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ENGROSSED SENATE
BILL NO. 739 By: Daniels of the Senate
and
Sneed of the House
An Act relating to workers’ compensation; amending
85A O.S. 2021, Section 400, which relates to the
Workers’ Compensation Court of Existing Claims;
providing for dissolution of court at certain time or
upon certain occurrence; extending term of certain
judge; directing submission of certain report;
modifying information for inclusion in certain
report; updating statutory language; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, Section 400, is
amended to read as follows:
Section 400. A. The Workers’ Compensation Court shall be
renamed the Workers’ Compensation Court of Existing Claims for the
purpose of hearing disputes relating to cl aims that arise arose
before February 1, 2014. The Court shall consist of the existing
judges for the remainder of his or her term. Each judge of the
Court shall continue to serve as the appointment to a designated
position on the Court. The terms of the judg es by position number
shall expire on the following dates:
Position 4 shall expire 7-1-20.
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Position 5 shall expire 7-1-20.
Position 8 shall expire 7-1-20.
Position 9 shall expire 7-1-20 be dissolved on July 1, 2027, or
when the number of claims that arose before February 1, 2014, is
reduced to five thousand, whichever is earlier .
B. Effective July 1, 2020, the Workers’ Compensation Court of
Existing Claims shall c onsist of one judge to be appointed by the
Governor, with confir mation by the Senate. The term of the judge
shall be appointed for a term to expire serving on July 1, 2022 is
hereby extended to July 1, 2027. The Governor shall select the
judge from a list of three applicants submitted to the Governor by
the Judicial Nominating Commission. If the list is not acceptable
to the Governor, the G overnor may request from the Judici al
Nominating Commission a list of names of three additional
applicants. Any presen t judge of the Court of Existing Claims may
apply to the Judicial Nominating Commission for appointment to fill
any position authorized b y this section.
C. A The judge may be removed for cause by the Court on the
Judiciary prior to the expiration of his o r her term.
D. Each The judge shall receive a salary e qual to that paid to
a district judge of this state, and shall devote full time to his or
her duties and shall not engage i n the private practice of law
during the term in office.
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E. If a vacancy occu rs on the Court of Existing Claims, the
Governor shall appoint a judge to serve the remainder of the term
from a list of three applicants submitted to the Governor by the
Judicial Nominating Commission, with confirmation of the State
advice and consent of the Senate. If the list is not acceptabl e to
the Governor, the Governor may requ est from the Judicial Nominating
Commission a list of the names of three additional applicants.
F. 1. Effective January 1, 2020, the Governor shall appoint a n
Administrator of the Court of Existing Claims, who shal l serve at
the pleasure of the Governor. The Administrator shall be appo inted
by the Governor with the advice and consent of the Senate. The
compensation for the Administrator shall be set at ninet y percent
(90%) of the compensation of a district court j udge.
2. The Administrator shall employ and supervise the work of
employees of the Court and shall have the authority to expend funds
and contract on behalf of the Court. The Administrator may cont ract
with the Workers’ Compensation Commission to provide support
services or personnel needs nec essary to carry out the purposes of
the Court and shall supervise the work of any such personnel as
necessary to maintain the Court as a Court of Record.
G. The Court of Existing Claims shall contract with the
Workers’ Compensation Commission to integrate its case manage ment
and records Information Technology System into the s ystem of the
Workers’ Compensation Commission with such integration to be
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completed on or before July 1, 2022. The Court shall be entitled to
any fees generated for the retrieval of such data.
H. The Court shall operate by the rules adopted by the Worker s’
Compensation Court prior to February 1, 2014.
I. The Court is hereby designated and confirmed as a court of
record, with respect to any matter within the limits of its
jurisdiction, and within such limits the jud ges thereof shall
possess the powers and prerogatives of the judges of the other
courts of record of this state including the power to punish for
contempt those persons who disobey a subpoena, or refuse to be sworn
or to answer as a witness, when lawfully ordered to do so.
J. The principal office of the Court shall be situated in the
City of Oklahoma City in quarters assigned by the Office of
Management and Enterprise Services. The Court may hold hearings in
any city of this state.
K. All county commissi oners and presiding district judges of
this state shall make quarters available for the conducting of
hearings by a judge of the Court upon re quest by the Court.
L. Judges of the Workers ’ Compensation Court of Existing Clai ms
may punish for direct contemp t pursuant to Sections 565, 565.1 and
566 of Title 21 of the Oklahoma Statutes.
M. The Court shall be vested with jurisdiction over all claim s
filed pursuant to the Workers’ Compensation Code or previous statute
in effect on the date of an injury that occ urred before February 1,
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2014. All claims so filed shall be heard by the judge sitting
without a jury. The Court shall have full power and a uthority to
determine all questions in relation to payment of claims for
compensation under the provisions of the Workers’ Compensation Code
or previous statute in effect on the date of an injury that occurred
before February 1, 2014. The Court, upon appl ication of either
party, shall order a hearing. Upon a hearing, either party may
present evidence and be represen ted by counsel. The decision of the
Court shall be final as to all questions of fact and law; provided,
the decision of the Court may be appe aled to the Court en banc or
the Supreme Court as provided by the Workers ’ Compensation Code or
previous statute in effect on the date of an injury that occurred
before February 1, 2014. In the event that an insufficient number
of active judges are availa ble to comprise the three-judge en banc
panel, retired or former judges of the dis trict court, Workers ’
Compensation Court or Workers’ Compensation Court of Existing Claims
may be designated by the Presiding Judge of the Court of Existing
Claims as eligible to serve on such panel. The Governor shall
provide to the Court of Existing Cla ims a list of designated judges
eligible for service on the Court en banc. The decision of the
Court shall be issued within thirty (30) days following the
submission of the case by the parties. The power and jurisdiction
of the Court over each case shall be continuing and it may, from
time to time, make such modifications or changes with respect to
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former findings or orders relating thereto if, in its opinion, it
may be justified.
N. For an injury occurring before February 1, 2014, all
benefits and procedures to obtain benefits shall b e determined by
the workers’ compensation law of this state in effect on the date of
the injury.
O. All accrued rights and penalties incurred pursuant to a
final order of the Workers ’ Compensation Court shall be preserved.
No accrued right, penalty incur red, or proceeding begun by virtue of
a statute repealed by this act shall be abrogated by the terms of
this act.
P. Annually, on or before t he first day of July, commencing
with July 2019, the Administrator shall prepare a nd submit a report
for the prior calendar year to the Governor, the Chief Justice of
the Supreme Court, the President Pro Tempore of the Senate, and the
Speaker of the House of Representatives, and the Chairs of the
Senate and House Judiciary Committees, which shall include a
statement of the number of awards made an d the causes of the
accidents leading to the injuries for which the awards were made,
total work load data of th e Court, a detailed report of the work
load of the judges of the Court, a detailed statement of the
expenses of the office of the Administrator of Workers’ Compensation
Court of Existing Claims, the number of disposition dockets held,
the number of remaini ng claims, together with any other matter which
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the Administrator deems proper to report to the Governor including
any recommendations h e or she may desire to make.
Q. Subject to the availability of funds, the Judge of the Court
of Existing Claims may employ one at-will full- or part-time special
workers’ compensation judge with jurisdiction to hear cases as set
forth in subsection M of this section and as may be assigned by the
Judge. The special workers’ compensation judge shall receive
compensation for such services in accordance with the provisions of
Section 92.1A of Title 20 of the Oklahoma Statutes.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
Passed the Senate the 23rd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __ ________,
2023.
Presiding Officer of the House
of Representatives