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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2375 By: Kannady
AS INTRODUCED
An Act relating to workers’ compensation; amending
85A O.S. 2021, Section 400, which relates to the
Workers’ Compensation Court of Existing Claim s;
modifying composition of court; increasing term of
certain appointment; extending operat ion of court;
deleting obsolete referen ces; 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 Existi ng Claims for the
purpose of hearing disputes relating to claims that arise 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 t o a designated posit ion on the
Court. The terms of the judges by position number shall expire on
the following dates:
Position 4 shall expire 7-1-20.
Position 5 shall expire 7-1-20.
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Position 8 shall expire 7-1-20.
Position 9 shall expire 7-1-20.
B. Effective July 1, 2020, t he The Workers’ Compensation Court
of Existing Claims shall consist of one judge to be appointed by the
Governor, with confir mation by the Senate. The judge shall be
appointed for a term to expire on July 1, 2022 2024. For the
purpose of continued operation of the Court of Existing Cla ims until
July 1, 2028, the existing judge on the effective date of this act
shall continue to serve, with the term to expire on July 1, 202 8.
The Governor shall selec t 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 Judicial Nominating Commission a list of names of three
additional applicants. Any present 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 judge may be removed for cause by the Court o n the
Judiciary prior to th e expiration of his or her term.
D. Each judge shall receive a salary equal 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.
E. If a vacancy occurs on the Court of Existing Claims, the
Governor shall appoint a judge to serve the remainder of the term
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from a list of three applicants submitted to the Governor by the
Judicial Nominating Commission, with conf irmation of the State
Senate. If the list is not acceptable to the Governor, the Governor
may request from the Judicial Nominating Commissi on a list of the
names of three additional applicants.
F. 1. Effective January 1, 2020, the The Governor shall
appoint an Administrator of th e Court of Existing Claims, who shal l
serve at the pleasure of the Governor. The Administrator shall be
appointed by the Governor with the advice and consent of the Senate.
The compensation for t he Administrator shall be set at ninety
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 ma y contract
with the Workers’ Compensation Commission to provide support
services or personnel needs necessary to carry out the purposes of
the Court and shall supervise the work of any such personnel as
necessary to maintai n the Court as a Court of Record.
G. The Court of Existing Claims shall contract with the
Workers’ Compensation Commission to integrate its case ma nagement
and records Information Technology System into the s ystem of the
Workers’ Compensation Commission with such integration to be
completed on or before July 1, 2022. The Court shall be entitled to
any fees generated for the retrieval of such data.
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H. The Court shall operat e 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 cou rt of
record, with respect to any matter within the limits of its
jurisdiction, and within such limits the judges 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 s ubpoena, or refuse to be sworn
or to answer as a witness, when lawfully orde red 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 Co urt may hold hearings in
any city of this state.
K. All county commissioner s and presiding district judges of
this state shall make quarters available for the conducting of
hearings by a judge of the Court upon reque st by the Court.
L. Judges of the Work ers’ Compensation Court of Existing Claims
may punish for direct contempt pu rsuant to Sections 565, 565.1 and
566 of Title 21 of the Oklahoma Statutes.
M. The Court shall be vested with jurisdiction over all claims
filed pursuant to the Workers’ Compensation Code or previous statute
in effect on the date of an injury that occurre d before February 1,
2014. All claims so filed shall be heard by the judge sitting
without a jury. The Court shall have full power and auth ority to
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determine all questions in rel ation to payment of claims for
compensation under the provisions of the Work ers’ Compensation Code
or previous statute in effect on the date of an injury that occurred
before February 1, 2014. The Court, upon applica tion of either
party, shall order a hea ring. Upon a hearing, either party may
present evidence and be represented by counsel. The decision of the
Court shall be final as to all questions of fact a nd law; provided,
the decision of the Court may be appeale d to the Court en banc or
the Supreme Court as provided by the Workers’ Compensation Code or
previous statute in ef fect on the date of an injury that occurred
before February 1, 2014. In the event that an insufficient number
of active judges are available to comprise the three-judge en banc
panel, retired or former judges of the district court, Workers’
Compensation Court or Workers’ Compensation Court of Existing Claims
may be designated by the Pre siding Judge of the Court of Existing
Claims as eligible t o serve on such panel. The Governor sh all
provide to the Court of Existing Claims a list of designated judges
eligible for service on the Court en banc. The decision of the
Court shall be issued w ithin thirty (30) days following the
submission of the cas e by the parties. The power and jurisd iction
of the Court over each case shall be continuing and it may, from
time to time, make such modifications or changes with respect to
former findings or ord ers relating thereto if, in its opinion, it
may be justified.
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N. For an injury occurring before February 1, 2014, all
benefits and procedures to obtain benefits shall be de termined by
the workers’ compensation law of this state in effect on the date of
the injury.
O. All accrued rights and penalties incurred pu rsuant to a
final order of the Workers ’ Compensation Court shall be preserved.
No accrued right, penalty incurred , 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 the first day of July, commencing
with July 2019, the Administrator shall prepare and submit a report
for the prior calendar year to the Governor, the Chief Justice of
the Supreme Court, the President P ro Tempore of the Senate and the
Speaker of the House of Representatives which shall include a
statement of the number of awards made and the causes of the
accidents leading to the injuries for which the awards were made,
total work load data of the 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, together with any other matter which the
Administrator deems proper to report to the Governor including any
recommendations he or she may desire to make.
Q. Subject to the availability of funds, the Judge of the Cour t
of Existing Claims may employ one at-will full- or part-time special
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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 aft er its passage and approval.
59-1-5707 MAH 01/12/23