Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB739 Compare Versions

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28		-	~~ENGROSSED~~ SENATE
29		-	~~BILL NO.~~ ~~739 By: Daniels of the Senate~~
	29	+	SENATE FLOOR VERSION
	30	+	February 14, 2023
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31		-	and
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33		-	Sneed of the House
	33	+	SENATE BILL NO. 739 By: Daniels
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38	39		An Act relating to workers’ compensation; amending
39	40		85A O.S. 2021, Section 400, which relates to the
40	41		Workers’ Compensation Court of Existing Claims;
41	42		providing for dissolu tion of court at certain time or
42	43		upon certain occurrence; extending term of certain
43	44		judge; directing submission of certain report;
44	45		modifying information for inclusion in certain
45	46		report; updating statutory language; and declaring an
46	47		emergency.
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52	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	54		SECTION 1. AMENDATORY 85A O.S. 2021, Section 400, is
54	55		amended to read as follows:
55	56		Section 400. A. The Workers’ Compensation Court shall be
56	57		renamed the Workers’ Compensation Court of Existing Claims for the
57	58		purpose of hearing disputes relating to cl aims that arise arose
58	59		before February 1, 2014. The Court shall consist of the existing
59	60		judges for the remainder of his or her term. Each judge of the
60	61		Court shall continue to s erve as the appointment to a designated
61	62		position on the Court. The terms of the judg es by position number
62	63		shall expire on the following dates:
63	64		Position 4 shall expire 7-1-20.
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90	92		Position 5 shall expire 7-1-20.
91	93		Position 8 shall expire 7-1-20.
92	94		Position 9 shall expire 7-1-20 be dissolved on July 1, 2027, or
93	95		when the number of claims that arose before February 1, 2014, is
94	96		reduced to five thousand, whichever is earlier .
95	97		B. Effective July 1, 2020, the Workers’ Compensation Court of
96	98		Existing Claims shall c onsist of one judge to be appointed by the
97	99		Governor, with confir mation by the Senate. The term of the judge
98	100		shall be appointed for a term to expire serving on July 1, 2022 is
99	101		hereby extended to July 1, 2027. The Governor shall select the
100	102		judge from a list of three applicants submitted to the Governor by
101	103		the Judicial Nominating Commission. If the list is not acceptable
102	104		to the Governor, the G overnor may request from the Judici al
103	105		Nominating Commission a list of names of three additional
104	106		applicants. Any present judge of the Court of Existing Claims may
105	107		apply to the Judicial Nominating Commission for appointment to fill
106	108		any position authorized b y this section.
107	109		C. A The judge may be removed for cause by the Court on the
108	110		Judiciary prior to the expiration of his or her term.
109	111		D. Each The judge shall receive a salary e qual to that paid to
110	112		a district judge of this state, and shall devote full time to his or
111	113		her duties and shall not engage i n the private practice of law
112	114		during the term in office.
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139	142		E. If a vacancy occurs on the Co urt of Existing Claims, the
140	143		Governor shall appoint a judge to serve the remainder of the term
141	144		from a list of three applicants submitted to the Governor by the
142	145		Judicial Nominating Commission, with confirmation of the State
143	146		advice and consent of the Senate. If the list is not acceptable to
144	147		the Governor, the Governor may requ est from the Judicial Nominating
145	148		Commission a list of the names of three additional applicants.
146	149		F. 1. Effective January 1, 2020, the Governor shall appoint a n
147	150		Administrator of the Court of Existing Claims, who shall serve at
148	151		the pleasure of the Governor. The Administrator shall be appo inted
149	152		by the Governor with the advice and consent of the Senate. The
150	153		compensation for the Administrator shall be set at ninet y percent
151	154		(90%) of the compensation of a district court judge.
152	155		2. The Administrator shall employ and supervise the work of
153	156		employees of the Court and shall have the authority to expend funds
154	157		and contract on behalf of the Court. The Administrator may cont ract
155	158		with the Workers’ Compensation Commission to provide support
156	159		services or personnel needs nec essary to carry out the purposes of
157	160		the Court and shall supervise the work of any such personnel as
158	161		necessary to maintain the Court as a Court of Record.
159	162		G. The Court of Existing Claims shall contract with the
160	163		Workers’ Compensation Commission to integrate its case manage ment
161	164		and records Information Technology System into the s ystem of the
162	165		Workers’ Compensation Commission with such integration to be
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189	193		completed on or before July 1, 2022. The Court shall be entitled to
190	194		any fees generated for the retrieval of such data.
191	195		H. The Court shall operate by the rules adopted by the Worker s’
192	196		Compensation Court prior to February 1, 2014.
193	197		I. The Court is hereby designated and confirmed as a cou rt of
194	198		record, with respect to any matter within the limits of its
195	199		jurisdiction, and within such limits the jud ges thereof shall
196	200		possess the powers and prerogatives of the judges of the other
197	201		courts of record of this state including the power to punish for
198	202		contempt those persons who disobey a subpoena, or refuse to be sworn
199	203		or to answer as a witness, when lawfully ordered to do so.
200	204		J. The principal office of the Court shall be situated in the
201	205		City of Oklahoma City in quarters assigned by the Office of
202	206		Management and Enterprise Services. The Court may hold hearings in
203	207		any city of this state.
204	208		K. All county commissi oners and presiding district judges of
205	209		this state shall make quarters available for the conducting of
206	210		hearings by a judge of the Court upon reque st by the Court.
207	211		L. Judges of the Workers’ Compensation Court of Existing Clai ms
208	212		may punish for direct contemp t pursuant to Sections 565, 565.1 and
209	213		566 of Title 21 of the Oklahoma Statutes.
210	214		M. The Court shall be vested with jurisdiction over all claims
211	215		filed pursuant to the Workers’ Compensation Code or previous statute
212	216		in effect on the date of an injury that occ urred before February 1,
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239	244		2014. All claims so filed shall be heard by the judge sitting
240	245		without a jury. The Court shall have full power and auth ority to
241	246		determine all questions in relation to payment of claims for
242	247		compensation under the provisions of the Workers’ Compensation Code
243	248		or previous statute in effect on the date of an injury that occurred
244	249		before February 1, 2014. The Court, upon applica tion of either
245	250		party, shall order a hearing. Upon a hearing, either party may
246	251		present evidence and be represen ted by counsel. The decision of the
247	252		Court shall be final as to all questions of fact and law; provided,
248	253		the decision of the Court may be appeale d to the Court en banc or
249	254		the Supreme Court as provided by the Workers ’ Compensation Code or
250	255		previous statute in effect on the date of an injury that occurred
251	256		before February 1, 2014. In the event that an insufficient number
252	257		of active judges are available to comprise the three-judge en banc
253	258		panel, retired or former judges of the dis trict court, Workers ’
254	259		Compensation Court or Workers’ Compensation Court of Existing Claims
255	260		may be designated by the Presiding Judge of the Court of Existing
256	261		Claims as eligible t o serve on such panel. The Governor shall
257	262		provide to the Court of Existing Cla ims a list of designated judges
258	263		eligible for service on the Court en banc. The decision of the
259	264		Court shall be issued within thirty (30) days following the
260	265		submission of the cas e by the parties. The power and jurisdiction
261	266		of the Court over each case shall be continuing and it may, from
262	267		time to time, make such modifications or changes with respect to
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289	295		former findings or orders relating thereto if, in its opinion, it
290	296		may be justified.
291	297		N. For an injury occurring before February 1, 2014, all
292	298		benefits and procedures to obtain benefits shall b e determined by
293	299		the workers’ compensation law of this state in effect on the date of
294	300		the injury.
295	301		O. All accrued rights and penalties incurred pu rsuant to a
296	302		final order of the Workers’ Compensation Court shall be preserved.
297	303		No accrued right, penalty incur red, or proceeding begun by virtue of
298	304		a statute repealed by this act shall be abrogated by the terms of
299	305		this act.
300	306		P. Annually, on or before the first day of July, commencing
301	307		with July 2019, the Administrator shall prepare a nd submit a report
302	308		for the prior calendar year to the Governor, the Chief Justice of
303	309		the Supreme Court, the President Pro Tempore of the Senate, and the
304	310		Speaker of the House of Representatives, and the Chairs of the
305	311		Senate and House Judiciary Committees, which shall include a
306	312		statement of the number of awards made an d the causes of the
307	313		accidents leading to the injuries for which the awards were made,
308	314		total work load data of the Court , a detailed report of the work
309	315		load of the judges of the Court, a detailed statement of the
310	316		expenses of the office of the Administrator of Workers’ Compensation
311	317		Court of Existing Claims, the number of disposition dockets held,
312	318		the number of remaining c laims, together with any other matter which
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339	346		the Administrator deems proper to report to the Governor including
340	347		any recommendations h e or she may desire to make.
341	348		Q. Subject to the availability of funds, the Judge of the Court
342	349		of Existing Claims may employ one at-will full- or part-time special
343	350		workers’ compensation judge with jurisdiction to hear cases as set
344	351		forth in subsection M of this section and as may be assigned by the
345	352		Judge. The special workers’ compensation judge shall receive
346	353		compensation for such services in accordance with the provisions of
347	354		Section 92.1A of Title 20 of the Oklahoma Statutes.
348	355		SECTION 2. It being immediately necessary for the preservation
349	356		of the public peace, health or safety, an emergency is hereby
350	357		declared to exist, by reason whereof this act shall take effect and
351	358		be in full force from and after its passage an d approval.
352		-	Passed the Senate the 23rd day of March, 2023.
353		-
354		-
355		-
356		-	Presiding Officer of the Senate
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359		-	Passed the House of Representatives the ____ day of __ ________,
360		-	2023.
361		-
362		-
363		-
364		-	Presiding Officer of the House
365		-	of Representatives
366		-
	359	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	360	+	February 14, 2023 - DO PASS