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SENATE FLOOR VERSION
February 28, 2024
AS AMENDED
SENATE BILL NO. 1456 By: Treat of the Senate
and
Kannady of the House
[ Workers’ Compensation Court of Existing Cl aims -
divisions - jurisdiction - costs - duty - appointment
- rules - authority - appeal - report - funds -
effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 30.14, is
amended to read as follows:
Section 30.14. A. 1. In addition to the provisions of
Sections 30.1 through 30.12 30.19 of Title 20 of the Oklahoma
Statutes, and in addition to the four permanent divisions
established by Section 30.2 of Title 20 of the Oklahoma Statutes,
the Court of Civil Appeals shall consist of as many additional
divisions as the Supreme Court may deem advisable to convene for
prompt disposition of its docket. Each division shall consist of
three Judges, at least two of whom shall con cur in any decision. In
the exercise of its powers g ranted by Article VII, Section 6 of the
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Oklahoma Constitution, the Supreme Court shall make temporary
assignments of judicial officers, active or retired, and lawyers,
having prior to their assignment the qualifications of a district
judge, to sit on a division of the Court of Civil Appeals convened
under the authority of this act section. Each division of the Court
of Civil Appeals shall select its presiding Judge. The S upreme
Court may prescribe by ru le where the division shall sit and how
that Court shall conduct its business and practice before it.
2. The Court of Civil Appeals shall establish a division to be
referred to as the Court of Existing Claims (CEC) Division of the
Court of Civil Appeals which 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 occurred
before February 1, 2014. In no event does the CEC Division have
jurisdiction over any claim arising on or after the effective d ate
of this act.
B. Each division of the Court of Ci vil Appeals convened u nder
the authority of this act section shall have jurisdiction to
determine or otherwise dispose of any case assigned to it by the
Supreme Court, and its decisions, when final, shall be neither
appealable to the Supreme Court nor be subject to reexaminati on by
another division of the Court of Civil Appeals or by the Judges of
that Court sitting en banc. The Supreme Court may recall a case
from the Court of Civil Appeals; it may review a decision of the
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Court of Civil Appeals when a ma jority of its Justices direct that
certiorari be granted. In any case assigned to it by the Supreme
Court, the Court of Civil Appeals shall have the power to issue
writs of habeas corpus, mandamus, quo warranto, cert iorari, and
prohibition.
C. The opinions of the Court of Ci vil Appeals shall be written
in the form prescribed by the Supreme Court. No opinion of the
Court of Civil Appea ls shall be binding or cited as a precedent
unless it has been approved by the Supr eme Court for publication in
the official reporter. The Supr eme Court shall prescribe by rule
which opinion or decision, if any, of the Court of Civil Appeals
shall be published in the unofficial reporter.
D. The jurisdiction, powers, duties and procedur es of the Court
of Civil Appeals shall be as provided by rul es of the Supreme Court
unless otherwise provided by statute.
E. No judicial officer, except as otherwise author ized by law,
temporarily assigned to sit on the Court of Civil Appeals shall be
entitled to additional compensation for ju dicial service on that
Court. Expenses of judicial officers and lawyers assigned to the
Court of Civil Appeals incurred in performing their duties shall be
reimbursed pursuant to the State Travel Reimbursement Act, S ection
500.1 et seq. of Title 74 of the Oklahoma Statutes.
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F. The Supreme Court shall prescribe by rule the scope of
review it will afford when a petition for certiorari to the Court of
Civil Appeals is filed.
SECTION 2. AMENDATORY 85A O.S. 2021, Section 122, as
amended by Section 1, Chapt er 19, 1st Extraordinary Session, O.S.L.
2023 (85A O.S. Supp. 2023, Section 122), is amended to read as
follows:
Section 122. A. The Workers’ Compensation Commission Revolving
Fund established by Section 28.1 of this title shall be used for the
costs of administering the Administrative Workers’ Compensation Act
and for other purposes as authorized by law.
B. For the purpose of providing funds for the Workers’
Compensation Commission Revolving F und, for the Workers’
Compensation Court of Existing Claims ( CEC) Division of the Court of
Civil Appeals Administrative Fund created in Section 401.1 of this
title, for the Multiple Injury Trust Fund created in Section 28 of
this title, and to fund other p rovisions within this title, the
following tax rates shall a pply:
1. Each mutual or interinsurance association, stock company,
CompSource Mutual Insurance Company or other insurance carrier
writing workers’ compensation insurance in this state shall pay t o
the Oklahoma Tax Commission an assessment at a rate of one percent
(1%) of all gross direct premiums written during each quarter of the
calendar year for workers’ compensa tion insurance on risks located
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in this state after deducting from such gross direc t premiums,
return premiums, unabsorbed portions of any depo sit premiums, policy
dividends, safety refunds, savings and other similar returns paid or
credited to policyholde rs. Such payments to the Oklahoma Tax
Commission shall be made not later than the fifteenth day of the
month following the close of each quarte r of the calendar year in
which such gross direct premium is collected or collectible.
Contributions made by in surance carriers and CompSource Mutual
Insurance Company, under the provisions of t his section, shall be
considered for the purpose of computin g workers’ compensation rates;
and
2. When an employer is authorized to become a self -insurer, the
Commission shall so notify the Oklahoma Tax Commission, giving the
effective date of such author ization. The Oklahoma Tax Commission
shall then assess and c ollect from the employers carrying their own
risk an assessment at the rate of two percent (2%) of the total
compensation for permanent total disability awards, permanent
partial disability award s and death benefits paid out during each
quarter of the calendar year by the employers. Such assessment
shall be payable by the employers and collected by the Oklahoma Tax
Commission according to the provisions of this section regarding
payment and collection of the assessment created in paragraph 1 of
this subsection.
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C. It shall be the duty of the Oklahoma Tax Commission to
collect the payments provided for in this title . The Oklahoma Tax
Commission is hereby authorized to bring an action for the reco very
of any delinquent or unpaid payments required in this s ection. The
Oklahoma Tax Commission may also enforce payments by proceeding in
accordance with the provisions of Section 98 of this title.
D. The Oklahoma Tax Commission shall pay monthly to the State
Treasurer to the credit of the Multiple Injury Trust F und all monies
collected under the provisions of this section , less the annual
amounts which shall be apportione d by the Oklahoma Tax Commission ,
as follows; provided, however, if the fund in any one month is
insufficient to make the required payments, th e unpaid portion shall
be paid as soon as funds become available :
1. Five Million Five Hundred Thousand Dollars ($5,500,000.00)
shall be payable each fiscal year in equal monthly installments to
the credit of the Workers’ Compensation Commission Revolving Fund
established in Section 28.1 of this title to be used to implement
the provisions of this title; and
2. One Million Seven Hundred Fifty Thousand Dollars
($1,750,000.00) shall be payable in e qual monthly installments to
the credit of the Workers' Compensation Court of Existing Claims
(CEC) Division of the Court of Civil Appeals Administrative Fund
established in Section 401.1 of this title for the fiscal year
ending June 30, 2023, and Two Hundred Fifty Thousand Dollars
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($250,000.00) payable in equal mon thly installments to such fund for
the fiscal year beginning July 1, 2023, and each subsequent fiscal
year.
Monies deposited in the Workers’ Compensation Court of Existing
Claims (CEC) Division o f the Court of Civil Appeals Administrative
Fund shall be used by the Workers’ Compensation Court of Existing
Claims (CEC) Division to implement provisions provided for in t his
title. All unencumbered funds remaining in the Workers'
Compensation Administr ation Court of Existing Claims (CEC) Division
of the Court of Criminal Appeals Administrative Fund on July 1,
2027, shall be transferred to the State Treasurer to be returne d to
the Multiple Injury Trust Fund.
E. The refund provisions of Sections 227 thro ugh 229 of Title
68 of the Oklahoma Statutes shall be applic able to any payments made
pursuant to this section.
SECTION 3. AMENDATORY 85A O.S. 2021, Section 400, is
amended to read as follows:
Section 400. A. The Workers’ Compensation Court of Existing
Claims (CEC) shall be renamed the Workers’ Compensation Court of
Existing Claims (CEC) Division of the Court of Civil Appeals as
established by Section 30.14 of Title 20 of the Ok lahoma Statutes
for the purpose of hea ring disputes relating to claims 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
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the Court shall continue to serve as the appointment to a designated
position 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.
Position 8 shall expire 7-1-20.
Position 9 shall expire 7-1-20.
B. Effective July 1, 2020 July 1, 2024, the Workers’
Compensation Court of Ex isting Claims CEC Division of the Court of
Civil Appeals 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. 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 Governor 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 by this section who currently serves as a
member of the Court of Civil Appeals on a rotational basis as
determined by the Chief Justice of t he Supreme Court. Such
appointment shall be a n additional duty requirement .
C. A judge may be removed for cause by the Court on the
Judiciary prior to the expiration of his or her term.
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D. Each 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.
E. If a vacancy occurs 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 b y the
Judicial Nominating Commission, with confirmation of the State
Senate. If the list is not acceptabl e to the Governor, the Governor
may request from the Judicial Nominating Commission a list of the
names of three additional applicants.
F. 1. Effective January 1, 2020 July 1, 2024, the Governor
shall appoint an appointment of the Administrator of the Court of
Existing Claims, who shall serve at the pleasure of the Govern or.
The Administrator shall be appointed by the Governor with the advice
and consent of the Senate. The compen sation for the Administrator
shall be set at ninet y percent (90%) of the compensati on of a
district court judge shall terminate, with all duties to be assumed
by the Administrative Director of th e Courts.
2. The Administrator Director shall employ and supervise the
work of employees of the CEC Division of the Court of Civil Appeals
and shall have the authority to expend funds and contract on beha lf
of the Court CEC Division. The Administrator Director may contract
with the Oklahoma Workers’ Compensation Commission to provide
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support services or personnel needs nec essary to carry out the
purposes of the Court CEC Division and shall supervise the work of
any such personnel as necessary to maintai n the CEC Division of the
Court of Civil Appeals as a Court of Record.
G. D. The CEC Division of the Court of Existing Claims Civil
Appeals shall contract with the Oklahoma Workers’ Compensation
Commission to integrate its case manage ment and records Information
Technology System into the s ystem of the Oklahoma Workers’
Compensation Commission with such integration to be compl eted on or
before July 1, 2022 July 1, 2024. The CEC Division shall contract
with the Oklahoma Workers’ Compensation Commission to pa y for the
cost of such integration an d costs associated with the maintenance
and upgrades to the system. The Court Commission shall be entitled
to any fees generated for the retrieval of such data.
H. E. The Court CEC Division shall operate by the rul es adopted
by the Workers’ Compensation Court prior to February 1, 2014.
I. F. The Court of Civil Appeals is hereby designated and
confirmed as a court of record for any and all cases of the Court of
Existing Claims Division, 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 subpoena, or refuse
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to be sworn or to ans wer as a witness, when lawfully ordere d to do
so.
J. G. The principal office CEC Division of the Court shall be
situated in the City o f Oklahoma City in quarters assigned by the
Office of Management and Enterprise Services. The Cou rt of Civil
Appeals may hold hearings in any city of thi s state.
K. H. All county commissioners , and presiding district judges
of this state, or institutions of higher education shall make
quarters available for the conducting of hearings by a judge of the
Court CEC Division upon request by the Court.
L. I. Judges The designated judge of the Workers’ Compensation
CEC Division of the Court of Existing Claims Civil Appeals may
punish for direct co ntempt pursuant to Sections 565, 565.1 and 566
of Title 21 of the Oklahoma Statutes.
M. J. The CEC Division of the Court of Civil Appeals as
established by Section 30.14 of Title 20 of the Oklaho ma Statutes
shall be vested with jurisdiction over all claims filed pursuant to
the Workers’ Compensation Code or previous statute in effect o n the
date of an injury that occurred be fore February 1, 2014. In no
event does the CEC Division have jurisdictio n over any claim arising
on or after the effective d ate of this act. All claims so filed
shall be heard by the judge sitting without a jury. The Court CEC
Division shall have full power and auth ority to determine all
questions in relation to payment of claims for compensation under
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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 CEC Division, upon application of either party,
shall order a hearing. U pon a hearing, either party may present
evidence and be represented by counsel. The decision of the Court
designated judge of the CEC Division shall be final as to all
questions of fact and law; provided, the decision of the Court judge
may be appealed to the a division of the Court en banc of Civil
Appeals of which the judge is not a member, 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
available 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 t o
serve on such panel. The Governor shall provide to the Court of
Existing Claims a list of designated judges eli gible for service on
the Court en banc. The decision of the Court judge of the CEC
Division shall be issued within thirty (30) days following the
submission of the cas e 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 ord ers relating thereto if, in its opinion, it
may be justified.
N. K. For an injury occurring before February 1, 2014, all
benefits and procedures to obtain benefits shall be determ ined by
the workers’ compensation law of this state in effect on the date of
the injury.
O. L. All accrued rights and penalties incurred pu rsuant to a
final order of the Workers ’ Compensation Court or the CEC Division
of the Court of Civi l Appeals 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. M. Annually, on or before the first day of July, commencing
with July 2019, the Administrator Administrative Director of the
Courts shall prepare and submit electronically 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 an d the causes of the
accidents leading to the inju ries for which the awards were made,
total work load data of the CEC Division of the Court of Civil
Appeals, a detailed report of the work load of the judges of the CEC
Division of the Court, a detailed statement of the expenses of the
office of the Administrator of Workers’ Compensation Court of
Existing Claims CEC Division, together with any other matter which
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the Administrator Director 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, t he 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 4. AMENDATORY 85A O.S. 2021, Section 401, is
amended to read as follows:
Section 401. There is hereby created in the State Treasury a
revolving fund for the Workers’ Compensation Court of Existing
Claims (CEC) Division of the Court of Civil Appeals to be designated
the “Workers’ Compensation Court of Existing Claims (CEC) Division
of the Court of Civil Appeals Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Workers’ Compensation CEC
Division of the Court of Existing Claims Civil Appeals from all
fees, penalties and fines imposed by the Workers’ Compensation CEC
Division of the Court of Existing Claims Civil Appeals or its
Administrator the Administrative Director of the Courts. All monies
accruing to the credit of said such fund are hereby appropriated and
may be budgeted and expended by the Workers’ Compensation CEC
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Division of the Court of Existing Claims Civil Appeals for the
purpose of defraying necessary expens es of the Workers’ Compensation
Court of Existing Claims CEC Division in performance of its duties.
Expenditures from said such fund shall be made upo n warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director of the Office of Management and En terprise
Services for approval and payment.
SECTION 5. AMENDATORY 85A O.S. 2021, Section 401.1, is
amended to read as follows:
Section 401.1. There is hereby created in the State Treasury a
revolving fund for the Workers’ Compensation Court of Existing
Claims (CEC) Division of the Court of Civil Appeals to be designated
the “Workers’ Compensation Court of Existing Claims (CEC) Division
of the Court of Civil Appeals Administrative Fund”. The fund shall
be a continuing fund, not su bject to fiscal year limitations, and
shall consist of all monies received b y the Workers’ Compensation
Court of Existing Claims from revenues apportioned pursuant to
Section 122 of Title 85A of t he Oklahoma Statutes. All monies
accruing to the credit of said such fund are hereby appropriated and
may be budgeted and expended by the Workers’ Compensation CEC
Division of the Court of Existing Claims Civil Appeals for the
purpose of funding the operations of the Court, for administering
the provisions of Titl es 85 and 85A of the Oklahoma Statutes,
contracting with the Oklahoma Workers’ Compensation Commission to
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provide support services or personnel needs nec essary to carry out
the purposes of the CEC Division of the Court of Civil Appeals, and
for any other purpose related to the Administrative Workers ’
Compensation Act that the Court deems appropriate. Expenditures
from said such fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 6. This act shall become effective July 1, 2024.
SECTION 7. It being immediately ne cessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPRO PRIATIONS
February 28, 2024 - DO PASS