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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1456 By: Treat of the Senate
and
Kannady of the House
COMMITTEE SUBSTITUTE
[ 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 this title, and in addition to the four permanent divisions
established by Section 30.2 of Title 20 of the Oklahom a Statutes
this title, the Court of Civil Appeals shall consist of as many
additional divisions as the Supreme Court may deem advisable to
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convene for prompt disposition of its docket. Each division shall
consist of three Judges, at least two of whom shall concu r 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, 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 presi ding 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 Cla ims (CEC) Division of the
Court of Civil Appeals whi ch shall replace the three -judge en banc
panel of the Workers ’ Compensation Court of Existing Claims. The
CEC Division of the Court of Civil Appeals shall be vested with
jurisdiction over all appeals in the same manner as appeals to the
three-judge en banc panel 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 of the Court of Ci vil Appeals, as successor to the
three-judge en banc panel, have jurisdiction over any claim arising
on or after the effective date of this act.
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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 c ase assigned to it by the
Supreme Court, and its decisions, when final, shall be neither
appealable to the Supreme Court nor be subject to reexamination by
another division of the Court of Civil Appeals o r 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 majority of its Justices direct that
certiorari be granted. In any case assi gned to it by the Supreme
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 s tatute.
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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 judicial service on that
Court. Expenses of judicial officers and lawyers as signed to the
Court of Civil Appeals incurred in per forming their duties shall be
reimbursed pursuant to the State Travel Reimbursement Act, Section
500.1 et seq. of Title 74 of the Oklahoma Statutes.
F. The Supreme Court shall prescribe by rule the scope of
review it will afford when a petition for certio rari to the Court of
Civil Appeals is filed.
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 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 Fund, for the Workers ’
Compensation Court of Existing Claims Administrative Fund (CECAF)
created in Section 401.1 o f 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:
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1. Each mutual or interinsurance association, stock company,
CompSource Mutual Insur ance Company or other insurance carrier
writing workers’ compensation insurance in this state shall pay to
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’ compensation insurance on risks locate d
in this state after deducting from such gross direct premiums,
return premiums, unabsorbed portions of any deposit premiums, policy
dividends, safety refunds, savings and other similar returns paid or
credited to policyholders. Such payments to the Okla homa Tax
Commission shall be made not later than the fifteenth day of the
month following the close of each quarter of the calendar year in
which such gross direct premium is collected or collectible.
Contributions made by insurance carriers and CompSourc e Mutual
Insurance Company, under the provisions of this section, shall be
considered for the purpose of computing workers ’ compensation rates;
and
2. When an employer is authorized to become a self -insurer, the
Workers’ Compensation Commission shall so notify the Oklahoma Tax
Commission, giving and give the effective date of such
authorization. The Oklahoma Tax Commission shall then assess and
collect from the employers carrying their own risk an assess ment at
the rate of two percent (2%) of the total co mpensation for permanent
total disability awards, permanent partial disability awards and
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death benefits paid out during each quarter of the calendar year by
the employers. Such assessment shall be payab le by the employers
and collected by the Oklahoma Ta x Commission according to the
provisions of this section regarding payment and collection of the
assessment created in paragraph 1 of this subsection.
C. It shall be the duty of the Oklahoma Tax Commissi on to
collect the payments provided for in this titl e. 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
Oklahoma Tax Commission may also enforce paymen ts by proceeding in
accordance with the provisions o f 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 Fund all monies
collected under the provisions of this secti on, less the annual
amounts which shall be apportion ed by the Oklahoma Tax Commission,
first to the Workers ’ Compensation Commission Revolving Fund, as
follows; provided, however, if the fund in any one month is
insufficient to make the required payments, the unpaid portion shall
be paid as soon as funds be come 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 Revolvi ng Fund
established in Section 28.1 of this title to be used to implement
the provisions of this title; and
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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 Administrative Fund
established in Sectio n 401.1 of this title for the fiscal year
ending June 30, 2023, and Two Hundred Fifty Thousand Dollars
($250,000.00) shall be payable in equal monthly installments to such
fund the credit of the Workers ’ Compensation Court of Existing
Claims Administrative Fund (CECAF) for the fiscal year beginning
July 1, 2023, and each subsequent fiscal year.
Monies As of July 1, 2024, the balance of monies in the CEC
Revolving Fund and monies deposited in the Workers ’ Compensation
Court of Existing Claims Administrative Fund (CECAF) shall be used
by the Administrative Director of the Courts to fund all expenses
associated with the Workers’ Compensation Court of Existing Claims
trial judge and all three -judge en banc panel appeals adjudicated by
the CEC Division of the Cou rt of Civil Appeals to implement
provisions provided for in this title. All unencumbered funds
remaining in the Workers ’ Compensation Administration Fund on July
1, 2027, shall be transferred to the Stat e Treasurer to be returned
to the Multiple Injury Tr ust Fund.
E. The refund provisions of Sections 227 through 229 of Title
68 of the Oklahoma Statutes shall be applicable to any payments made
pursuant to this section.
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SECTION 3. 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 (CEC) shall have exclusive jurisdiction over all
disputes relating to claims that arise befo re 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 t he Court. The terms of the
judges by position numbe r 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 2024, the Workers’ Compensation Court
of Existing Claims 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 pres ent judge of the Court of Existing Claims may
apply to the Judicial Nominating Commission for appointment to fill
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any position authorized by this section Chief Justice of the Supreme
Court from a list of retired judges on a rotational basis. An
active retired judge appointed to serve as a CEC trial ju dge may
receive per diem and travel reimbursement as authorized by
subsection F of Section 1104B of Title 20 of the Oklahoma Statutes .
A judge serving on the CEC Division of the Court of Civil Appeals
shall receive no additional compensation other than th e compensation
provided by law.
C. A judge may be removed for cause by the Court on the
Judiciary prior to the 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 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 th e remainder of the term
from a list of three ap plicants 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 Nomin ating Commission a list of the
names of three additional applicants.
F. 1. Effective January 1, 2020, the Governor shall appoint an
July 1, 2024, the position of the Administrator of the Court of
Existing Claims, who shall serve at the pleasure of the Go vernor.
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The Administrator shall be appointed b y 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. All admini strative duties of
the CEC shall be transferred to the Oklahoma Workers’ Compensation
Commission including docketing, filing, preparation of appellate
records, preparation of orders, and all other duties previously
performed by the Administrator and the co urt clerk of the CEC. The
Commission shall pro vide the use of a courtroom to the CEC judge to
conduct hearings on claims for compensation and other proceedings .
2. All judicial functions of the CEC shall remain under the
authority of the Supreme Court. 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
Administrative Director of the Courts shall assist the Commission
with the transfer of any duti es determined to be judicial functions.
The Administrator may Director shall contract with the Workers’
Compensation Commission to provide support services or personnel
needs necessary to carry out the purposes of the Court CEC and shall
supervise the work of any such personnel as necessary to maintai n
the Court CEC as a Court court of Record record. The Director shall
assist the CEC trial judge and the CEC Division of the Court of
Civil Appeals as needed and may expend funds for personnel,
contracts for court reporting, and other support services .
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G. D. The Court of Existing Claims shall contract with the
Workers’ Compensation Commission to integrate its shall maintain the
case management and records Information Technology System into
information technology system of the CEC as part of the system of
the Workers’ Compensation Commission with such integration to be
completed on or before July 1, 2022 and such system shall be
utilized by the CEC trial judge . The Court Commission shall be
entitled to any fees generated for the retrieval of such data. The
Director shall enter into an agreement with the Commission for the
CEC to share in the cost for annual maintenance attributed to case
management, docketing, and recordkeeping on behalf of the CEC.
E. The non-CEC case management system, docketing, appell ate
records, and other records maintained in the normal course of
business of the Court of Civil Appeals shall remain with the
Oklahoma Court Information System (OCIS) of the Supreme Court. The
Director may contract and expend funds as needed to modify th e OCIS
to support the CEC trial judge and the CEC Division of the Court of
Civil Appeals.
H. F. The Court CEC shall operate by the rules adopted by the
Workers’ Compensation Court prior to February 1, 2014. The CEC
Division of the Court of Civil Appeals shall adopt rules of practice
and procedure for appeals to the CEC Division.
I. G. The Court is hereby designated and confirmed CEC shall
continue as a court of record, with respect to any matter within the
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limits of its jurisdiction, and within such limi ts 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 ref use
to be sworn or to answer as a witness, when lawfully ordered to do
so. Any party to a hearing on a claim for compensation before the
CEC trial judge or the CEC Division shall be entitled to the
services of a court reporter. The cost of transcripts sh all be
borne by the requesting party unless oth erwise determined by order
of the CEC trial judge .
J. H. 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 Servic es Director shall contract with the
Commission for office and courtroom space for the CEC trial judge .
The Court CEC trial judge may hold hearings and other proceedings in
any city of this state facilities provided by the Director or the
Commission.
K. All county commissioners and presiding district judges of
this state shall make quarters available for the conducting of
hearings by a judge of the Court upon request by the Court.
L. Judges of the Workers ’ Compensation Court of Existing Claims
may punish for direct contempt pursuant to Sections 565, 5 65.1 and
566 of Title 21 of the Oklahoma Statutes.
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M. I. 1. The Court CEC trial judge 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. All claims so filed
shall be heard by the judge sitting without a jury. The Court CEC
trial judge shall have full power and authority to determine all
questions in relation to paymen t 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.
2. The Court, upon application of either party, shall order a
hearing. Upon a hearing, either Commission shall coordinate w ith
the Director to schedule a docket for hearings on claims for
compensation and other proceedings requested by either party,
including all cases pending on the effective date of this act.
Hearings on claims for compensation and other proceedings may be
conducted in person or remotely at the discretion of the CEC trial
judge. The CEC trial judge may conduct other proceedings on
preliminary or supplemental matters as needed. I f any claim or
proceeding is assigned to the Commission by the CEC trial judge for
a preliminary review, the chair of the Commission may assign the
matter to any Commission administrative law judge (ALJ), or other
hearing officer. Any party may present evidence and be represented
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by counsel before the CEC trial judge, the ALJ, or ot her hearing
officer.
3. Upon receipt of the recommendation of the ALJ or other
hearing officer, any party may request a de novo rehearing with the
CEC trial judge or may waive the rehearing. If both parties waive
the rehearing, any recommendation by the ALJ or other hearing
officer shall not become a final determination until approved by
order of the CEC trial judge. Only the final order based upon the
decision of the CEC trial judge shall be appealable .
4. The decision of the Court CEC trial judge shall be final as
to all questions of fact and law; provided, the decision of the
Court CEC trial judge may be appealed to the CEC Division of the
Court en banc of Civil Appeals within ten (10) days 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 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 Claims a list of designated judges
eligible for service on the Court en banc The Commission shall
coordinate with the Director to schedule a docket for hearings on
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appeals to the CEC Division of the Court of Civil App eals, including
all cases pending on the effect ive date of this act. The parties
may appeal a decision of the CEC Division to the Supreme Court as
provided by the Supreme Court rules in the same manner as from the
three-judge en banc panel. The decision of the Court CEC trial
judge shall be issued within thirty (30) days following the
submission of the case by the parties. The power and jurisdiction
of the Court CEC trial judge over each case shall be continuing and
it may, from time to time, make such m odifications or changes with
respect to former findings or orders relating thereto if, in its
opinion, it may be justified.
N. J. 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. K. All accrued rights and penalties incurred pursuant to a
final order of the Workers’ Compensation Court CEC trial judge shall
be preserved. No accrued right, penalty incurred , or proceeding
begun by virtue of a statute re pealed by this act shall be abrogated
by the terms of this act.
P. Annually, on
L. 1. On or before the first day of July 1 of each year,
commencing with July 2019, the Administrator of the Commission shall
prepare and electronically submit a report for the prior calendar
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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 n umber of
awards made and the causes of the acci dents 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 CEC
trial judge, a detailed statement of the expen ses of the office of
the Administrator of Worke rs’ Compensation Court of Existing Claims
Commission for all administrative duties performed on behalf of the
CEC, together with any other matter which the Administrator
Commission deems proper to report to th e Governor including any
recommendations he or she may desire to make.
2. On or before July 1 of each year, the Director shall
electronically submit to the officials listed in paragraph 1 of this
subsection a report for the prior calendar year which shall include
the total workload of the CEC Division of the Court of Civil Appeals
and a detailed statement of expenses incurred because of three -judge
en banc panel appeals.
Q. M. Subject to the availability of funds, the Judge of the
Court of Existing Claims Director may enter into a contract to
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
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services in accordance with the provisions of Section 92.1A of Title
20 of the Oklahoma Statutes attorney to assist parties without
representation with duties and assignments to be determined by the
CEC trial judge and Director.
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 to be designated the “Workers’ Compensation Court of Existing
Claims Revolving Fund ”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all All
monies received by the Workers ’ Compensation Court of Exist ing
Claims (CEC) from all filing fees, fees related to the preparation
of appeals from the CEC, records search fees, and penalties and
fines imposed by the Workers’ Compensation Court of Existing Claims
or its CEC trial judge and collected by the Administrator of the
Workers’ Compensation Commission sh all be deposited in the Workers ’
Compensation Commission Revolving Fund . All monies accruing to the
credit of said the fund are hereby appropriated and may be budgeted
and expended by the Workers’ Compensation Court of Existing Claims
Commission for the purpose of defraying necessary expenses of the
Commission in performing administrative duties on behalf of the
Workers’ Compensation Court of Existing Claims in performance of its
duties including filing new cl aims, docketing, maintaining records,
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preparing records for appeal, and preparation of orders .
Expenditures from said the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director of the Off ice 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) to be designated the “Workers’ Compensation Court of
Existing Claims Administrative Fund (CECAF)”. 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 CEC from revenues apportioned pursuant to Section
122 of Title 85A of the Oklahoma Statutes this title prior to the
effective date of this act . All monies accruing to the credit of
said the fund are hereby appropriated and may be budgeted and
expended by the Workers’ Compensation Court of Existing Claims for
the purpose of funding Administrative Director of the Courts to fund
the operations of the Court, for administering and all expenses
associated with the CEC trial judge and all three-judge en banc
panel appeals adjudicated by the CEC Division of the Court of Civil
Appeals and to administer the provisions of Titles 85 and 85A of the
Oklahoma Statutes, and for any other purpose r elated to the
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Administrative Workers’ Compensation Act that the Court deems
appropriate. Expenditures from said the 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, a n 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.
59-2-10869 GRS 04/04/24