ENGR. S. B. NO. 1456 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 1456 By: Treat of the Senate
and
Kannady of the House
[ Workers’ Compensation Court of Existing Claims -
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 Sup reme 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 concur in any decision. In
the exercise of its powers granted by Article VII, Section 6 of the
Oklahoma Constitution, the Supreme Court shall make temporary
assignments of judicial officers, active or retired, and lawyers,
ENGR. S. B. NO. 1456 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Supreme
Court may prescribe by rule 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 date
of this act.
B. Each division of the Court of Civil Appeals convened under
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 subj ect to reexamination 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
Court of Civil Appeals when a major ity of its Justices direct that
certiorari be granted. In any case assigned to it by the Supreme
ENGR. S. B. NO. 1456 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Court, the Court of Civil Appeals shall have the power to issue
writs of habeas corpus, mandamus, quo warranto, certiorari, and
prohibition.
C. The opinions of the Court of Civil Appeals shall be written
in the form prescribed by the Supreme Court. No opinion of the
Court of Civil Appeals shall be binding or cited as a precedent
unless it has been approved by the Supreme Court for publication in
the official reporter. The Supreme 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 procedures of the Court
of Civil Appeals shall be as provided by rules of the Supreme Court
unless otherwise provided by statute.
E. No judicial officer, except as otherwise authorized by law,
temporarily assigned to sit on the Court of Civil Appeals shall be
entitled to additional compensation for judic ial 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, Section
500.1 et seq. of Title 74 of the Ok lahoma Statutes.
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.
ENGR. S. B. NO. 1456 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. AMENDATORY 85A O.S. 2021, Section 122, as
amended by Section 1, Chapter 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 use d 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 Fund, 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 provisions within this title, the
following tax rates shall apply:
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 to
the Oklahoma Tax Commission an assessmen t at a rate of one percent
(1%) of all gross direct premiums written during each quarter of the
calendar year for workers’ compensation insurance on risks located
in this state after deducting from such gross direct premiums,
return premiums, unabsorbed po rtions of any deposit premiums, policy
dividends, safety refunds, savings and other similar returns paid or
ENGR. S. B. NO. 1456 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
credited to policyholders. Such payments to the Oklahoma Tax
Commission shall be made not later than the fifteenth day of the
month following the c lose of each quarter of the calendar year in
which such gross direct premium is collected or collectible.
Contributions made by insurance carriers and CompSource Mutual
Insurance Company, under the provisions of this section, shall be
considered for the p urpose of computing 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 authorization. The Oklahoma Tax Commission
shall then assess and collect 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 awards 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 paragra ph 1 of
this subsection.
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 recovery
of any delinquent or unpaid payments required in this section. The
ENGR. S. B. NO. 1456 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Mult iple Injury Trust Fund all monies
collected under the provisions of this section, less the annual
amounts which shall be apportioned by the Oklahoma Tax Commission,
as follows; provided, however, if the fund in any one month is
insufficient to make the req uired payments, the 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 Co mmission 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 equal 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
($250,000.00) payable in equal monthly installments to such fund for
the fiscal year beginning July 1, 2023, and each subsequent fiscal
year.
ENGR. S. B. NO. 1456 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Monies deposited in the Workers’ Compensation Court of Existing
Claims (CEC) Division of 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 this
title. All unencumbered funds remaining in the Workers'
Compensation Administration Court of Existing Claims (CEC) Divis ion
of the Court of Criminal Appeals Administrative Fund on July 1,
2027, shall be transferred to the State Treasurer to be returned to
the Multiple Injury Trust Fund.
E. The refund provisions of Sections 227 through 229 of Title
68 of the Oklahoma Statut es shall be applicable 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 Oklahoma Statutes
for the purpose of hearing 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
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:
ENGR. S. B. NO. 1456 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Existing Claims CEC Division of the Court of
Civil Appeals shall consist of one judge to be appointed by the
Governor, with confirmation 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 the Supreme Court. Such
appointment shall be a two-year term to run concurrently with the
Chief Justice, and shall be an additional duty requirement .
C. A judge may be removed for cause by the Court on the
Judiciary prior to the expirat ion 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
ENGR. S. B. NO. 1456 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
her duties and shall not engage in 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 by the
Judicial Nominating Commission, with confirmation of the State
Senate. If the list is not acceptable 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 Governor.
The Administrator shall be appointed by the Governor with the advice
and consent of the Senate. The compensation for the Administrator
shall be set at ninety percent (90%) of the compensation of a
district court judge shall terminate, with all duties to be assumed
by the Administrative Director of the 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 behalf
of the Court CEC Division. The Administrator Director may contract
with the Oklahoma Workers’ Compensation Commission to provide
support services or personnel n eeds necessary to carry out the
purposes of the Court CEC Division and shall supervise the work of
ENGR. S. B. NO. 1456 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
any such personnel as necessary to maintain 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 management and records Information
Technology System into the system of the Oklahoma Workers’
Compensation Commission with such integration to be completed on or
before July 1, 2022 July 1, 2024. The CEC Division shall contract
with the Oklahoma Workers’ Compensation Commission to pay for the
cost of such integration and 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 rules 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 prerogat ives 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.
ENGR. S. B. NO. 1456 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
J. G. The principal office CEC Division 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 of Civil
Appeals may hold hearings in any city of this 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 contempt 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 Oklahoma Statutes
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 date 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 authority 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,
ENGR. S. B. NO. 1456 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2014. The Court CEC Division, upon application of either p arty,
shall order a hearing. Upon 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 district court, Workers ’ Compensation Court or
Workers’ Compensation Court of Exis ting 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 Claims a list of designated judges eligible 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 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 su ch modifications or changes with respect to
former findings or orders relating thereto if, in its opinion, it
may be justified.
ENGR. S. B. NO. 1456 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
N. K. For an injury occurring before February 1, 2014, all
benefits and procedures to obtain benefits shall be determined by
the workers’ compensation law of this state in effect on the date of
the injury.
O. L. All accrued rights and penalties incurred pursuant to a
final order of the Workers ’ Compensation Court or the CEC Division
of the Court of Civil 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 Pro 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 CEC Division of the Court of Civil
Appeals, a detailed report of the work load of th e 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
the Administrator Director deems proper to report to the Governor
including any recommendations he or she may desire to make.
ENGR. S. B. NO. 1456 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 jur isdiction 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 o f 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 limitat ions, 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
Division of the Court of Existing Claims Civil Appeals for the
purpose of defraying necessary expenses of the Workers’ Compensation
ENGR. S. B. NO. 1456 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Court of Existing Claims CEC Division in performance of its duties.
Expenditures from said such fund shall be made upon warrants issued
by the State Treasurer aga inst claims filed as prescribed by law
with the Director of the Office of Management and Enterprise
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 subject to fiscal year limitations, and
shall consist of all monies received by the Workers ’ Compensation
Court of Existing Claims from revenues apportioned pursuant t o
Section 122 of Title 85A of the 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 Titles 85 and 85A of the Oklahoma Statutes,
contracting with the Oklahoma Workers’ Compensation Commission to
provide support services or personnel needs necessary to ca rry out
the purposes of the CEC Division of the Court of Civil Appeals, and
ENGR. S. B. NO. 1456 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 and approval.
Passed the Senate the 11th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives