injury,
5373-disease, or other physical or mental condition, whether or not work -
5374-related, for which medical advice, diagnosis, care or treatment was
5375-recommended or received preceding the date of injury;
5376-37. 39. "Pre-injury or equivalent jo b" means the job that the
5377-claimant was working for the employer at the time the injury
5378-occurred or any other employment offered by t he claimant's employer
5379-that pays at least one hundred percent (100%) of the employee's
5380-average weekly wage;
5381-38. 40. "Private self-insurer" means a private employer that
5382-has been authorized to self -insure its workers' compens ation
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5408-
5409-obligations pursuant to t his act, but does not include group self -
5410-insurance associations authorized by this act, or any public
5411-employer that self-insures pursuant to this act;
5412-39. 41. "Prosthetic" means an artificial device used to replace
5413-a part or joint of the body that is lost or injured in an accident
5414-or illness covered by this act;
5415-40. 42. "Scheduled member" or "member" means hands, fingers,
5416-arms, legs, feet, toes, and eyes. In addition, for purposes of the
5417-Multiple Injury Trust Fund only, "sc heduled member" means hearing
5418-impairment;
5419-41. 43. "Scientifically based" involves the application of
5420-rigorous, systematic, and objective procedures to obtain reliable
5421-and valid knowledge relevant to medical testing, diagnoses and
5422-treatment; is adequate to justify the general conclusion s drawn; and
5423-has been accepted by a peer -review journal or approved by a panel of
5424-independent experts through a comparably rigor ous, objective, and
5425-scientific review;
5426-42. 44. "State average weekly wage" means the state avera ge
5427-weekly wage determined by th e Oklahoma Employment Security
5428-Commission in the preceding calendar year. If such determination is
5429-not available, the Commission shall determine the wage annually
5430-after reasonable investigation;
5431-43. 45. "Subcontractor" mean s a person, firm, corporation o r
5432-other legal entity hired by the general or prime contractor to
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5454-21
5455-22
5456-23
5457-24
5458-
5459-perform a specific task for the completion of a work -related
5460-activity;
5461-44. 46. "Surgery" does not include an injection, or the forcing
5462-of fluids beneath the sk in, for treatment or diagnosis;
5463-45. 47. "Surviving spouse" means the employee's spouse by
5464-reason of a legal marriage recognized by the State of Oklahoma or
5465-under the requirements of a common law marriage in this state, as
5466-determined by the Workers' Compen sation Commission;
5467-46. 48. "Temporary partial disability" means an injured
5468-employee who is temporarily unable to perform his or her job, but
5469-may perform alternativ e work offered by the employer;
5470-47. 49. "Time of accident" or "date of accident" means the time
5471-or date of the occurrence of the accidental incident from which
5472-compensable injury, disability, or death results; and
5473-48. 50. "Wages" means money compensation received for
5474-employment at the time of the accident, including the reasonable
5475-value of board, rent, housing, lodging, or s imilar advantage
5476-received from the employer and includes the amount of tips required
5477-to be reported by the employer under Section 6053 of the Internal
5478-Revenue Code and the regulations promulgated pursuant thereto or the
5479-amount of actual tips reported, whic hever amount is greater.
5480-SECTION 21. AMENDATORY 85A O.S. 2021, Section 3, is
5481-amended to read as follows:
5482-
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5495-13
5496-14
5497-15
5498-16
5499-17
5500-18
5501-19
5502-20
5503-21
5504-22
5505-23
5506-24
5507-
5508-Section 3. A. Every employer and every employee, unless
5509-otherwise specifically provided in th is act, shall be subject and
5510-bound to the provisions of the Administrative Workers' Compensation
5511-Act and every employer shall pay or provide benefits according to
5512-the provisions of this act for the accidental compensable injury or
5513-death of an employee aris ing out of and in the course of his or her
5514-employment, without regard to fault for such injury, if the
5515-employee's contract of employment was made or if the injury occurred
5516-within this state. If an employee makes a claim for an injury in
5517-another jurisdiction, the employee is precluded f rom his or her
5518-right of action under the Administrative Workers' Compensation Act
5519-unless the Workers' Compensation Commission determines that there is
5520-a change in circumstances that creates a good cause to bring the
5521-claim under the Administrative Workers' Compensation Act; provided,
5522-however, that the employee may not receive duplicate benefits to
5523-those received in the foreign jurisdiction and the employee's right
5524-to bring a claim under this act shall be subject to the limitati ons
5525-period for bringing a claim pursuant to paragraph 1 of subsection A
5526-of Section 69 of this title. Nothing in this act shall be construed
5527-to conflict with any valid Act of Congress governing the liability
5528-of employers for injuries received by their empl oyees.
5529-B. The State of Oklahom a accepts the provisions of the Acts of
5530-Congress designated as 40 U.S.C., Section 3172, formerly 40 U.S.C.,
5531-Section 290, and hereby extends the territorial jurisdiction of the
5532-
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5539-7
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5551-19
5552-20
5553-21
5554-22
5555-23
5556-24
5557-
5558-Administrative Workers' Compensation Act of this state to all lands
5559-and premises within the exterior boundaries of this state which the
5560-Government of the United States of America owns or holds by deed or
5561-act of cession, and to all purchases, projects, buildings,
5562-constructions, improvements and property w ithin the exterior
5563-boundaries of this state belonging to the Government of the United
5564-States of America, in the same manner and to the same extent as if
5565-the premises were under the exclusive jurisdiction of this state,
5566-subject only to the limitations place d thereon by the Acts of
5567-Congress.
5568-C. The Administrative Workers' Compensation Act shall apply
5569-only to claims for injuries and death based on accidents which occur
5570-on or after February 1, 2014.
5571-D. The Workers' Compensation Code in effect before February 1,
5572-2014, shall govern all right s in respect to claims for injuries and
5573-death based on accidents occurring before February 1, 2014.
5574-SECTION 22. AMENDATORY 85A O.S. 2021, Section 5, is
5575-amended to read as follows:
5576-Section 5. A. The rights and remedies granted to an employee
5577-subject to the provisions of the Administrative Workers'
5578-Compensation Act shall be exclusive of all other rights and remedies
5579-of the employee, his legal representative, dependents, next of kin,
5580-or anyone else claiming rights to recovery on beha lf of the employee
5581-against the employer, or any principal, officer, director, employee,
5582-
5583-ENGR. H. B. NO. 2375 Page 27 1
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5604-22
5605-23
5606-24
5607-
5608-stockholder, partner, or prime contractor of the employer on account
5609-of injury, illness, or death. Negligent acts of a co -employee may
5610-not be imputed to the employer. No role, capacity, or persona of
5611-any employer, principal, officer, director, employee, or stockholder
5612-other than that existing in the role of employer of the employee
5613-shall be relevant for consideration for purposes of t his act, and
5614-the remedies and right s provided by this act shall be exclusive
5615-regardless of the multiple roles, capacities, or personas the
5616-employer may be deemed to have.
5617-B. Exclusive remedy shall not apply if:
5618-1. An employer fails to secure the payment of compensation due
5619-to the employee as required by this act. An injured employee, or
5620-his or her legal representative in case death results from the
5621-injury, may, at his or her option, elect to claim compensation under
5622-this act or to maintain a legal action in court for damages on
5623-account of the injury or death; or
5624-2. The injury was caused by an intentional tort act committed
5625-by the employer. An intentional tort act shall exist only when the
5626-employee is injured as a result of willful, deliberate, specific
5627-intent of the employer to cause suc h injury. Allegations or proof
5628-that the employer had knowledge that the injury was substa ntially
5629-certain to result from the employer's conduct shall not constitute
5630-an intentional tort. The employee shall plead facts that sh ow it is
5631-at least as likely as it is not that the employer acted with the
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5649-17
5650-18
5651-19
5652-20
5653-21
5654-22
5655-23
5656-24
5657-
5658-purpose of injuring the employee an employer who owns at least ten
5659-percent (10%) of the business engages in or specifically directs the
5660-act that is the proximate cause of the injury to the employee. An
5661-employee or owner of less than ten percent (10%) of the business
5662-shall not be released from liability pursuant to this section if he
5663-or she engaged in an intentional act that was the proximate cause of
5664-the injury or death. The issue of whether an act is an intentional
5665-tort shall be a question of law.
5666-C. The immunity from civil liability described in subsection A
5667-of this section shall apply regardless of whether the injured
5668-employee is denied compensation or deemed ineligible to receiv e
5669-compensation under this act.
5670-D. If an employer has failed to secure the payment of
5671-compensation for his or her injured employee as provid ed for in this
5672-act, an injured employee, or his or her legal representative if
5673-death results from the injury, may ma intain an action in the
5674-district court for damages on account of such injury.
5675-E. The immunity created by the provisions of this section sha ll
5676-not extend to action against another employer, or its employees, on
5677-the same job as the injured or deceased worke r where such other
5678-employer does not stand in the position of an intermediate or
5679-principal employer to the immediate employer of the injured or
5680-deceased worker.
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5701-20
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5705-24
5706-
5707-F. The immunity created by the provisions of this section shall
5708-not extend to action against a nother employer, or its employe es, on
5709-the same job as the injured or deceased worker even though such
5710-other employer may be considered as st anding in the position of a
5711-special master of a loaned servant where such special master neither
5712-is the immediate employer of the injured or deceas ed worker nor
5713-stands in the position of an intermediate or principal employer to
5714-the immediate employer of th e injured or deceased worker.
5715-G. This section shall not be construed to abrogate the loaned
5716-servant doctrine in any respect other than that descri bed in
5717-subsection F of this section. Nothing in this act shall be
5718-construed to relieve the employer from any other penalty provided
5719-for in this act for failure to secure the payment of compensation
5720-under this act.
5721-H. For the purpose of extending the immu nity of this section,
5722-any architect, professional engineer, or land surveyor shall be
5723-deemed an intermediate or principal employer for services performed
5724-at or on the site of a construction project, but this immunity shall
5725-not extend to the negligent prepa ration of design plans and
5726-specifications.
5727-I. If the employer has failed to secure the payment of
5728-compensation as provided in this act or in the case of an
5729-intentional tort, the injured employee or his or her legal
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5755-
5756-representative may maintain an action ei ther before the Commission
5757-or in the district court, but not both.
5758-SECTION 23. AMENDATORY 85A O.S. 2021, Section 13, is
5759-amended to read as follows:
5760-Section 13. A. 1. A mental injury or illness is n ot a
5761-compensable injury unless caused by a physical injury to the
5762-employee, and shall not be considered an injury arising out of and
5763-in the course and scope of employment or compensable unless
5764-demonstrated by a preponderance of the evidence; provided, howe ver,
5765-that this physical injury limitation shall not apply to any victim
5766-of a crime of violence .
5767-2. No mental injury or illness under this section shall be
5768-compensable unless it is also diagnosed by a licensed psychiatrist
5769-or psychologist and unless the dia gnosis of the condition meets the
5770-criteria established in the most current issue of the Diagnostic and
5771-Statistical Manual of Mental Disorders , Fifth Edition (DSM-5).
5772-B. 1. Notwithstanding any other provision of this act, where a
5773-claim is for mental injur y or illness, the employee sha ll be limited
5774-to twenty-six (26) weeks of disability benefits unless it is shown
5775-by clear and convincing evidence t hat benefits should continue for a
5776-set period of time, not to exceed a total of fifty -two (52) weeks.
5777-a. In cases where death results direc tly from the mental
5778-injury or illness within a period of one (1) year,
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5780-ENGR. H. B. NO. 2375 Page 31 1
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5793-14
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5795-16
5796-17
5797-18
5798-19
5799-20
5800-21
5801-22
5802-23
5803-24
5804-
5805-compensation shall be paid the dependents as provid ed
5806-in other death cases unde r this act.
5807-b. Death directly or indirectly related to the mental
5808-injury or illness occurring one (1) year or more from
5809-the incident resulting in the mental injury or illness
5810-shall not be a compensable injury.
5811-SECTION 24. AMENDATORY 85A O.S. 2021, Section 35, is
5812-amended to read as follows:
5813-Section 35. A. 1. Every employer shall secu re compensation as
5814-provided under this act to its employees for compensable injuries
5815-without regard to fault.
5816-2. There shall be no liability for compensation under this act
5817-where the injury or death was substantially occasion ed by the
5818-willful intention as a result of an intentional act of the injured
5819-employee to bring about such compensable injury or death.
5820-B. The primary obligation to pay compensation is on the
5821-employer, and the procurement of a policy of insurance by an
5822-employer to cover the obligation in respect to this act shall not
5823-relieve the employer of the obligation.
5824-SECTION 25. AMENDATORY 85A O.S. 2021, Section 45, is
5825-amended to read as follows:
5826-Section 45. A. Temporary Total Disability.
5827-1. If the injured employee is t emporarily unable to perform his
5828-or her job or any alternative work offered by the employer, he or
5829-
5830-ENGR. H. B. NO. 2375 Page 32 1
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5843-14
5844-15
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5847-18
5848-19
5849-20
5850-21
5851-22
5852-23
5853-24
5854-
5855-she shall be entitled to receive compensation equal to seventy
5856-percent (70%) of the injured employee's average weekly wage, but not
5857-to exceed the state avera ge weekly wage, for one hundred fifty-six
5858-(156) weeks. Provided, there shall be no payment for the first
5859-three (3) days of the initial period o f temporary total disability.
5860-If an administrative law judge finds that a consequ ential injury has
5861-occurred and that additional time is needed to reach maximum medical
5862-improvement, temporary total disability may continue for a period of
5863-not more than an additional fifty-two (52) weeks. Such finding
5864-shall be based upon a showing of med ical necessity by clear and
5865-convincing evidence. An employer shall have the right to recover
5866-any overpayment of temporary total disability payments from a
5867-subsequent permanent partial disability award if the offset is
5868-deemed justified by the Workers' Comp ensation Commission.
5869-2. When the injured employee is released from active medical
5870-treatment by the treating physician for all body parts found by the
5871-Commission to be injure d, or in the event that the employee, without
5872-a valid excuse, misses three consecu tive medical treatment
5873-appointments, fails to comply with medical orders of the treating
5874-physician, or otherwise abandons medical care, the employer shall be
5875-entitled to terminate temporary total disability by notifying the
5876-employee, or if represented, his or her counsel. If, however, an
5877-objection to the termination is filed by the employee within ten
5878-(10) days of termination, the Commission shall set the matter within
5879-
5880-ENGR. H. B. NO. 2375 Page 33 1
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5882-3
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5884-5
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5887-8
5888-9
5889-10
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5892-13
5893-14
5894-15
5895-16
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5897-18
5898-19
5899-20
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5901-22
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59052084 twenty (20) days for a determinat ion if temporary total disability
59062085 compensation shall be reinstated. The temporary to tal disability
59072086 shall remain terminated until such time as the employee complies
59082087 with medical orders of the treating physician. Notwithstanding the
59092088 provisions of this para graph, benefits under this subsection shall
59102089 be permanently terminated by order of the Commission if the employee
59112090 is noncompliant or abandons treatment for sixty (60) days, or if
59122091 benefits under this subsection have been suspended under this
59132092 paragraph at least two times. The administrative law judge may
59142093 appoint an independent medical examin er to determine if further
59152094 medical treatment is reasonable and necessary. The independent
59162095 medical examiner shall not provide treatment to the i njured worker,
59172096 unless agreed upon by the parties.
59182097 B. Temporary Partial Disability.
59192098 1. If the injured employee is temporarily unable to perform his
59202099 or her job, but may perform alternative work offered by the
59212100 employer, he or she shall be entitled to receiv e compensation equal
59222101 to seventy percent (70%) of the difference between the injured
5923-employee's average weekly wa ge before the injury and his or her
2102+employee’s average weekly wage before the injury and his or her
2103+
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59242130 weekly wage for performing alternative work after the injury, but
59252131 only if his or her weekly wage for perform ing the alternative work
59262132 is less than the temporary total disability rate. The injured
5927-employee's actual earnin gs plus temporary partial disability
2133+employee’s actual earnings plus temporary partial disability
59282134 compensation shall not exceed the temporary total disability rate.
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59552135 2. Compensation under this subsection m ay not exceed fifty-two
59562136 (52) weeks.
59572137 3. If the employee refuses to perform the alternative work
59582138 offered by the employee, he or she shall not be entitled to benefits
59592139 under subsection A of this section or under this section.
59602140 C. Permanent Partial Disability.
59612141 1. A permanent partial di sability award or combination of
59622142 awards granted an injured worker may not exceed a pe rmanent partial
59632143 disability rating of one hundred percent (100%) to any body part or
59642144 to the body as a whole. The determination of permanent part ial
59652145 disability shall be the responsibility of the Commission through its
59662146 administrative law judges. Any claim b y an employee for
59672147 compensation for permanent partial disability must be supported by
59682148 competent medical testimony of a medical doctor, osteopathi c
59692149 physician, or chiropracto r, and shall be supported by objective
5970-medical findings, as defined in this act. The opinion of the
5971-physician shall include employee's percentage of permanent partial
5972-disability and whether or not the disability is job -related and
5973-caused by the accidental injury or occupational disease. A
5974-physician's opinion of the nature and extent of p ermanent partial
5975-disability to parts of the body other than scheduled members must be
5976-based solely on criteria established by the Sixth Edition of the
5977-American Medical Association's "Guides to the Evaluation of
5978-Permanent Impairment". A copy of any written evaluation shall be
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6005-sent to both parties within seven (7) days of issuance. Medical
6006-opinions addressing compensability and permanent disabilit y must be
6007-stated within a reasonable degree of medical certainty. Any party
6008-may submit the report of an evaluat ing physician.
2150+medical findings, as defined in this act the Administrative Workers ’
2151+Compensation Act. The opinion of the physician shall include
2152+employee’s percentage of permanent partial disability and whether or
2153+not the disability is job-related and caused by the accidental
2154+
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2181+injury or occupational disease. A physician’s opinion of the nature
2182+and extent of permanent partial disability to parts of the body
2183+other than scheduled members must be based solely on criteria
2184+established by the Sixth Edition of the American Medical
2185+Association’s “Guides to the Evaluation of Permanent Impai rment”. A
2186+copy of any written evaluation shall be sent to both parties within
2187+seven (7) days of issuance. Medical opinions addressing
2188+compensability and p ermanent disability must be stated within a
2189+reasonable degree of medical certainty. Any party may s ubmit the
2190+report of an evaluat ing physician.
60092191 2. Permanent partial disability shall not be allowed to a part
60102192 of the body for which no medical treatment has been received. A
60112193 determination of permanent pa rtial disability made by the Commission
60122194 or administrative law judge which is not su pported by objective
60132195 medical findings provided by a treating physician who is a medical
60142196 doctor, doctor of osteopathy, chiropra ctor or a qualified
60152197 independent medical examine r shall be considered an abuse of
60162198 discretion.
60172199 3. The examining physician shall not deviate from the Guides
60182200 except as may be specifically provided for in the Guides.
60192201 4. In cases of permanent partial disabilit y, the compensation
6020-shall be seventy percent (70%) of the employee's average weekly
2202+shall be seventy percent (7 0%) of the employee’s average weekly
60212203 wage, not to exceed Three Hundred Fifty Dollar s ($350.00) per week
60222204 which shall increase to Three Hundred Sixty Dollars ($360.00) per
6023-week on July 1, 2021 , for a term. Beginning on or after January 1,
6024-2024, compensation for permanent partial disability shall be seventy
6025-percent (70%) of the employee's average weekly wage, not to exceed an
6026-amount equal to forty percent (40%) of the state 's average weekly
6027-wage, rounded to the nearest dollar. Rates to be subsequently
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2232+week on July 1, 2021 ,. Beginning on or after January 1, 2024,
2233+compensation for perman ent partial disability shall be seventy
2234+percent (70%) of the employee’s average weekly wage, not to exceed an
2235+amount equal to forty percent (40%) of the state ’s average weekly
2236+wage, rounded to the nearest doll ar. Rates are to be subsequently
60282237 adjusted January 1, annually for injuries occurring on or a fter the
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6055-date of the adjustmen t. Rate shall be established for each claim
6056-based upon the date of injury. Term not to exceed a total of three
6057-hundred sixty (360) weeks for the body as a whole.
2238+date of the adjustmen t. Rates shall be established for each claim
2239+based upon the date of injury for a term not to exceed a total of
2240+three hundred sixty ( 360) weeks for the body as a whole.
60582241 5. Assessments pursuant to Sections 31, 98 and 122 of this
60592242 title shall be calculated based upon the amount of the permanent
60602243 partial disability award.
60612244 6. Previous Disability: The fact that an employee has suffered
60622245 previous disability or received compensation theref or shall not
60632246 preclude the employee from compensatio n for a later accidental
60642247 personal injury or occupational disease. In the event there exists
60652248 a previous permanent partial disability, including a previous non -
60662249 work-related injury or condition which produce d permanent partial
60672250 disability and the same is aggr avated or accelerated by an
60682251 accidental personal injury or occupational disease, compensation for
60692252 permanent partial disability shall be only for such amount as was
60702253 caused by such accidental personal injury or occupational disease
60712254 and no additional compensat ion shall be allowed for the p reexisting
60722255 disability or impairment. Any such reduction shall not apply to
2256+
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60732283 temporary total disability, nor shall it apply to co mpensation for
6074-medical treatment. If workers' compensation benefits have
2284+medical treatment. If workers ’ compensation benefits have
60752285 previously been awarded through settlement or judicial or
60762286 administrative determination in Oklahoma, the percentage basis of
60772287 the prior settlement or award shall conclusively establish the
60782288 amount of permanent partial disability det ermined to be preexisting.
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6105-If workers' compensatio n benefits have not previously been awarded
2289+If workers’ compensation benefits have not previously been awarded
61062290 through settlement or judicial or administrative determination in
61072291 Oklahoma, the amount of preexisting permanent pa rtial disability
61082292 shall be established by compet ent evidence and determined by the
61092293 Commission.
61102294 7. No payments on any permanent p artial disability order shall
61112295 begin until payments on any preexisting permanent partial disability
61122296 orders have been completed.
61132297 8. The whole body shall represent a maximum of three hundred
61142298 sixty (360) weeks.
61152299 9. The permanent partial disability rate of com pensation for
61162300 amputation or permanent total loss of use of a scheduled member
61172301 specified in Section 46 of this title shall be sev enty percent (70%)
6118-of the employee's average weekly wage, not to exceed Three Hundred
2302+of the employee’s average weekly wage, not to exceed Three Hundred
61192303 Fifty Dollars ($350.00), with an increase to Three Hundred Sixty
61202304 Dollars ($360.00) on July 1, 2021,. Beginning on or after January 1,
61212305 2024, compensation for permanent pa rtial disability shall be seventy
6122-percent (70%) of the employee's average weekly wage, not to exceed an
6123-amount equal to forty pe rcent (40%) of the state's average weekly
6124-wage, rounded to the nearest dollar. Rates to be subsequently
2306+percent (70%) of the employee’s average weekly wage, not to exceed an
2307+
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2334+amount equal to forty pe rcent (40%) of the state’s average weekly
2335+wage, rounded to the nearest dollar. Rates are to be subsequently
61252336 adjusted January 1, annually for injuries occurring on or after th e
6126-date of the adjustment. Rate shall be established fo r each claim
2337+date of the adjustment. Rates shall be established fo r each claim
61272338 based upon the date of injury and multiplied by the number of weeks
61282339 set forth for the member in Section 46 of this title, regardless of
6129-
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61552340 whether the injured employee is able to return to h is or her pre-
61562341 injury or equivalent job.
61572342 10. An injured employee who is eligible for p ermanent partial
61582343 disability under this subsection shall be entitled to receive
61592344 vocational rehabilitation services provided by a technology center
61602345 or public secondary scho ol offering vocational-technical education
61612346 courses, or a member institution of The Okl ahoma State System of
61622347 Higher Education, which shall include retraining and job placement
61632348 to restore the employee to gainful employment. Vocational
61642349 rehabilitation service s or training shall not extend for a period of
61652350 more than fifty-two (52) weeks.
61662351 D. Permanent Total Disability.
61672352 1. In case of total disability adjudged to be permanent,
6168-seventy percent (70%) of the employee's average weekly wages, but
6169-not in excess of the state's average weekly wage, shall be paid to
2353+seventy percent (70%) of the employee ’s average weekly wages, but
2354+not in excess of the state’s average weekly wage, shall be paid to
61702355 the employee during the continuance of t he disability until such
61712356 time as the employee reaches the age of maximum Social Security
61722357 retirement benefits or for a perio d of fifteen (15) years, whichever
2358+
2359+SENATE FLOOR VERSION - HB2375 SFLR Page 47
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61732385 is longer. In the event the claimant dies of causes unrelated to
61742386 the injury or illness, benefits shall cease on the date of death.
61752387 Provided, however, any person entitled to revive the action shall
61762388 receive a one-time lump-sum payment equal to twenty-six (26) weeks
61772389 of weekly benefits for permanent total disability awarded the
61782390 claimant. If more than on e person is entitled to revive the claim,
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62052391 the lump-sum payment shall be evenly divided between or among such
62062392 persons. In the event the Commission awards both permanent p artial
62072393 disability and permanent total disability benefit s, the permanent
62082394 total disability award shall not be due until the permanent partial
62092395 disability award is paid in full. If otherwise qualified according
6210-to the provisions of this act, permanent total disability benefits
6211-may be awarded to an employee who ha s exhausted the maximum period
6212-of temporary total disability even though the employee has not
6213-reached maximum medical improvement.
6214-2. The Workers' Compensation Commission shall annually review
6215-the status of any employee receiving benefits for permanent to tal
6216-disability against the las t employer. The Commission shall require
6217-the employee to annually file an affidavit under penalty of perjury
6218-stating that he or she is not and has not been gainfully employed
6219-and is not capable of gainful employment. Failure to file such
6220-affidavit shall result in suspension of benefits; provided, however,
6221-reinstatement of benefits may occur after proper hearing before the
6222-Commission.
6223-E. 1. The Workers' Compensation Commission may hire or
6224-contract for a Vocational Rehabilita tion Director to oversee the
2396+to the provisions of this act the Administrative Workers’
2397+Compensation Act, permanent total disability benefits may be award ed
2398+to an employee who ha s exhausted the maximum period of temporary
2399+total disability even though the employee has not reached maximu m
2400+medical improvement.
2401+2. The Oklahoma Workers’ Compensation Commission shall annually
2402+review the status of any employee receiving b enefits for permanent
2403+total disability against the las t employer. The Commission shall
2404+require the employee to annually fi le an affidavit under penalty of
2405+perjury stating that he or she is not and has not been gainfully
2406+employed and is not capable of gain ful employment. Failure to file
2407+such affidavit shall result in suspension of benefits; provided,
2408+
2409+SENATE FLOOR VERSION - HB2375 SFLR Page 48
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2435+however, reinstatement of benefits may occur after proper hearing
2436+before the Commission.
2437+E. 1. The Oklahoma Workers’ Compensation Commission may hire
2438+or contract for a Vocational Rehabilita tion Director to oversee the
62252439 vocational rehabilitation program of the Commission.
62262440 2. Upon the request of either party, an administrative law
62272441 judge shall determine if it is appropriate for a claimant to receive
62282442 vocational rehabilita tion training or service s. If appropriate, the
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62552443 administrative law judge shall refer the employee to a qualified
62562444 expert for evaluation of the practicability of, need for and kind of
62572445 rehabilitation services or training necessary and appropriate in
62582446 order to restore the employee to gainful employment. The cost of
62592447 the evaluation shall be paid by the employer.
62602448 3. Upon receipt of such report, and after affording all p arties
62612449 an opportunity to be heard, the administrative law judge shall order
62622450 that any rehabilitation services or trainin g, recommended in the
62632451 report, or such other rehabilitation services or training as the
62642452 administrative law judge may deem necessary, provi ded the employee
62652453 elects to receive such services, shall be provided at the expense of
62662454 the employer. Except as otherwis e provided in this subsection,
62672455 refusal to accept rehabilitation services by the employee s hall in
62682456 no way diminish any benefits allowable to an employee.
62692457 4. The administrative law judge may order vocational
62702458 rehabilitation before the injured employee reache s maximum medical
2459+
2460+SENATE FLOOR VERSION - HB2375 SFLR Page 49
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62712486 improvement, if the treating physician believes that it is likely
6272-that the employee's injury will prevent the employee from returning
2487+that the employee’s injury will prevent the employee from returning
62732488 to his or her former employment. In granting early benefits for
62742489 vocational rehabilitation, the Commissi on shall consider temporary
62752490 restrictions and the likelihood that such rehabilitation will return
62762491 the employee to gainful employment earli er than if such benefits are
62772492 granted after the permanent partial disability hearing in the clai m.
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63042493 5. Vocational rehabi litation services or training shall not
63052494 extend for a period of more than fifty-two (52) weeks. A request
63062495 for vocational rehabilitation s ervices or training shall be filed
63072496 with the Commission by an interested party not later than si xty (60)
63082497 days from the date of receiving permanent dis ability that prevents
63092498 the injured employee from returning to his or her pre-injury or
63102499 equivalent position.
63112500 6. If rehabilitation requires residence at or near the facility
6312-or institution which is away from the employee's custo mary
6313-residence, reasonable cos t of the employee's board, lodging, travel,
2501+or institution which is away f rom the employee’s customary
2502+residence, reasonable cos t of the employee’s board, lodging, travel,
63142503 tuition, books and necessary equipment in training shall be pai d for
63152504 by the insurer in addition to weekly compensation benefits to which
6316-the employee is otherwise entitled under the Administrative Workers'
2505+the employee is other wise entitled under the Administrative Workers ’
63172506 Compensation Act.
63182507 7. During the period when an employee is active ly and in good
63192508 faith being evaluated or partici pating in a retraining or job
63202509 placement program for purposes of evaluating permanent total
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63212537 disability status, the emplo yee shall be entitled to recei ve
6322-benefits at the same rate as the employee's temporary total
2538+benefits at the same rate as the employee’s temporary total
63232539 disability benefits for an additional fifty -two (52) weeks. All
63242540 tuition related to vocational rehabilitation services shall be paid
6325-by the employer or the employe r's insurer on a periodic basi s
2541+by the employer or the employe r’s insurer on a periodic basi s
63262542 directly to the facility providing the vocational rehabili tation
63272543 services or training to the employee.
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63542544 F. Disfigurement.
63552545 1. If an injured employee incurs serious and permanent
63562546 disfigurement to any p art of the body, the Com mission may award
63572547 compensation to the injured employee in an amount not to exceed
63582548 Fifty Thousand Dollars ($50,000.00).
63592549 2. No award for disfigurement shall be entered until twelve
63602550 (12) months after the injury unless the treating phy sician deems the
63612551 wound or incision to be fully healed.
63622552 3. An injured employee shall not be entitled to compensati on
63632553 under this subsection if he or she receives an award for permanent
63642554 partial disability to the same part of the body.
63652555 G. Benefits for a sing le-event injury shall be determined by
63662556 the law in effect at the time of injury. Benefits for a cumulative
63672557 trauma injury or occupational disease or illness shall be determined
63682558 by the law in effect at the time the employee knew or reasonably
63692559 should have known that the injury, occu pational disease or illness
2560+
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63702587 was related to work activity. Benefits for death shall be
63712588 determined by the law in effect at the time of dea th.
6372-SECTION 26. AMENDATORY 85A O.S. 2021, Section 46, is
2589+SECTION 10. AMENDATORY 85A O.S. 2021, Section 46, is
63732590 amended to read as follows:
63742591 Section 46. A. An injured employee wh o is entitled to receive
63752592 permanent partial disability compen sation under Section 45 of this
63762593 title shall receive compensation for each part of the body in
6377-
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64032594 accordance with the number of weeks for the sche duled loss set forth
64042595 below.
64052596 1. Arm amputated at the e lbow, or between the elbow and
64062597 shoulder, two hundred seventy -five (275) weeks;
64072598 2. Arm amputated between th e elbow and wrist, two hundred
64082599 twenty (220) weeks;
64092600 3. Leg amputated at the knee, or between th e knee and the hip,
64102601 two hundred seventy-five (275) weeks;
64112602 4. Leg amputated between the knee and the ankle, two hu ndred
64122603 twenty (220) weeks;
64132604 5. Hand amputated, t wo hundred twenty (220) weeks;
64142605 6. Thumb amputated, sixty -six (66) weeks;
64152606 7. First finger ampu tated, thirty-nine (39) weeks;
64162607 8. Second finger amput ated, thirty-three (33) weeks;
64172608 9. Third finger amputated, t wenty-two (22) weeks;
64182609 10. Fourth finger amputa ted, seventeen (17) weeks;
64192610 11. Foot amputated, two hundred twenty (220) weeks;
2611+
2612+SENATE FLOOR VERSION - HB2375 SFLR Page 52
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64202638 12. Great toe amputated, thirty-three (33) weeks;
64212639 13. Toe other than great toe amputated, eleven (11) weeks;
64222640 14. Eye enucleated, in which there was useful vision, two
64232641 hundred seventy-five (275) weeks;
64242642 15. Loss of hearing of one ear, one hundred ten (110) weeks;
64252643 16. Loss of hearing of both ears, three hundred thirty (33 0)
64262644 weeks; and
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64532645 17. Loss of one testicle, fifty -three (53) weeks; loss of both
64542646 testicles, one hundred fifty -eight (158) weeks.
64552647 B. The permanent partial disability rate of compensation for
64562648 amputation or permanent total loss of use of a scheduled member
64572649 specified in this section shall be seventy percent (70%) of the
6458-employee's average weekly wage, not to exceed Three Hundred
6459-Fifty Dollars ($350.00) with an increase to Three Hundred Sixty
6460-Dollars ($360.00) on July 1, 2021 ,. Beginning on or after
6461-January 1, 2024, compensation for permanent partial disability
6462-shall be seventy percent (70%) of the employee 's average weekly
6463-wage, not to exceed an amount equal to forty percent (40%) of
6464-the state's average weekly wage, rounded to the nearest dollar.
6465-Rates to be subsequently adjusted January 1, annually for
6466-injuries occurring on or after the date of the adjustment.
6467-Rate shall be established for each claim based upon the date of
6468-injury multiplied by the number of weeks as set forth in thi s
6469-section, regardless of whether or not the injured employee is
6470-able to return to his or her pre -injury job.
6471-C. Other cases: In cases in which the Workers' Compensation
6472-Commission finds an injury to a part of the body not specifically
6473-covered by the foregoing provisions of this secti on, the employee
6474-may be entitled to compensation for permanent partial disability.
6475-The compensation ordered paid shall be seventy percent (70%) of the
6476-employee's average weekly wage, not to exceed Three Hundred Fifty
6477-
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2650+employee’s average weekly wage, not to exceed T hree Hundred Fifty
65032651 Dollars ($350.00) with an increase to Three Hundred Sixty Dollars
6504-($360.00) on July 1, 2021 ,. Beginning January 1, 2024, an amount
6505-equal to forty percent (40%) of the state 's average weekly wage,
6506-rounded to the nearest whole dollar. Rate to be subsequently
6507-adjusted January 1, annually, for injuries occurring on or after the
6508-date of the adjustment for the number of weeks which the partial
6509-disability of the employee bears to three hundred fifty (350) three
6510-hundred sixty (360) weeks.
2652+($360.00) on July 1, 2021,. Beginning on or after January 1, 2024,
2653+compensation for permanent partial disability shall be s eventy
2654+percent (70%) of the employee’s average weekly wage, not to exceed
2655+an amount equal to forty percent (40%) of the state ’s average weekly
2656+wage, rounded to the nearest dollar. Rates are to be subsequently
2657+adjusted January 1, annually for injuries occu rring on or after the
2658+date of the adjustment. Rates shall be established for each claim
2659+based upon the date of injury and multiplied by the number of weeks
2660+as set forth in this section, regardless of whether or not the
2661+injured employee is able to return t o his or her pre-injury job.
2662+
2663+SENATE FLOOR VERSION - HB2375 SFLR Page 53
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2689+C. Other cases: In cases in which the Oklahoma Workers’
2690+Compensation Commission finds an injury to a part of the body not
2691+specifically covered by the fore going provisions of this secti on,
2692+the employee may be entitled to compe nsation for permanent part ial
2693+disability. The compensation ordered paid shall be seventy percent
2694+(70%) of the employee ’s average weekly wage, not to exceed Thr ee
2695+Hundred Fifty Dollars ($350.00) with an increase to Three Hundred
2696+Sixty Dollars ($360.00) on July 1, 2021,. Beginning January 1,
2697+2024, an amount equal to forty percent (40%) of the state ’s average
2698+weekly wage, rounded to the nearest whole dollar. Rate s are to be
2699+subsequently adjusted January 1, annually, for injuries occurring on
2700+or after the date of the adjustment for the number of weeks which
2701+the partial disability of the employee bears to three hundred fifty
2702+(350) three hundred sixty (360) weeks.
65112703 D. 1. Compensation for amputat ion of the first phalang e of a
65122704 digit shall be one-half (1/2) of the compensation for the amputati on
65132705 of the entire digit.
65142706 2. Compensation for amputation of more than one phalange of a
65152707 digit shall be the same as for amputation of th e entire digit.
65162708 E. 1. Compensation for the perm anent loss of eighty percent
65172709 (80%) or more of the vision of an eye shall be the same as for the
65182710 loss of an eye.
2711+
2712+SENATE FLOOR VERSION - HB2375 SFLR Page 54
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65192738 2. In all cases of permanent loss of vision, the use of
65202739 corrective lenses may be taken into co nsideration in evaluating the
65212740 extent of loss of vision.
65222741 F. Compensation for amputation or loss of use of two or more
65232742 digits or one or more phalanges of two or more digits of a hand or a
65242743 foot may be proportioned to the total loss of use of the hand or the
65252744 foot occasioned thereby b ut shall not exceed the compen sation for
65262745 total loss of a hand or a foot.
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65532746 G. Compensation for per manent total loss of use of a member
65542747 shall be the same as for amputation of the member.
65552748 H. The sum of all permanent partial disabilit y awards,
65562749 excluding awards against the Multiple Injury Trust Fund, shall not
65572750 exceed three hundred fifty (350) three hundred sixty (360) weeks.
6558-SECTION 27. AMENDATORY 85A O.S. 2021, Section 47, is
2751+SECTION 11. AMENDATORY 85A O.S. 2021, Section 47, is
65592752 amended to read as follows:
65602753 Section 47. A. Time of death. If death does not result within
65612754 one (1) year from the date of the accident or within the first t hree
65622755 (3) years of the period for compensation payments fixed by the
65632756 compensation judgment, a rebuttable presumption shall arise that t he
65642757 death did not result f rom the injury.
65652758 B. Common law spouse. A common law spouse shall not be
65662759 entitled to benefits und er this section unless he or she obtains an
6567-order from the Workers' Compensation Commission ruling that a common
6568-law marriage existed between the decedent and the surviving spouse.
6569-The ruling by the Commission shall be exclusive in regard to
6570-benefits under this section regardless of any district court
6571-decision regarding the probate of the decedent's estate.
2760+order from the Oklahoma Workers’ Compensation Commission ruling that
2761+a common law marriage existed between the decedent and the surviving
2762+
2763+SENATE FLOOR VERSION - HB2375 SFLR Page 55
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2789+spouse. The ruling by the Commission shall be exclusive in regard
2790+to benefits under this section regardless of any district court
2791+decision regarding the probate of the decedent ’s estate.
65722792 C. Beneficiaries - Amounts. If an injury or occupati onal
65732793 illness causes death, weekly income benefits shall be payable as
65742794 follows:
65752795 1. If there is a surviving spouse, a lump-sum payment of One
65762796 Hundred Thousand Dollars ($100,000.00) and seventy percent (70%) of
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6603-the lesser of the deceased employee's average w eekly wage and the
2797+the lesser of the dece ased employee’s average weekly wage and the
66042798 state average weekly wage. In addition to the benefits theretofore
6605-paid or due, two (2) years' indemnity benefit in one lump sum shall
2799+paid or due, two (2) years’ indemnity benefit in one lump sum shall
66062800 be payable to a surviving spouse upon remarriage;
66072801 2. If there is a survivin g spouse and a child or c hildren, a
66082802 lump-sum payment of Twenty-five Thousand Dollars ($25,000.00) and
6609-fifteen percent (15%) of the lesser of the deceased employee's
2803+fifteen percent (15%) of the lesser of the deceased employee’s
66102804 average weekly wage and the state average weekly wage to each child.
66112805 If there are more tha n two children, each chil d shall receive a pro
66122806 rata share of Fifty Thousand Dollars ($50,000.00) and thirty perce nt
6613-(30%) of the deceased employee's average weekly wage;
2807+(30%) of the deceased employee’s average weekly wage;
66142808 3. If there is a child or children and no surviving spouse, a
66152809 lump-sum payment of Twenty-five Thousand Dollars ($25,000.00) and
6616-fifty percent (50%) of the lesser of the deceased employee's average
2810+fifty percent (50%) of the lesser of the deceased employee’s average
66172811 weekly wage and the state average weekly wage to each child. If
66182812 there are more than two children, each child shall receive a pro
2813+
2814+SENATE FLOOR VERSION - HB2375 SFLR Page 56
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66192840 rata share of one hundred percent (100% ) of the lesser of the
6620-deceased employee's average weekly wage and the state average weekly
2841+deceased employee’s average weekly wage and the state average wee kly
66212842 wage. With respect to the lump-sum payment, if there are more than
66222843 six children, each child shall receive a pro rata share of One
66232844 Hundred Fifty Thousand Dollars ($ 150,000.00);
66242845 4. If there is no surviving spouse or children, each legal
66252846 guardian, if financially dependent on the employee at the time of
66262847 death, shall receive twenty-five percent (25%) of the lesser of the
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6653-deceased employee's average weekly wage and the s tate average weekly
2848+deceased employee’s average weekly wage and the s tate average weekly
66542849 wage until the earlier of death, becoming eligible for Social
66552850 Security, obtaining full-time employment, or five (5) years from the
66562851 date benefits under this section begin If there is no surviving
66572852 spouse or children, Five Thousand Dollars ($5,000.00) shall be paid
66582853 to the parents and shall be divided to share and share alike;
6659-5. If there is no surviving spouse, children or parents, to the
6660-brothers, sisters, grandparents and grandchildren shall be paid Five
6661-Thousand Dollars ($5,000.00) . If there should be more than one of
6662-such dependents, the total benefits payable for the benefit of such
6663-dependents shall be divided to share and share alike ;
2854+5. If there is no surviving spouse, children, or parents, to
2855+the brothers, sisters, grandparents, and grandchildren shall be paid
2856+Five Thousand Dollars ($5,000.00). If there should be more than one
2857+of such dependents, the total benefits payable for the benefit of
2858+such dependents shall be divided to share and share alike ;
66642859 6. If there is no surviving spouse, children, parents,
6665-brothers, sisters, grandparents or grandchildren, to each legal
2860+brothers, sisters, grandparents, or grandchildren, to each legal
66662861 guardian, if financially dependent on the employee at the time of
66672862 death and upon proof of pecuniary loss shall receive an amount not
66682863 to exceed Five Thousand Dollars ($5 ,000.00); and
2864+
2865+SENATE FLOOR VERSION - HB2375 SFLR Page 57
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66692891 5. 7. The employer shall pay the actual funeral expen ses, not
66702892 exceeding the sum of Ten Thousand Dollars ($10,000.00).
66712893 D. The weekly income benefits payable to the surviving spouse
66722894 under this section shall continue while the surviving spouse remains
66732895 unmarried. In no event shall this spousal weekly income be nefit be
66742896 diminished by the awa rd to other beneficiaries. The weekly income
66752897 benefits payable to any child under this section shall terminate on
6676-
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67022898 the earlier of death, marriage, or reaching the age of eighteen
67032899 (18). However, if the child turns eighteen (18) and is:
67042900 1. Enrolled as a ful l-time student in high school or is being
67052901 schooled by other means pursuant to the Oklahoma Constitution;
67062902 2. Enrolled as a full -time student in any accredited
67072903 institution of higher education or vocatio nal or technology
67082904 education; or
67092905 3. Physically or menta lly incapable of self-support,
67102906 then he or she may co ntinue to receive weekly income benefits under
67112907 this section until the earlier of reaching the age of twenty -three
67122908 (23) or, with respect to paragraphs 1 and 2 of this subsecti on, no
67132909 longer being enrolled a s a student, and with respect to paragraph 3
67142910 of this subsection, becoming capable of self-support.
67152911 E. If any member of the class of beneficiaries who receive a
67162912 pro rata share of weekly income benefits becomes ineligible to
67172913 continue to receive benefits, th e remaining members of the class
2914+
2915+SENATE FLOOR VERSION - HB2375 SFLR Page 58
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67182941 shall receive adjusted weekly income benefits equal to the new class
67192942 size.
67202943 F. To receive benefits under this section, a beneficiary or his
67212944 or her guardian, if applicab le, shall file a proof of loss form with
67222945 the Commission. All questions of dependency shall be determined a s
67232946 of the time of the injury. The employer shall initiate payment of
6724-benefits within fifteen (15) days of the Commission's determination
2947+benefits within fifteen (15) days of the Commission ’s determination
67252948 of the proper beneficiaries. The Com mission shall appoint a
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67522949 guardian ad litem to represent known and unknown minor chi ldren and
67532950 the guardian ad litem shall be paid a reasonable fee for his or her
67542951 services.
6755-SECTION 28. AMENDATORY 85A O.S. 2021, Section 50, is
2952+SECTION 12. AMENDATORY 85A O.S. 2021 , Section 50, is
67562953 amended to read as follows:
67572954 Section 50. A. The employer shall promptly provide an injured
67582955 employee with medical, surgical, hospital, optometric, podiatric,
67592956 chiropractic and nursing services, along with any medicine,
67602957 crutches, ambulatory devices, artificial limbs , eyeglasses, contact
67612958 lenses, hearing aids, and other apparatus as may be reasonably
67622959 necessary in connection with the injury received by the employee.
67632960 The employer shall have the right to choose the treating physician
67642961 or chiropractor.
67652962 B. If the employer fails or neglects to provide m edical
67662963 treatment within five (5) days after actual know ledge is received of
67672964 an injury, the injured employee may select a physician or
2965+
2966+SENATE FLOOR VERSION - HB2375 SFLR Page 59
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67682992 chiropractor to provide medical treatment at the expense of the
67692993 employer; provided, however, that the injured employee, or another
6770-in the employee's behalf, may obtain emergency treatment at the
2994+in the employee’s behalf, may obtain emergency treatment at the
67712995 expense of the employer where such emergency treatment is not
67722996 provided by the employer.
67732997 C. Diagnostic tests shall not be repeat ed sooner than six (6)
67742998 months from the date of the test unless agreed to by the parties or
67752999 ordered by the Commission for good cause shown.
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68023000 D. Unless recommended by the treating doctor or chiropractor at
68033001 the time claimant reaches maximum medical improvemen t or by an
68043002 independent medical examiner, continuing med ical maintenance shall
68053003 not be awarded by the Commission . The employer or insurance carrier
68063004 shall not be responsible for continuing medical maintenance or pain
68073005 management treatment that is outside the parameters established by
68083006 the Physician Advisory Commit tee or ODG. The employer or insurance
68093007 carrier shall not be responsible for continuing medical maintenance
68103008 or pain management treatment not previously ordered by the
68113009 Commission or approved in advance b y the employer or insuran ce
68123010 carrier.
68133011 E. An employee claiming or entitled to benefits under the
6814-Administrative Workers' Compensation Act this act, shall, if ordered
3012+Administrative Workers’ Compensation Act this act, shall, if ordered
68153013 by the Commission or requested by the employer or insurance carrier,
68163014 submit himself or hers elf for medical examinati on. If an employee
68173015 refuses to submit himself or herself to examination, his or her
6818-right to prosecute any proceeding under the Administrative Workers'
3016+
3017+SENATE FLOOR VERSION - HB2375 SFLR Page 60
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3043+right to prosecute any proceeding under the Administrative Workers ’
68193044 Compensation Act this act shall be suspended, and no compensation
68203045 shall be payable for the period of suc h refusal.
68213046 F. For compensable injuries resulting in the use of a medical
68223047 device, ongoing service for the medical device shall be provided in
68233048 situations including, but not limited to, medical device battery
68243049 replacement, ongoing med ication refills related t o the medical
68253050 device, medical device repair, or medical device replacement.
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68523051 G. The employer shall reimburse the employee for the actual
68533052 mileage in excess of twenty (20) miles round trip to and from the
6854-employee's home to the location of a medical service provider for
3053+employee’s home to the location of a medical service provider for
68553054 all reasonable and necessary treatment, for an evaluation of an
68563055 independent medical examiner and for any evaluation made at the
68573056 request of the employer or insurance carrier. The rate of
68583057 reimbursement for such travel e xpense shall be the offic ial
68593058 reimbursement rate as esta blished by the State Travel Reimbursement
68603059 Act. In no event shall the reimbursement of travel for medical
68613060 treatment or evaluation exceed six hundred (600) miles round trip.
68623061 H. Fee Schedule.
68633062 1. The Commission shall conduct a review and update of the
68643063 Current Procedural Terminology (CPT) in the Fee Schedule eve ry two
68653064 (2) years pursuant to the provisions of paragraph 14 of this
68663065 subsection. The Fee Schedule shall establish the maximum rates that
68673066 medical providers shall be reimbur sed for medical care provided to
3067+
3068+SENATE FLOOR VERSION - HB2375 SFLR Page 61
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68683094 injured employees including, but not limited to, cha rges by
68693095 physicians, chiropractors, dentists, counselors, hospitals,
68703096 ambulatory and outpatient facilities, clinical laboratory services,
68713097 diagnostic testing services, and am bulance services, and charges for
68723098 durable medical equipment, prosthetics, orthotics, and supplies.
68733099 The most current Fee Schedule established by the Administrator of
6874-the Workers' Compensation Court prior to February 1, 2014, shall
6875-
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3100+the Workers’ Compensation Court prior to February 1, 2014, shall
69013101 remain in effect, unless or until the Legislature appro ves the
6902-Commission's proposed Fee Schedule.
3102+Commission’s proposed Fee Schedule.
69033103 2. Reimbursement for medical care shall be prescribed and
69043104 limited by the Fee Schedule. The director of the Employees Group
69053105 Insurance Division of the Office of Management and Enterp rise
69063106 Services shall provide th e Commission such information as may be
69073107 relevant for the development of the Fee Schedule. The Commission
69083108 shall develop the Fee Schedule in a manner in which quality of
69093109 medical care is assured and main tained for injured employ ees. The
69103110 Commission shall giv e due consideration to additional requirements
69113111 for physicians treating an injured worker under the Administrative
6912-Workers' Compensation Act, including, but not limited to,
3112+Workers’ Compensation Act, including, but not limited to,
69133113 communication with claims rep resentatives, case manage rs, attorneys,
69143114 and representatives of employers, and the additional time required
69153115 to complete forms for the Commission, insurance carriers, and
69163116 employers.
3117+
3118+SENATE FLOOR VERSION - HB2375 SFLR Page 62
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69173144 3. In making adjustments to the Fee Schedule, the Commission
69183145 shall use, as a benchmark, the reimburs ement rate for each Current
69193146 Procedural Terminology (CPT) code provided for in the fee schedule
69203147 published by the Centers for Medicare and Medicaid Services of the
69213148 U.S. Department of Health and Human Services for use in Oklahoma
69223149 (Medicare Fee Schedule) on th e effective date of this secti on,
6923-workers' compensation fee schedules employed by neighboring states,
6924-the latest edition of "Relative Values for Physicians" (RVP), usual,
6925-
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6951-customary and reasonable medical payments to workers' compensation
3150+workers’ compensation fee schedules employed by nei ghboring states,
3151+the latest edition of “Relative Values for Physicians ” (RVP), usual,
3152+customary and reasonable medical payments to workers ’ compensation
69523153 health care providers in the same trade area for comparable
69533154 treatment of a person with similar injuries , and all other data the
69543155 Commission deems relevant. For services not valued by CMS, the
69553156 Commission shall establish values based on the usual, cus tomary and
69563157 reasonable medical payments to health care p roviders in the same
69573158 trade area for comparable treatmen t of a person with similar
69583159 injuries.
69593160 a. No reimbursement shall be allowed for any magnetic
69603161 resonance imaging (MRI) unless the MRI is provided by
69613162 an entity that meets Medic are requirements for the
69623163 payment of MRI services or is accredited by the
69633164 American College of Radiology, the Intersocietal
69643165 Accreditation Commission or the Joint Commission on
69653166 Accreditation of Healthcare Organizations . For all
69663167 other radiology procedures, th e reimbursement rate
3168+
3169+SENATE FLOOR VERSION - HB2375 SFLR Page 63
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69673195 shall be the lesser of the reimbursement rate allowed
69683196 by the 2010 Oklahoma Fee Schedule and two hundred
69693197 seven percent (207%) of the Medicare Fee Schedule.
69703198 b. For reimbursement of medical services for Evaluation
69713199 and Management of injure d employees as defined in the
69723200 Fee Schedule adopted by the Commission, the
69733201 reimbursement rate shall not be less than one hundred
69743202 fifty percent (150%) of the Medicare Fee Schedule.
6975-
6976-ENGR. H. B. NO. 2375 Page 55 1
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70013203 c. Any entity providing durable medical equipment,
70023204 prosthetics, orthotics or supplies shall be accredited
70033205 by a CMS-approved accreditation organization. If a
70043206 physician provides durable medical equipment,
70053207 prosthetics, orthotics, prescription drugs, or
7006-supplies to a patient ancillary to the patient's
3208+supplies to a patient ancillary to the patient ’s
70073209 visit, reimbursement shall be no more than ten percent
70083210 (10%) above cost.
70093211 d. The Commission shall develop a reasonable stop-loss
70103212 provision of the Fee Schedule to provide for adequate
70113213 reimbursement for treatment for major burns, severe
70123214 head and neurological injuries , multiple system
70133215 injuries, and other catastrophic inju ries requiring
70143216 extended periods of intensive care. An employer or
70153217 insurance carrier shall have the right to audit the
70163218 charges and question the reasonableness and necessity
3219+
3220+SENATE FLOOR VERSION - HB2375 SFLR Page 64
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70173246 of medical treatment contain ed in a bill for treatmen t
70183247 covered by the stop-loss provision.
70193248 4. The right to recover charges for every type of medical care
70203249 for injuries arising out of and in the course of covered employment
7021-as defined in the Administrative Workers' Compensation Act shall lie
3250+as defined in the Administrative Workers ’ Compensation Act shall lie
70223251 solely with the Commission. When a medical car e provider has
70233252 brought a claim to the Commission to obt ain payment for services, a
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70503253 party who prevails in full on the claim shall be entitled to
70513254 reasonable attorney fees.
70523255 5. Nothing in this section sha ll prevent an employer, i nsurance
70533256 carrier, group self-insurance association, or certified workplace
70543257 medical plan from contracting with a provider of medical care for a
70553258 reimbursement rate that is greater than or less than limits
70563259 established by the Fee Sched ule.
70573260 6. A treating physi cian may not charge more than Four Hundred
70583261 Dollars ($400.00) per hour for preparation for or testimony at a
70593262 deposition or appearance before the Commission in connection with a
7060-claim covered by the Administrative Workers' Compensation Act.
7061-7. The Commission's review of medical and trea tment charges
3263+claim covered by the Administrative Workers ’ Compensation Act.
3264+7. The Commission’s review of medical and trea tment charges
70623265 pursuant to this section shall be conduct ed pursuant to the Fee
70633266 Schedule in existence at the time the medical care or treatment was
70643267 provided. The judgment approving the medical and treat ment charges
70653268 pursuant to this section shall be enforcea ble by the Commission in
7066-the same manner as provided in the Administrative Workers'
3269+
3270+SENATE FLOOR VERSION - HB2375 SFLR Page 65
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3296+the same manner as provided in the Administrative Workers’
70673297 Compensation Act for the enforcement of other compensation payments.
70683298 8. Charges for prescription drugs dispensed by a pharmacy shall
70693299 be limited to ninety percent (90%) of the average wholesale price of
70703300 the prescription, plus a dispensing fee of Five Dollars ($5.00) per
7071-prescription. "Average wholesale price" means the amount determined
3301+prescription. “Average wholesale price ” means the amount determined
70723302 from the latest publication desig nated by the Commission.
70733303 Physicians shall prescribe an d pharmacies shall dispense generic
7074-
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71003304 equivalent drugs when available. If the National Drug Code, or
7101-"NDC", for the drug product dispensed is for a repackaged drug, then
3305+“NDC”, for the drug product dispensed is for a repackaged drug, then
71023306 the maximum reimbursement shall be the lesser of the orig inal
7103-labeler's NDC and the low est-cost therapeutic equivalent drug
3307+labeler’s NDC and the lowest-cost therapeutic equivalent drug
71043308 product. Compounded medications shall be billed by the compounding
71053309 pharmacy at the ingredient level, with each ingredient identified
71063310 using the applicable NDC of th e drug product, and the c orresponding
71073311 quantity. Ingredients with no NDC area are not separately
71083312 reimbursable. Payment shall be based on a sum of the allowable fee
71093313 for each ingredient plus a dispensing fee of Five Dollars ($5.00)
71103314 per prescription.
71113315 9. When medical care includes p rescription drugs dispensed by a
71123316 physician or other medical care provider and the NDC for the drug
71133317 product dispensed is for a repackaged drug, then the maximum
7114-reimbursement shall be the lesser of the original labeler's NDC and
3318+reimbursement shall be the lesser of the original labeler ’s NDC and
71153319 the lowest-cost therapeutic equivalent drug product. Paym ent shall
3320+
3321+SENATE FLOOR VERSION - HB2375 SFLR Page 66
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71163347 be based upon a sum of the allowable fee for each ingredient plus a
71173348 dispensing fee of Five Dollars ($5.00) per prescription. Compounded
71183349 medications shall be billed by the compounding pharmac y.
71193350 10. Implantables are paid in addition to procedural
71203351 reimbursement paid for medical or surgical services. A
7121-manufacturer's invoice for the actual cost to a physician, hospital
3352+manufacturer’s invoice for the actual cost to a physician, hospital
71223353 or other entity of an implantable device shall be adjusted by the
71233354 physician, hospital or other entity to reflect, at the time
7124-
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71503355 implanted, all applicable discounts, rebates, considerations and
71513356 product replacement programs and shall be provided to the payer by
71523357 the physician or hospital as a condition of payment for the
71533358 implantable device. If the physician, or an entity in which the
71543359 physician has a financial interest other than an ownership interest
71553360 of less than five percent (5%) in a publically publicly traded
71563361 company, provides implantable devices, this relationship shall be
71573362 disclosed to patient, employer, i nsurance company, third -party
71583363 commission, certified workplace medical plan, case mana gers, and
71593364 attorneys representing claimant and defendant. If the physician, or
71603365 an entity in which the physician has a financial interest other tha n
71613366 an ownership interest o f less than five percent (5%) in a publicly
71623367 traded company, buys and resells implanta ble devices to a hospital
71633368 or another physician, the markup shall be limited to ten percent
71643369 (10%) above cost.
3370+
3371+SENATE FLOOR VERSION - HB2375 SFLR Page 67
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71653397 11. Payment for medical care as requ ired by the Administrativ e
7166-Workers' Compensation Act sh all be due within forty-five (45) days
3398+Workers’ Compensation Act shall be due within forty-five (45) days
71673399 of the receipt by the employer or insurance carrier of a complete
71683400 and accurate invoice, unless the employer or insurance carrier has a
71693401 good-faith reason to reques t additional information about such
71703402 invoice. Thereafter, the Commission may assess a penalty up to
71713403 twenty-five percent (25%) for any amount due under the Fee Schedule
71723404 that remains unpaid on the finding by the Commission that no good -
71733405 faith reason existed f or the delay in payment. If the Commission
7174-
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72003406 finds a pattern of an employer or insurance carrier willfully and
72013407 knowingly delaying payments for medical care, the Commission may
72023408 assess a civil penalty of not more than Five Thousand Dollars
72033409 ($5,000.00) per occurrence.
72043410 12. If an employee fails to appear for a sche duled appointment
72053411 with a physician or chiropractor, the employer or insurance company
72063412 shall pay to the physician or chiropractor a reasonable charge, to
72073413 be determined by the Commission, for the missed appointment. In the
72083414 absence of a good-faith reason for missing the appointment, the
72093415 Commission shall order th e employee to reimburse the employer or
72103416 insurance company for the charge.
72113417 13. Physicians or chiropractors providing treatment under the
7212-Administrative Workers' Compensati on Act shall disclose under
3418+Administrative Workers’ Compensation Act shall disclose under
72133419 penalty of perjury to the Commission, on a form prescribe d by the
72143420 Commission, any ownership or interest in any health care facility,
7215-business, or diagnostic center that is not the physician's or
7216-chiropractor's primary place of b usiness. The disclosure shall
3421+
3422+SENATE FLOOR VERSION - HB2375 SFLR Page 68
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3448+business, or diagnostic center that is not the physician ’s or
3449+chiropractor’s primary place of b usiness. The disclosure shall
72173450 include any employee leasing arrangement between the p hysician or
72183451 chiropractor and any health care facility that is not the
7219-physician's or chiropractor's primary place of business. A
7220-physician's or chiropractor's failure to disclose as required by
3452+physician’s or chiropractor’s primary place of business. A
3453+physician’s or chiropractor’s failure to disclose as required by
72213454 this section shall be grounds for the Commission to disqualif y the
72223455 physician or chiropractor from providing treatment under the
7223-Administrative Workers' Compensation Act.
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3456+Administrative Workers’ Compensation Act.
72503457 14. a. Beginning on May 28, 2019, the Commission shall
72513458 conduct an evaluation of the Fee Sche dule, which shall
72523459 include an update of the list of Curr ent Procedural
72533460 Terminology (CPT) codes, a line item adjustment or
72543461 renewal of all rates, and amendment as needed to the
72553462 rules applicable to the Fee Schedule.
72563463 b. The Commission shall contract with an ext ernal
7257-consultant with knowledge of workers' compensation fee
3464+consultant with knowledge of workers’ compensation fee
72583465 schedules to review regional and nationwide
7259-comparisons of Oklahoma's Fee Schedule rates and date
3466+comparisons of Oklahoma ’s Fee Schedule rates and date
72603467 and market for medical services. The cons ultant shall
72613468 receive written and oral comment from empl oyers,
7262-workers' compensation medical service and insurance
3469+workers’ compensation medical service and insura nce
72633470 providers, self-insureds, group self-insurance
72643471 associations of this state a nd the public. The
3472+
3473+SENATE FLOOR VERSION - HB2375 SFLR Page 69
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72653499 consultant shall submit a report of its finding s and a
72663500 proposed amended Fee Schedule to the Commission .
72673501 c. The Commission shall adopt the proposed amended Fe e
72683502 Schedule in whole or in part and make any additional
72693503 updates or adjustments. The Commission shall submit a
72703504 proposed updated and adjusted Fee Sc hedule to the
72713505 President Pro Tempore of the Senate, the Speaker of
72723506 the House of Representatives and the Governo r. The
72733507 proposed Fee Schedule shall become effective on July 1
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73003508 following the legislative session, if approved by
73013509 Joint Resolution of the Legislatu re during the session
73023510 in which a proposed Fee Schedule is submitted.
73033511 d. Beginning on May 28, 2019, an external evaluation
73043512 shall be conducted and a proposed amended Fee Schedule
73053513 shall be submitted to the Legislature for approval
73063514 during the 2020 legislative session. Thereafter, an
73073515 external evaluation shall be c onducted and a proposed
73083516 amended Fee Schedule shall be s ubmitted to the
73093517 Legislature for approval every two (2) years.
73103518 I. Formulary. The Commission by rule shall adopt a closed
73113519 formulary. Rules adopte d by the Commission shall allow an appeals
73123520 process for claims in which a treating doctor determines and
73133521 documents that a drug not included in the formulary is necessary to
7314-treat an injured employee's compensable injury. The Commission by
3522+treat an injured employee’s compensable injury. The Commission by
3523+
3524+SENATE FLOOR VERSION - HB2375 SFLR Page 70
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73153550 rule shall require the use of generic phar maceutical medications and
73163551 clinically appropriate over-the-counter alternatives to pr escription
73173552 medications unless otherwise specified by the prescribing doctor, in
73183553 accordance with applicable state law.
7319-SECTION 29. AMENDATORY 85A O .S. 2021, Section 69, is
3554+SECTION 13. AMENDATORY 85A O.S. 2021, Section 67, is
73203555 amended to read as follows:
7321-Section 69. A. Time for Filing.
7322-1. A claim for benefits under this act, other than an
7323-occupational disease, shall be barred unless it is filed with the
7324-
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7350-Workers' Compensation Com mission within one (1) year from the date
7351-of the injury or, if the employee has received benefits under this
7352-title for the injury, six (6) months from the date of the last
7353-issuance of such benefits payment of indemnity benefits or date of
7354-service for medical treatment, whichever is later. For purposes of
7355-this section, the date of the injury shall be defined as the date an
7356-injury is caused by an accident as set forth in paragraph 9 of
7357-Section 2 of this title.
3556+Section 67. A. Except as otherwise provided in this section,
3557+notice of disability resulting from an occupational disease or
3558+cumulative trauma shall be the same as in cases of accidental
3559+injury.
3560+B. Written notice shall be given to the employer of an
3561+occupational disease or cumulative trauma by the emp loyee, or a
3562+representative of the employee in the case of incapacity or death,
3563+within six (6) months after the first distinct manifestation of the
3564+disease or cumulative trauma or within six (6) months after de ath.
3565+C. The date of injury for cumulative trauma shall be the last
3566+date of injurious exposure prior to the filing date of the
3567+Employee’s First Notice of Claim for Compensation.
3568+SECTION 14. AMENDATORY 85A O .S. 2021, Section 69, is
3569+amended to read as follows:
3570+Section 69. A. Time for Filing. 1. A claim for benefits
3571+under this act the Administrative Workers ’ Compensation Act, other
3572+than an occupational disease, shall be barred unless it is filed
3573+with the Oklahoma Workers’ Compensation Commission within one (1)
3574+
3575+SENATE FLOOR VERSION - HB2375 SFLR Page 71
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3601+year from the date of the injury or, if the employee has received
3602+benefits under this title for the injury, six (6) months from the
3603+date of the last issuance of such benefits payment of indemnity
3604+benefits or date of service fo r medical treatment, whichever is
3605+later. For purposes of this section, the date of the injury shall
3606+be defined as means the date an injury is caused by an accident as
3607+set forth in paragraph 9 of Section 2 of this title , and date of
3608+issuance of medical benefits means the date of service of the
3609+medical benefit.
73583610 2. a. A claim for compensation for disability on account of
73593611 injury which is either an occupational di sease or
73603612 occupational infection shall be barred unless filed
73613613 with the Commission within two (2) yea rs from the date
73623614 of the last injurious exposure to the hazards of the
73633615 disease or infection.
73643616 b. A claim for compensation for dis ability on account of
73653617 silicosis or asbestosis shall be filed with the
73663618 Commission within one (1) year after the time of
73673619 disablement, and the disablement shall occur within
73683620 three (3) years from the date of the last injurious
73693621 exposure to the hazard of silicos is or asbestosis.
73703622 c. A claim for compensation for disability on account of
73713623 a disease condition caused by exposure to X -rays,
73723624 radioactive substances, or ionizing radiation only
3625+
3626+SENATE FLOOR VERSION - HB2375 SFLR Page 72
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73733652 shall be filed with the Commission within two (2)
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74003653 years from the date the condit ion is made known to an
74013654 employee following examination and diagnosis by a
74023655 medical doctor.
74033656 3. A claim for compensation on account of death shall be barred
74043657 unless filed with the Commission within two (2) years of the date of
74053658 such a death.
74063659 4. If a claim for benefits has been timely file d under
74073660 paragraph 1 of this subsection and the employee claimant does not:
74083661 a. make a good-faith request for a hearing to resolve a
74093662 dispute regarding the right to receive benefits,
74103663 including medical tre atment, under this title within
74113664 six (6) months of the d ate the claim is filed, or
74123665 b. receive or seek benefits, including medical treatment,
74133666 under this title for a period of six (6) months ,
74143667 then on motion by the employer, the claim shall be dismissed with
7415-prejudice.
3668+without prejudice.
74163669 B. Failure to File. Failure to file a claim within the period
74173670 prescribed in subsection A of this section shall not be a bar to the
74183671 right to benefits hereunder unless objection to the failure is made
74193672 at the first hearing on the claim in which all parties in inter est
74203673 have been given a reasonab le notice and opportunity to be heard by
74213674 the Commission.
74223675 C. Persons under Disability.
74233676
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74493703 1. Notwithstanding any statute of limitation provid ed for in
74503704 this act, when it is established that failure to fi le a claim by an
74513705 injured employee or his or her dependen ts was induced by fraud, the
74523706 claim may be filed within one (1) year from the time of the
74533707 discovery of the fraud.
74543708 2. Subsection A of this s ection shall not apply to a mental
74553709 incompetent or minor so lo ng as the person has no gu ardian or
74563710 similar legal repres entative. The limitations prescribed in
74573711 subsection A of this section shall apply to the mental in competent
74583712 or minor from the date of the a ppointment of a guardian or similar
74593713 legal representative for that person, and when no g uardian or
74603714 similar representative has been appointed, to a minor on reaching
74613715 the age of majority.
74623716 D. A latent injury or conditi on shall not delay or toll the
74633717 limitation periods specified in this section. This subsection shall
74643718 not apply to the limitation period for occupational diseas es
74653719 specified in paragraph 2 of subsection A of this section.
7466-SECTION 30. AMENDATORY 85A O.S. 2021, Section 80, is
3720+SECTION 15. AMENDATORY 85A O.S. 2021, Section 80, is
74673721 amended to read as follows:
74683722 Section 80. A. A final order for permanent disability is a
74693723 final adjudication of all is sues pending in the claim unless
74703724 reserved in the order or by operation of law. Except where a joi nt
7471-petition settlement has been approved, the Workers' Compensation
7472-Commission may revie w any compensation judgment, award, or decision .
7473-
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3725+petition settlement has been approved, the Oklahoma Workers’
3726+
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3753+Compensation Commission may revie w any compensation judgment, award,
3754+or decision.
74993755 1. Such review may be done upon application for a change of
75003756 condition for the worse at any time within six (6 ) months from the
75013757 date of the last order in whi ch monetary benefits were awarded or
7502-active medical treatment was provided , on the Commission's o wn
3758+active medical treatment wa s provided, on the Commission’s own
75033759 motion or on the application of any party in interest, and unless
75043760 filed within such period of time shall be f orever barred. On
75053761 review, the Commission may m ake a judgment or award terminating,
75063762 continuing, decreasing, or increasing for the future the
75073763 compensation previously awarded, subject to the maximum limits
75083764 provided for in this title. An order denying an app lication to
75093765 reopen a claim shall not extend the period of time set out in this
75103766 title for reopening the claim. A failure to comply with a medical
75113767 treatment plan ordered by the Commission shall bar the reopening of
75123768 a claim.
7513-2. The Workers' Compensation Commission may review any
7514-compensation judgment, award, or decision at any time, and without
3769+2. The Oklahoma Workers’ Compensation Commission may review any
3770+compensation judgment, award, or decision at any time and without
75153771 limitation upon a filing of an application for a finding of a change
75163772 of condition for the better. Such review may be filed for good
75173773 cause shown. On review, the Commission may make a judgment or award
75183774 terminating, continuing, or decreasing for the future the
75193775 compensation previously awarded, subject to the limits provided for
75203776 in this act.
3777+
3778+SENATE FLOOR VERSION - HB2375 SFLR Page 75
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75213804 B. The review and subsequent award shall be made in accordance
75223805 with the procedure prescribed in Sections 69 through 78 of this
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75493806 title. No review shall affect any compensation paid under a pri or
75503807 order, judgment or award.
75513808 C. The Commission may correct any clerical error in any
75523809 compensation judgment or award within one (1) year from the date of
75533810 its issuance.
75543811 D. Aging and the effects of aging on a compensable injury are
75553812 not to be considered in d etermining whether there has been a change
75563813 in physical conditio n. Aging or the effect of aging on a
75573814 compensable injury shall not be cons idered in determining permanent
7558-disability under this section or any other section in this act.
7559-SECTION 31. AMENDATORY 85A O.S. 2021, Section 112, is
3815+disability under this section or any other section in this act the
3816+Administrative Workers ’ Compensation Act.
3817+SECTION 16. AMENDATORY 85A O.S. 2021, Section 112, is
75603818 amended to read as follows:
7561-Section 112. A. The Workers' Compensation Commission shall
7562-create, maintain and review a list of licensed physicians who shall
7563-serve as independent medical examiners from a list of licensed
3819+Section 112. A. The Oklahoma Workers’ Compensation Commission
3820+shall create, maintain and review a list of licensed physicians who
3821+shall serve as independent medical examiners from a list of licensed
75643822 physicians who have completed such course s tudy as the Commission
75653823 may require. An independent medical examine r must agree to examine
75663824 an employee within forty -five (45) days of appointment. T he
75673825 Commission shall, to the best of its ability, include the most
75683826 experienced and competent physicians in t he specific fields of
75693827 expertise utilized most often in the treatmen t of injured employees.
3828+
3829+SENATE FLOOR VERSION - HB2375 SFLR Page 76
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75703855 The period of qualification shall be two (2) years. Phys icians may
75713856 be qualified for successive two-year periods. Physicians s erving as
75723857 independent medical examine rs on the effective date of this act
7573-
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7599-shall serve the remainder of their respective two -year qualification
7600-periods and may reapply for successive qualification p eriods. The
7601-Commission may remove an independent medical examiner from the list
7602-for cause.
3858+February 1, 2014, shall serve the remainder of their respective two -
3859+year qualification periods and may reapply for successive
3860+qualification periods. The Commission may remov e an independent
3861+medical examiner from the list for cause.
76033862 B. An administrative law judge may appoint an independent
76043863 medical examiner to assist in determining any issue before the
76053864 Commission. In the event surgery is reco mmended by a treating
7606-physician, upon request of the employer, an i ndependent medical
7607-examiner shall be appointed to determine the reasonableness and
7608-necessity of the recommended surgery. Upon request of the employee,
7609-an independent medical examiner may be appointed to determine the
7610-reasonableness and necessity of surgery recommended by a treating
7611-physician. Such independent medical examiner shall be qualified to
7612-perform the type of surgery recommended.
3865+physician, upon request of the employe r or employee, an independent
3866+medical examiner shall be appointed to determine the reasonableness
3867+and necessity of the recommended surgery. The request of the
3868+employer or employee for an in dependent medical examiner , and a
3869+request for a deposition of the treating physician, shall be filed
3870+within fifteen (15) days of the receipt of the reco mmendation for
3871+surgery, or the recommended surgery shall be approved by the
3872+Commission. The Commission shall set a request for an independent
3873+medical examiner that is ti mely filed on an accelerated prehearing
3874+docket within ten (10) days of the filing of t he request. The
3875+appointment with the independent medical examiner regarding the
3876+reasonableness and necess ity of a recommended surgery shall occ ur
3877+within thirty (30) days of the appointment. Such independent
3878+medical examiner shall be qualified to perform the type of surgery
3879+
3880+SENATE FLOOR VERSION - HB2375 SFLR Page 77
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3906+recommended. In the event the independent medical examiner a grees
3907+with the treating phy sician’s recommendation for surgery, the
3908+employer shall pay to the employee the sum of One Thousand D ollars
3909+($1,000.00) for the delay in medical tre atment in addition to other
3910+benefits provided for in this act. If the employer fails to
3911+schedule a requested deposition of either the treating physician or
3912+the independent medical examiner within twenty (20) days of filing a
3913+request for deposition, the em ployer shall pay to the employee the
3914+sum of One Thousand Dollars ( $1,000.00) for the delay in medical
3915+treatment in addition to other benefits prov ided for in this act.
76133916 C. An independent medical examiner shall be selected from the
76143917 list of independent medic al examiners within ten (10) days when the
76153918 employer or the employee petitions the Commission for the selection
76163919 of an independent medical examiner. The independent medical
76173920 examiner shall be certified by a reco gnized specialty board in the
76183921 area or areas appropriate to the condition under review.
76193922 D. The Commission sha ll, to the best of its ability, maintain a
76203923 geographic balance of independent medical examiners.
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76473924 E. Counsel for the employee and employer are respo nsible for
7648-transmittal of the employee's medical records to the independent
3925+transmittal of the employee ’s medical records to the independent
76493926 medical examiner within ten (10) days of appointment.
76503927 F. After a physical examination and review of medical records
76513928 and other appropriate information, including depositions and
76523929 surveillance video, the independent medical exami ner shall submit a
3930+
3931+SENATE FLOOR VERSION - HB2375 SFLR Page 78
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76533957 verified written report to the Commission a nd to the parties. In
76543958 the event the independent medical examiner determines that mo re
76553959 medical treatment is necessary, the employer shall designate a
76563960 treating physician to provide the indicated treatment.
76573961 G. Any independent medical examiner selected pursu ant to the
76583962 provisions of this section shall be reimbursed for the medical
76593963 examination, reports and fees in a reasonable and customary amount
76603964 set by the Commission, and these costs shall be borne by the
76613965 employer.
76623966 H. The Commission shall create a review pro cess to oversee on a
76633967 continuing basis the quality of performance and the timeliness of
76643968 the submission of medical findings by independent medical ex aminers.
76653969 I. If the Commission does not follow the opinion of the
76663970 independent medical examiner on any issue, the administrative law
76673971 judge or member of the Board of Review shall set out its reas ons for
76683972 deviating from the opinion of the independent medical e xaminer. The
76693973 opinion of the independent medica l examiner shall be followed unless
76703974 there is clear and convinc ing evidence to the contrary.
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7697-J. Upon receipt of an independent medical examiner's report,
3975+J. Upon receipt of an independent medical examiner ’s report,
76983976 any party shall have the right to object to the introdu ction of the
7699-report into evidence. The objection must be made by giving writt en
7700-notification to all parties and to the Commission within ten (10)
7701-days after receipt of the report. The employer shall be respo nsible
7702-for the reasonable charges of the physician for such testimony,
7703-preparation time, and the expense of the deposition.
7704-SECTION 32. AMENDATORY 85A O.S. 2021, Section 400, is
3977+report into evidence. The objecti on and any request for a
3978+deposition of the independent medical examiner must be made by
3979+giving written notification to all parties and to the Commission
3980+within ten (10) days after receipt of the report , subject to the
3981+
3982+SENATE FLOOR VERSION - HB2375 SFLR Page 79
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4008+limitations set forth in subsection B of this section. The employer
4009+shall be responsible for the reasonable charges of the physician for
4010+such testimony, preparation time, and the expe nse of the deposition.
4011+SECTION 17. AMENDATORY 85A O.S. 2021, Section 400, is
77054012 amended to read as follows:
7706-Section 400. A. The Workers' Compensation Court shall be
7707-renamed the Workers' Compensation Court of Existi ng Claims for the
7708-purpose of hearing disputes relating to claims that arise before
7709-February 1, 2014. The Court shall consist of the existing judges
7710-for the remainder of his or her term. Each judge of the Court shall
7711-continue to serve as the appointment t o a designated posit ion on the
7712-Court. The terms of the judges by position number shall expire on
7713-the following dates:
4013+Section 400. A. The Workers’ Compensation Court shall be
4014+renamed the Workers’ Compensation Court of Existing Claims for the
4015+purpose of hearing disputes relating to claims that arise arose
4016+before February 1, 2014. The Court shall consist of the existing
4017+judges for the remain der of his or her term. Each judge of the
4018+Court shall continue to serve as the appointment to a designated
4019+position on the Court. The terms of the judges by position number
4020+shall expire on the following dates:
77144021 Position 4 shall expire 7-1-20.
77154022 Position 5 shall expire 7-1-20.
77164023 Position 8 shall expire 7-1-20.
77174024 Position 9 shall expire 7-1-20.
7718-B. Effective July 1, 2020, t he The Workers' Compensation Court
7719-of Existing Claims shall consist of one judge to be appointed by the
7720-Governor, with confir mation by the Senate. The judge shall be
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7747-appointed for a term to expire on July 1, 2022 2023. For the
7748-purpose of continued operation of the Court of Existing Claims until
7749-July 1, 2027, the existing judge on the effective date of this act
7750-shall continue to serve, with the term to expire on July 1, 2027 .
7751-The Governor shall select the judge from a list of three applicants
7752-submitted to the Governor by the Judicial Nominating Commission. If
7753-the list is not acceptable to the Governor, the G overnor may request
7754-from the Judicial Nominating Commission a list of names of three
7755-additional applicants. Any present judge of the Court of Existing
7756-Claims may apply to the Judicial Nominating Commission for
7757-appointment to fill any position authorized b y this section.
7758-C. A judge may be removed for cause by the Court on the
4025+B. Effective July 1, 2020, the Workers’ Compensation Court of
4026+Existing Claims shall consist of one judge to be appointed by the
4027+Governor, with confirmation by the Senate. The term of the judge
4028+shall be appointed for a term to expire serving on July 1, 2022, is
4029+hereby extended to July 1, 2027 . The Governor shall select the
4030+judge from a list of three applicants submitted to the Governor by
4031+the Judicial Nominating Commission. If the list is not acceptable
4032+
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4059+to the Governor, the G overnor may request from the Judici al
4060+Nominating Commission a list of names of three additional
4061+applicants. Any present judge of the Court of Existing Claims may
4062+apply to the Judicial Nominating Commission for appointment to fill
4063+any position authorized b y this section.
4064+C. A The judge may be removed for cause by the Court on the
77594065 Judiciary prior to the expiration of his or her term.
7760-D. Each judge shall receive a salary equal to that paid to a
7761-district judge of this state, and shall devote full time to his or
4066+D. Each The judge shall receive a salary equal to that paid to
4067+a district judge of this state, and shall devote full time to his or
77624068 her duties and shall not engage i n the private practice of law
77634069 during the term in office.
77644070 E. If a vacancy occurs on the Court of Existing Claims, the
77654071 Governor shall appoint a judge to serve the remainder of the term
77664072 from a list of three applicants submitted to the Governor by the
77674073 Judicial Nominating Commission, with confirmation of the State
7768-Senate. If the list is not acceptabl e to the Governor, the Governor
7769-may request from the Judicial Nominating Commission a list of the
7770-names of three additional applicants.
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4074+advice and consent of the Senate. If the list is not acceptable to
4075+the Governor, the Governor may request from the Judicial Nominating
4076+Commission a list of the names of three additional applicants.
77974077 F. 1. Effective January 1, 2020, the The Governor shall
77984078 appoint an Administrator of the Court of Existing Claims, who shall
77994079 serve at the pleasure of the Governor. The Administrator shall be
78004080 appointed by the Governor with the advice and consent of the Senate.
78014081 The compensation for t he Administrator shall be set at ninet y
78024082 percent (90%) of the compensation of a district court judge.
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4084+SENATE FLOOR VERSION - HB2375 SFLR Page 81
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78034110 2. The Administrator shall employ and supervise the work of
78044111 employees of the Court and shall have the authority to expend funds
78054112 and contract on behalf of the Court. The Administrator may cont ract
7806-with the Workers' Compensation Commission to provide support
7807-services or personnel needs necessary to carry out the purposes of
7808-the Court and shall supervise the work of any such personnel as
7809-necessary to maintai n the Court as a Court of Record.
4113+with the Oklahoma Workers’ Compensation Commission to provide
4114+support services or personnel needs necessary to carry out the
4115+purposes of the Court and shall supervise the work of any such
4116+personnel as necessary to maintai n the Court as a Court of Record.
78104117 G. The Court of Existing Claims shall contract with the
7811-Workers' Compensation Commission to integrate its case management
7812-and records Information Technology System into the system of the
7813-Workers' Compensation Commission with such integration to be
7814-completed on or before July 1, 2022. The Court shall be entitled to
7815-any fees generated for the retrieval of such data.
7816-H. The Court shall operate by the rules adopted by the Workers'
4118+Oklahoma Workers’ Compensation Commission to integrate its case
4119+management and records Information Technology System into the system
4120+of the Oklahoma Workers’ Compensation Commission with such
4121+integration to be completed on or before July 1, 2022. The Court
4122+shall be entitled to any fees generated for the retrieval of such
4123+data.
4124+H. The Court shall operate by the rules adopted by the Workers’
78174125 Compensation Court prior to February 1, 2014.
78184126 I. The Court is hereby designated and confirmed as a court of
78194127 record, with respect to any matter within the limits of its
78204128 jurisdiction, and within such limits the judges thereof shall
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78474129 possess the powers and prerogatives of the judges of the other
78484130 courts of record of this state including the power to punish for
78494131 contempt those persons who disobey a subpoena, or refuse to be sworn
78504132 or to answer as a witness, when lawfully ordered to do so.
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4134+SENATE FLOOR VERSION - HB2375 SFLR Page 82
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78514160 J. The principal office of the Court shall be situated in the
78524161 City of Oklahoma City in quarters assigned by the Office of
78534162 Management and Enterprise Services. The Court may hold hearings in
78544163 any city of this state.
78554164 K. All county commissioners and presiding district judges of
78564165 this state shall make quarters available for the conducting of
78574166 hearings by a judge of the Court upon request by the Court.
7858-L. Judges of the Work ers' Compensation Court of Existing Claims
4167+L. Judges of the Workers’ Compensation Court of Existing Claims
78594168 may punish for direct contempt pursuant to Sections 565, 565.1 and
78604169 566 of Title 21 of the Oklahoma Statutes.
78614170 M. The Court shall be vested with jurisdiction over all claims
7862-filed pursuant to the Workers' Compensation Code or previous statute
4171+filed pursuant to the Workers’ Compensation Code or previous statute
78634172 in effect on the date of an injury that occurred before February 1,
78644173 2014. All claims so filed shall be heard by the judge sitting
78654174 without a jury. The Court shall have full power and authority to
78664175 determine all questions in relation to payment of claims for
7867-compensation under the provisions of the Workers' Compensation Code
4176+compensation under the provisions of the Workers’ Compensation Code
78684177 or previous statute in effect on the date of an injury that occurred
78694178 before February 1, 2014. The Court, upon application of either
78704179 party, shall order a hearing. Upon a hearing, either party may
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78974180 present evidence and be represented by counsel. The decision of the
78984181 Court shall be final as to all questions of fact a nd law; provided,
78994182 the decision of the Court may be appealed to the Court en banc or
7900-the Supreme Court as provided by the Workers' Compensation Code or
4183+the Supreme Court as provided by the Workers’ Compensation Code or
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4185+SENATE FLOOR VERSION - HB2375 SFLR Page 83
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79014211 previous statute in effect on the date of an injury that occurred
79024212 before February 1, 2014. In the event that an insufficient number
79034213 of active judges are available to comprise the three-judge en banc
7904-panel, retired or former judges of the district court, Workers'
7905-Compensation Court or Workers' Compensation Court of Existing Claims
4214+panel, retired or former judges of the district court, Workers’
4215+Compensation Court or Workers’ Compensation Court of Existing Claims
79064216 may be designated by the Pre siding Judge of the Court of Existing
79074217 Claims as eligible to serve on such panel. The Governor shall
79084218 provide to the Court of Existing Claims a list of designated judges
79094219 eligible for service on the Court en banc. The decision of the
79104220 Court shall be issued w ithin thirty (30) days following the
79114221 submission of the case by the parties. The power and jurisdiction
79124222 of the Court over each case shall be continuing and it may, from
79134223 time to time, make such modifications or changes with respect to
79144224 former findings or ord ers relating thereto if, in its opinion, it
79154225 may be justified.
79164226 N. For an injury occurring before February 1, 2014, all
79174227 benefits and procedures to obtain benefits shall be determined by
7918-the workers' compensation law of this state in effect on the date of
4228+the workers’ compensation law of this state in effect on the date of
79194229 the injury.
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79464230 O. All accrued rights and penalties incurred pursuant to a
7947-final order of the Workers ' Compensation Court shall be preserved.
4231+final order of the Workers’ Compensation Court shall be preserved.
79484232 No accrued right, penalty incurred, or proceeding begun by virtue of
7949-a statute repealed by this act shall be abrogated by the terms of
7950-this act.
4233+a statute repealed by this act the Administrative Worker s’
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4235+SENATE FLOOR VERSION - HB2375 SFLR Page 84
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4261+Compensation Act shall be abrogated by the terms of this act the
4262+Administrative Workers’ Compensation Act.
79514263 P. Annually, on or before the first day of July, commencing
79524264 with July 2019, the Administrator shall prepare and submit a report
79534265 for the prior calendar year to the Governor, the Chief Justice of
79544266 the Supreme Court, the President Pro Tempore of the Senate and the
7955-Speaker of the House of Representatives which shall include a
4267+Speaker of the House of Representatives, and the chairs of the
4268+Senate and House judiciary committees, which shall include a
79564269 statement of the number of awards made and the causes of the
79574270 accidents leading to the injuries for which the awards were made,
79584271 total work load data of the Court , a detailed report of the work
79594272 load of the judges of the Court, a detailed statement of the
7960-expenses of the office of the Administrator of Workers' Compensation
7961-Court of Existing Claims, together with any other matter which the
7962-Administrator deems proper to report to the Governor including any
7963-recommendations he or she may desire to make.
4273+expenses of the office of the Administrator of Workers’ Compensation
4274+Court of Existing Claims, the number of disposition dockets held,
4275+the number of remaining claims, together with any other matter which
4276+the Administrator deems proper to report to the Governor including
4277+any recommendations he or she may desire to make.
79644278 Q. Subject to the availability of funds, the Judge of the Court
79654279 of Existing Claims may employ one at-will full- or part-time special
7966-workers' compensation judge with jurisdiction to hear cases as set
4280+workers’ compensation judge with jurisdiction to hear cases as set
79674281 forth in subsection M of this section and as may be assigned by the
7968-Judge. The special workers' compensation judge shall receive
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4282+Judge. The special workers’ compensation judge shall receive
79954283 compensation for such services in accordance with the provisions of
79964284 Section 92.1A of Title 20 of the Oklahoma Statutes.
7997-SECTION 33. Sections 1 through 12 of this act shall become
4285+
4286+SENATE FLOOR VERSION - HB2375 SFLR Page 85
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4312+SECTION 18. Sections 1 through 12 of this act shall become
79984313 effective November 1, 2023.
7999-SECTION 34. It being immediately necessary for the preservation
4314+SECTION 19. It being immediately necessary for the preservation
80004315 of the public peace, healt h or safety, an emergency is hereby
80014316 declared to exist, by reason whereof this act shall take effect and
80024317 be in full force from and after its passage and approval.
8003-Passed the House of Representatives the 22nd day of March, 2023.
8004-
8005-
8006-
8007-
8008- Presiding Officer of the House
8009- of Representatives
8010-
8011-
8012-Passed the Senate the ___ day of __________, 2023.
8013-
8014-
8015-
8016-
8017- Presiding Officer of the Senate
8018-
8019-
8020-
4318+COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
4319+April 11, 2023 - DO PASS AS AMENDED BY CS