An Act
ENROLLED SENATE
BILL NO. 1456 By: Treat of the Senate
and
Kannady of the House
An Act relating to the Workers’ Compensation Court of
Existing Claims; amending 20 O.S. 2021, Section
30.14, which relates to divisions of the Court of
Civil Appeals; establishing Court of Existing Claims
(CEC) Division of the Court of Civil Appeals;
clarifying certain jurisdiction; amending 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), which relates to costs of
administering act; conforming language; amending 85A
O.S. 2021, Sections 400, 401, and 401.1, which relate
to the Workers’ Compensation Court, the Workers’
Compensation Court of Existing Claims Revolving Fund,
and the Workers’ Compensation Administrative Fund;
providing judge to serve on certain Division as
additional duty; terminating appointment of
Administrator of the Court of Existing Claims;
transferring certain duties to the Oklahoma Workers'
Compensation Commissio n; modifying certain contract
authority; requiring Division to operate by certain
rules; modifying designation as court of record;
specifying allowable locations for certain hearings;
providing procedures for appeal of certain decisions;
preserving certain rights and penalties; requiring
electronic submission of certain report by the
Administrator of the Commission ; requiring inclusion
of certain information in report; modifying certain
employment authority; modifying names of certain
funds; modifying requi rements for administration of
certain funds; updating statutory references;
updating statutory language; providing an effective
date; and declaring an emergency.
ENR. S. B. NO. 1456 Page 2
SUBJECT: Workers’ Compensation Court of Existing Claims
BE IT ENACTED BY THE PEOPLE OF TH E 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 Oklahoma Statutes
this title, the Court of Civil Ap peals 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 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, 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 replace the three -judge en banc
panel of the Workers’ Compensation Court of Existing Claims. The
CEC Division of the Cour t 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 befor e February 1, 2014. In no event does the
CEC Division of the Court of Civil Appeals, as successor to the
three-judge en banc panel, have jurisdiction over any c laim arising
on or after the effective date of this act.
B. Each division of the Court of Civ il Appeals convened under
the authority of this act section shall have jurisdiction to
ENR. S. B. NO. 1456 Page 3
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 su bject 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 maj ority 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, 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 cite d 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 judicial 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 t he Oklahoma 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.
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:
ENR. S. B. NO. 1456 Page 4
Section 122. A. The Workers’ Compensation Commission Revolving
Fund established by Section 28.1 of this title shal l 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 provid ing funds for the Workers’
Compensation Commission Revolving Fund, for the Workers’
Compensation Court of Existing Claims Administrative Fund (CECAF)
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 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 located
in this state after deducting from such gross direct premiums,
return premiums, unabsorbed portions of any deposit premi ums, policy
dividends, safety refunds, savings and other similar returns paid or
credited to policyholders. Such payments to the Oklahoma 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 CompSource 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 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 pa ragraph 1 of this subsection.
ENR. S. B. NO. 1456 Page 5
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 pay ments required in this section. The
Oklahoma Tax Commission may also enforce payments by proceeding in
accordance with the provisions of Section 98 of this titl e.
D. The Oklahoma Tax Commission shall pay monthly to the State
Treasurer to the credit of t he Multiple 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,
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 become available:
1. Five Million Five Hundred Thousand Dollars ($5,500,000.00)
shall be payable each fiscal year in eq ual 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 equal monthly installments to
the credit of the Workers’ Compensation 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) 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 Court of Civil Appeals to implement
provisions provided for in this title. All unencumbered funds
remaining in the Wor kers’ Compensation Administration Fund on July
ENR. S. B. NO. 1456 Page 6
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 Statutes shall be appli cable 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 shall be
renamed the Workers’ Compensation C ourt of Existing Claims for the
purpose of hearing (CEC) shall have exclusive jurisdiction over all
disputes relating to claims that arise before February 1, 201 4. 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:
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 o ne 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 f rom 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 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 judge may
receive per diem and travel reimbursement as authorized by
subsection F of Section 1104B of Title 20 of t he Oklahoma Statutes.
ENR. S. B. NO. 1456 Page 7
A judge serving on the CEC Division of the Court of Civil Appeals
shall receive no additional compensation other than the 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 the remainder of the term
from a list of three applicants submit ted 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, the Governor shall appoint an
July 1, 2024, the posi tion 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. All administrative 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 court clerk of the CEC. The
Commission shall provide the use o f a courtroom to the CEC judge to
conduct hearings on claims for compensation and other proceed ings.
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 duties determined to be judicial functions .
The Administrator may Director shall contract with the Workers’
Compensation Commission to provide support service s or personnel
ENR. S. B. NO. 1456 Page 8
needs necessary to carry out the purposes of the Court CEC and shall
supervise the work of any such personnel as necessary to maintain
the Court CEC as a Court court of Record record. The Director shall
assist the CEC trial judge and the CE C Division of the Court of
Civil Appeals as needed and may expend funds for personnel,
contracts for court reporting, and other support services .
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 ma intenance attributed to case
management, docketing, and recordkeeping on behalf of the CEC.
E. The non-CEC case management system, docketing, appellate
records, and other records maintained in the normal course of
business of the Court of Civil Appeals s hall remain with the
Oklahoma Court Information System (OCIS) of the Supreme Court. The
Director may contract and expend funds as needed to modify the 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
limits of its jurisdiction , and within such limits the ju dges
thereof shall possess the powers and prerogatives of the judges of
the other courts of rec ord 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. 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 shall be
ENR. S. B. NO. 1456 Page 9
borne by the requesting party unless otherwise de termined by order
of the CEC trial judge .
J. H. The principal office of the Court shall be si tuated in
the City of Oklahoma City in quarters assigned by the Office of
Management and Enterprise Services 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 Co urt upon request by the Court.
L. Judges of the Workers’ Compensation Court of Existing Claims
may punish for direct contempt pursuant to Sections 565, 565.1 and
566 of Title 21 of the Oklahoma Statutes.
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 befor e February 1, 2014. All claims so filed
shall be heard by the judge sitting without a jury. T he Court CEC
trial judge 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 occ urred before February 1,
2014.
2. The Court, upon application of either party, shall order a
hearing. Upon a hearing, either Commission shall coordinate with
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. If 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 admin istrative law judge (ALJ), or other
ENR. S. B. NO. 1456 Page 10
hearing officer. Any party may present evidence and be represented
by counsel before the CEC trial judge, the ALJ, or other 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 C ode 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 l ist 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
appeals to the CEC Division of the Court of Civil Appeals, including
all cases pending on the effective 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 with in thirty (30) days following the
submission of the case by the parties. The power and jurisdi ction
of the Court CEC trial judge over each case shall be continuing and
it he or she may, from time to time, make such modifications or
changes with respect to former findings or orders relating thereto
if, in its his or her 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
ENR. S. B. NO. 1456 Page 11
the workers’ compensation law of this state in effect on the date of
the injury.
O. K. All accrued rights and penalties incurr ed 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 repealed 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
year to the Governor, the Chief Justice of the Suprem e 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 Court, a
detailed report of the work load of the judges of the Court CEC
trial judge, a detailed statement of the expenses of the office of
the Administrator of Workers’ Compensation Court of Existing Claims
Commission for all administrat ive duties performed on behalf of the
CEC, together with any other matter which the Administrator
Commission deems proper to report to the Governor including any
recommendations he or she may desire to make.
2. On or before July 1 of each year, the Direc tor 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 inc urred 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 rece ive compensation for such
services in accordance with the provisions of Section 92.1A of Title
20 of the Oklahoma Statutes attorney to assist parties without
ENR. S. B. NO. 1456 Page 12
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 cont inuing fund, not
subject to fiscal year limitations, and shall consist of all All
monies received by the Workers’ Compensation Court of Existing
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 shall be deposited in the Workers’
Compensation Commission Revolving F und. 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 performi ng administrative duties on behalf of the
Workers’ Compensation Court of Existing Claims in performance of its
duties including filing new claims, docketing, mai ntaining records,
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 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’ C ompensation 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 pursua nt 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
ENR. S. B. NO. 1456 Page 13
said the fund are hereby appropriated and may be budgeted and
expended by the Workers’ Compensation Court of E xisting 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 Div ision 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 related to the
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, an emergency is h ereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 1456 Page 14
Passed the Senate the 2nd day of May, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________