Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB1076 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB1076 HFLR Page 1
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	3	+	ENGR. S. B. NO. 1076 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 60th Legislature (2025)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 1076 By: Murdock of the Senate
37	30
38	31		and
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40	33		Newton of the House
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45	38		An Act relating to the Administrative Workers ’
46	39		Compensation Act; amending 85A O.S. 2021, Section 2,
47	40		which relates to definitions; modifying definitions;
48	41		updating statutory language; updating statutory
49	42		references; and providing an effective date .
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55	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	49		SECTION 1. AMENDATORY 85A O.S. 2021, Section 2, is
57	50		amended to read as follows:
58	51		Section 2. As used in the Administrative Workers ’ Compensation
59	52		Act:
60	53		1. “Actually dependent” means a surviving spouse, a child or
61	54		any other person who receives one -half (1/2) or more of his or her
62	55		support from the employee;
63	56		2. “Carrier” means any stock company, mu tual company, or
64	57		reciprocal or interinsurance exchange authorized to write or car ry
65	58		on the business of workers ’ compensation insurance in this state.
	59	+	Whenever required by the context, the term “carrier” carrier shall
	60	+	be deemed to include duly qualified se lf-insureds or self-insured
	61	+	groups;
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67		-	SB1076 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	63	+	ENGR. S. B. NO. 1076 Page 2 1
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93		-	Whenever required by the context, the term “carrier” carrier shall
94		-	be deemed to include duly qualified se lf-insureds or self-insured
95		-	groups;
96	88		3. “Case management” means the ongoing coordination, by a case
97	89		manager, of health care services provided to an injured or disabled
98	90		worker, including but not limited to systematically monitoring the
99	91		treatment rendered an d the medical progress of the injured or
100	92		disabled worker; ensuring that any treat ment plan follows all
101	93		appropriate treatment protocols, utilization controls and practice
102	94		parameters; assessing whether alternative health care services are
103	95		appropriate and delivered in a cost-effective manner based upon
104	96		acceptable medical standards; and ensuring that the injured or
105	97		disabled worker is following the prescribed health care plan;
106	98		4. “Case manager” means a person who is a registered nurse with
107	99		a current, active une ncumbered license from the Oklahoma Board of
108	100		Nursing, or possesses one or more of the following certifications
109	101		which indicate the individual has a minimum number of years of case
110	102		management experience, has passed a national competency test and
111	103		regularly obtains continuing education hours to maintain
112	104		certification:
113	105		a. Certified Disability Management Specialist (CDMS),
114	106		b. Certified Case Manager (CCM),
115	107		c. Certified Rehabilitation Registered Nurse (CRRN),
116	108		d. Case Manager - Certified (CMC),
	109	+	e. Certified Occupational Health Nurse (COHN), or
	110	+	f. Certified Occupational Health Nurse Specialist (C OHN-
	111	+	S);
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118		-	SB1076 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	113	+	ENGR. S. B. NO. 1076 Page 3 1
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144		-	e. Certified Occupational Health Nurse (COHN), or
145		-	f. Certified Occupational Health Nurse Specialist (COHN -
146		-	S);
147	138		5. “Certified workplace medical plan ” means an organization of
148	139		health care providers or any other entity, certified by the State
149	140		Commissioner of Health, that is autho rized to enter into a
150	141		contractual agreement with an employer, a group self-insurance
151	142		association plan, an employer’s workers’ compensation insurance
152	143		carrier, a third-party administrator or an insured to provide
153	144		medical care under the Administrative Workers ’ Compensation Act.
154	145		Certified plans shall only include plans which provide medic al
155	146		services and payment for services on a fee -for-service basis to
156	147		medical providers;
157	148		6. “Child” means a natural or adopted son or daughter of the
158	149		employee under eighteen (18 ) years of age; or a natural or adopted
159	150		son or daughter of an employee eighteen (18) years of age or over
160	151		who is physically or mentally incapable of self -support; or any
161	152		natural or adopted son or daughter of an employee eighteen (18)
162	153		years of age or over w ho is actually dependent; or any natural or
163	154		adopted son or daughter of an employe e between eighteen (18) and
164	155		twenty-three (23) years of age who is enrolled as a full -time
165	156		student in any accredited educational institution. The term “child”
166	157		child includes a posthumous child, a child legally adopted or one
167	158		for whom adoption proceedings are pending at the time of death, an
	159	+	actually dependent stepchild or an actually dependent acknowledged
	160	+	child born out of wedlock;
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169		-	SB1076 HFLR Page 4
170		-	BOLD FACE denotes Committee Amendments. 1
	162	+	ENGR. S. B. NO. 1076 Page 4 1
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195		-	actually dependent stepchild or an actually dependent acknowledged
196		-	child born out of wedlock;
197	187		7. “Claimant” means a person who claims bene fits for an injury
198	188		or occupational disease pursuant to the provisions of the
199	189		Administrative Workers’ Compensation Act;
200	190		8. “Commission” means the Oklahoma Workers’ Compensation
201	191		Commission;
202	192		9. a. “Compensable injury” means damage or harm to the
203	193		physical structure of the body, or damage or harm to
204	194		prosthetic appliances, including eyeglasses, contact
205	195		lenses, or hearing aids, of which the major cause is
206	196		either an accident, cumulative trauma or occupational
207	197		disease arising out of the course and scope of
208	198		employment. An “accident” means an event involving
209	199		factors external to the employee that :
210	200		(1) was unintended, unanticipated, unforeseen,
211	201		unplanned and unexpected,
212	202		(2) occurred at a specifically identifiable time and
213	203		place,
214	204		(3) occurred by chance or from unknown c auses, or
215	205		(4) was independent of sickness, mental incapacity,
216	206		bodily infirmity or any other cause.
217	207		b. “Compensable injury” Compensable injury does not
218	208		include:
	209	+	(1) injury to any active participant in assaults or
	210	+	combats which, although they may occur in th e
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220		-	SB1076 HFLR Page 5
221		-	BOLD FACE denotes Committee Amendments. 1
	212	+	ENGR. S. B. NO. 1076 Page 5 1
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246		-	(1) injury to any active participant in assaults or
247		-	combats which, although they may occur in the
248	237		workplace, are the result of non -employment-
249	238		related hostility or animus of one, both, or all
250	239		of the combatants and which assault or combat
251	240		amounts to a deviation from customary duties;
252	241		provided, however, injuries caused by horseplay
253	242		shall not be consider ed to be compensable
254	243		injuries, except for innocent victims,
255	244		(2) injury incurred while engaging in or performing
256	245		or as the result of engaging in or performing any
257	246		recreational or social activities for the
258	247		employee’s personal pleasure,
259	248		(3) injury which was inflicted on the employee at a
260	249		time when employment services were not being
261	250		performed or before the employee was hired or
262	251		after the employment relationship was terminated,
263	252		(4) injury if the accident was caused by the use of
264	253		alcohol, illegal drugs, or prescr iption drugs
265	254		used in contravention of physician ’s orders. If
266	255		a biological specimen is collected within twenty -
267	256		four (24) hours of the employee being injured or
268	257		reporting an injury, or if at any time after the
269	258		injury a biological specimen is collected by th e
	259	+	Oklahoma Office of the Chief Medical Examiner if
	260	+	the injured employee does not survive for at
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271		-	SB1076 HFLR Page 6
272		-	BOLD FACE denotes Committee Amendments. 1
	262	+	ENGR. S. B. NO. 1076 Page 6 1
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297		-	Oklahoma Office of the Chief Medical Examiner if
298		-	the injured employee does not survive for at
299	287		least twenty-four (24) hours after the injury and
300	288		the employee tests positive for intoxication, an
301	289		illegal controlled substance, or a legal
302	290		controlled substance used in contravention to a
303	291		treating physician’s orders, or refuses to
304	292		undergo the drug and alcohol testing, there shall
305	293		be a rebuttable presumption that the injury was
306	294		caused by the use of alcohol, illegal drugs, or
307	295		prescription drugs used in contraventio n of
308	296		physician’s orders. This presumption may only be
309	297		overcome if the employee p roves by clear and
310	298		convincing evidence that his or her state of
311	299		intoxication had no causal relationship to the
312	300		injury,
313	301		(5) any strain, degeneration, damage or harm to, or
314	302		disease or condition of, the eye or
315	303		musculoskeletal structure or other body part
316	304		resulting from the natural results of aging,
317	305		osteoarthritis, arthritis, or degenerative
318	306		process including, but not limited to,
319	307		degenerative joint disease, degenerative disc
320	308		disease, degenerative
	309	+	spondylosis/spondylolisthesis and spinal
	310	+	stenosis, or
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322		-	SB1076 HFLR Page 7
323		-	BOLD FACE denotes Committee Amendments. 1
	312	+	ENGR. S. B. NO. 1076 Page 7 1
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348		-	spondylosis/spondylolisthesis and spinal
349		-	stenosis, or
350	337		(6) any preexisting condition except when the
351	338		treating physician clearly confirms an
352	339		identifiable and significant aggravation incurred
353	340		in the course and scope of employment.
354	341		c. A compensable injury shall be established by medical
355	342		evidence supported by objective findings as defined in
356	343		paragraph 31 of this section.
357	344		d. The injured employee shall prove by a preponderance of
358	345		the evidence that he or she has suffered a compensable
359	346		injury.
360	347		e. Benefits shall not be payable for a condition which
361	348		results from a non-work-related independent
362	349		intervening cause following a compensable injury which
363	350		causes or prolongs disability , or aggravation, or
364	351		requires treatment. A non -work-related independent
365	352		intervening cause does not require negligence or
366	353		recklessness on the part of a claimant.
367	354		f. An employee who suffers a compensable injury shall be
368	355		entitled to receive compensation as prescribed in this
369	356		act the Administrative Workers ’ Compensation Act.
370	357		Notwithstanding other provisions of law, if it is
371	358		determined that a compensable injury did not occur,
	359	+	the employee shall not be entitled to compensation
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373		-	SB1076 HFLR Page 8
374		-	BOLD FACE denotes Committee Amendments. 1
	361	+	ENGR. S. B. NO. 1076 Page 8 1
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399		-	the employee shall not be entitled to compensation
400	386		under this act the Administrative Workers ’
401	387		Compensation Act;
402	388		10. “Compensation” means the money allowance payabl e to the
403	389		employee or to his or her dependents and includes the medical
404	390		services and supplies provided for in Section 50 of this title and
405	391		funeral expenses;
406	392		11. “Consequential injury ” means injury or harm to a part of
407	393		the body that is a direct result of th e injury or medical treatment
408	394		to the part of the body originally injured in the c laim. The
409	395		Commission shall not make a finding of a consequential injury unless
410	396		it is established by objective medical evidence that medical
411	397		treatment for such part of the bod y is required;
412	398		12. “Continuing medical maintenance ” means medical treatment
413	399		that is reasonable and necessary to maintain a claimant’s condition
414	400		resulting from the compensable injury or illness after reaching
415	401		maximum medical improvement. Continuing medica l maintenance shall
416	402		not include diagnostic tests, surgery, injections, counseling ,
417	403		physical therapy, or pain management devices or equipment;
418	404		13. “Course and scope of employment ” means an activity of any
419	405		kind or character for which the employee was hired and that relates
420	406		to and derives from the work, business, trade or profession of an
421	407		employer, and is performed by an employee in the furtherance of the
422	408		affairs or business of an employer. The term includes activities
	409	+	conducted on the premises of an employe r or at other locations
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424		-	SB1076 HFLR Page 9
425		-	BOLD FACE denotes Committee Amendments. 1
	411	+	ENGR. S. B. NO. 1076 Page 9 1
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450		-	conducted on the premises of an employer or at other locations
451	436		designated by an employer and travel by an employee in fu rtherance
452	437		of the affairs of an employer that is specifically directed by the
453	438		employer. This term does not include:
454	439		a. an employee’s transportation to and from his or her
455	440		place of employment,
456	441		b. travel by an employee in furtherance of the affairs of
457	442		an employer if the travel is also in furtherance of
458	443		personal or private affairs of the employee,
459	444		c. any injury occurring in a parking lot or other common
460	445		area adjacent to an employe r’s place of business
461	446		before the employee clocks in or otherwise begins work
462	447		for the employer or after the employee clocks out or
463	448		otherwise stops work for the employer unless the
464	449		employer owns or maintains exclusive control over the
465	450		area, or
466	451		d. any injury occurring while an employee is on a work
467	452		break, unless the injury occurs while the employee is
468	453		on a work break inside the employer ’s facility or in
469	454		an area owned by or exclusively controlled by the
470	455		employer and the work break is authorized by the
471	456		employee’s supervisor;
472	457		14. “Cumulative trauma” means an injury to an employee that is
473	458		caused by the combined effect of repetitive physical activities
	459	+	extending over a period of time in the course and scope of
474	460
475		-	SB1076 HFLR Page 10
476		-	BOLD FACE denotes Committee Amendments. 1
	461	+	ENGR. S. B. NO. 1076 Page 10 1
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501		-	extending over a period of time in the course and scope of
502	486		employment. Cumulative trauma shall not mean fatigue, soreness or
503	487		general aches and pain that may have been caused, aggravated,
504	488		exacerbated or accelerated by the employee ’s course and scope of
505	489		employment. Cumulative trauma shall have resulted directly and
506	490		independently of all other causes;
507	491		15. “Death” means only death resulting from compensable injury
508	492		as defined in paragraph 9 of this s ection;
509	493		16. “Disability” means incapacity because of compensable injury
510	494		to earn, in the same or any other employment, substantially the same
511	495		amount of wages the employee was receiving at the time of the
512	496		compensable injury;
513	497		17. “Drive-away operations” includes every person engaged in
514	498		the business of transporting and delivering new or used vehicles by
515	499		driving, either singly or by towbar, saddle -mount or full-mount
516	500		method, or any combination thereof, with or without towing a
517	501		privately owned vehicle;
518	502		18. a. “Employee” means any person, including a minor, in the
519	503		service of an employer under any contract of hire or
520	504		apprenticeship, written or oral, expressed or implied,
521	505		but excluding one whose employment is casual and not
522	506		in the course of the trade, business, profession, or
523	507		occupation of his or her employer and excluding one
524	508		who is required to perform work for a municipality or
	509	+	county or the state or federal government on having
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526		-	SB1076 HFLR Page 11
527		-	BOLD FACE denotes Committee Amendments. 1
	511	+	ENGR. S. B. NO. 1076 Page 11 1
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552		-	county or the state or federal government on having
553	536		been convicted of a criminal offense or while
554	537		incarcerated. “Employee” Employee shall also include
555	538		a member of the Oklahoma National Guard while in the
556	539		performance of duties only while in response to state
557	540		orders and any authorized voluntary or uncompensated
558	541		worker, rendering services as a firefighter, law
559	542		enforcement officer or emergency management worker.
560	543		Travel by a police officer, fireman, or a member of a
561	544		first aid or rescue squad, in responding to and
562	545		returning from an emergency, shall be deemed to be in
563	546		the course of employment.
564	547		b. The term “employee” employee shall not include:
565	548		(1) any person for whom an employer is liable under
566	549		any Act of Congress for providing compensation to
567	550		employees for injuries, disease or death arising
568	551		out of and in the course of employment including,
569	552		but not limited to, the Federal Employees ’
570	553		Compensation Act, the Federal Employers ’
571	554		Liability Act, the Longshore and Harbor Workers ’
572	555		Compensation Act and the Jones Act, to the extent
573	556		his or her employees are subject to such acts,
574	557		(2) any person who is employed in agriculture,
575	558		ranching, or horticulture by an emplo yer who had
	559	+	a gross annual payroll in the preceding calendar
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577		-	SB1076 HFLR Page 12
578		-	BOLD FACE denotes Committee Amendments. 1
	561	+	ENGR. S. B. NO. 1076 Page 12 1
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603		-	a gross annual payroll in the preceding calendar
604	586		year of less than One Hundred Thousand Dollars
605	587		($100,000.00) One Hundred Fifty Thousand Dollars
606	588		($150,000.00) wages for agricultural, ranching or
607	589		horticultural workers, or any person who is
608	590		employed in agriculture, ranching or horticulture
609	591		who is not engaged in operation of motorized
610	592		machines. This exemption applies to any period
611	593		of time for which such employment exi sts,
612	594		irrespective of whether or not the person is
613	595		employed in other activities fo r which the
614	596		exemption does not apply. If the person is
615	597		employed for part of a year in exempt activities
616	598		and for part of a year in nonexempt activities,
617	599		the employer shall be responsible for providing
618	600		workers’ compensation only for the period of time
619	601		for which the person is employed in nonexempt
620	602		activities,
621	603		(3) any person who is a licensed real estate sales
622	604		associate or broker, paid on a commission basis,
623	605		(4) any person employed by an employer with five or
624	606		fewer total employees, all of whom are related
625	607		within the second degree by blood or marriage to
626	608		the employer, all of whom are dependents living
	609	+	in the household of the employer, or all of whom
627	610
628		-	SB1076 HFLR Page 13
629		-	BOLD FACE denotes Committee Amendments. 1
	611	+	ENGR. S. B. NO. 1076 Page 13 1
630	612		2
631	613		3
632	614		4
633	615		5
634	616		6
635	617		7
636	618		8
637	619		9
638	620		10
639	621		11
640	622		12
641	623		13
642	624		14
643	625		15
644	626		16
645	627		17
646	628		18
647	629		19
648	630		20
649	631		21
650	632		22
651	633		23
652	634		24
653	635
654		-	in the household of the employer, or all of whom
655	636		are a combination of such relativ es and
656	637		dependents. If the employer is not a natural
657	638		person such relative shall be related within the
658	639		second degree by blood or marriage to a person
659	640		who owns fifty percent (50%) or more of the
660	641		employer, or such dependent shall be in the
661	642		household of a person who owns fifty percent
662	643		(50%) or more of the employer,
663	644		(5) any person employed by an employer which is a
664	645		youth sports league which qualifies for exemption
665	646		from federal income taxation pursuant to federal
666	647		law,
667	648		(6) sole proprietors, members of a partnershi p,
668	649		individuals who are party to a franchise
669	650		agreement as set out by the Federal Trade
670	651		Commission franchise disclosure rule, 16 CFR
671	652		436.1 through 436.11, members of a limited
672	653		liability company who own at least ten percent
673	654		(10%) of the capital of the limited liability
674	655		company or any stockholder -employees of a
675	656		corporation who own ten perc ent (10%) or more
676	657		stock in the corporation, unless they elect to be
677	658		covered by a policy of insurance covering
678	659
679		-	SB1076 HFLR Page 14
680		-	BOLD FACE denotes Committee Amendments. 1
	660	+	ENGR. S. B. NO. 1076 Page 14 1
681	661		2
682	662		3
683	663		4
684	664		5
685	665		6
686	666		7
687	667		8
688	668		9
689	669		10
690	670		11
691	671		12
692	672		13
693	673		14
694	674		15
695	675		16
696	676		17
697	677		18
698	678		19
699	679		20
700	680		21
701	681		22
702	682		23
703	683		24
704	684
705	685		benefits under the Administrative Workers ’
706	686		Compensation Act,
707	687		(7) any person providing or performing voluntary
708	688		service who receives no wages for the services
709	689		other than meals, drug or alcohol rehabilitative
710	690		therapy, transportation, lodging or reimbursement
711	691		for incidental expenses except for volunteers
712	692		specifically provided for in subparagraph a of
713	693		this paragraph,
714	694		(8) a person, commonly referred to as an owner-
715	695		operator, who owns or leases a truck -tractor or
716	696		truck for hire, if the owner -operator actually
717	697		operates the truck-tractor or truck and if the
718	698		person contracting with the owner-operator is not
719	699		the lessor of the truck -tractor or truck.
720	700		Provided, however, an owner -operator shall not be
721	701		precluded from workers ’ compensation coverage
722	702		under the Administrative Workers ’ Compensation
723	703		Act if the owner-operator elects to partici pate
724	704		as a sole proprietor,
725	705		(9) a person referred to as a drive -away owner-
726	706		operator who privately owns and utilizes a tow
727	707		vehicle in drive-away operations and operates
728	708		independently for hire, if the drive -away owner-
729	709
730		-	SB1076 HFLR Page 15
731		-	BOLD FACE denotes Committee Amendments. 1
	710	+	ENGR. S. B. NO. 1076 Page 15 1
732	711		2
733	712		3
734	713		4
735	714		5
736	715		6
737	716		7
738	717		8
739	718		9
740	719		10
741	720		11
742	721		12
743	722		13
744	723		14
745	724		15
746	725		16
747	726		17
748	727		18
749	728		19
750	729		20
751	730		21
752	731		22
753	732		23
754	733		24
755	734
756	735		operator actually utilizes the tow vehicl e and if
757	736		the person contracting with the drive -away owner-
758	737		operator is not the lessor of the tow vehicle.
759	738		Provided, however, a drive -away owner-operator
760	739		shall not be precluded from workers ’ compensation
761	740		coverage under the Administrative Workers ’
762	741		Compensation Act if the drive-away owner-operator
763	742		elects to participate as a sole proprieto r, and
764	743		(10) any person who is employed as a domestic servant
765	744		or as a casual worker in and about a private home
766	745		or household, which private home or household had
767	746		a gross annual payroll in the preceding calendar
768	747		year of less than Fifty Thousand Dollars
769	748		($50,000.00) for such workers , and
770	749		(11) any person who is a dependent child of an owner
771	750		of a farm, ranch, livestock market, or other
772	751		agricultural business and the dependent child i s
773	752		employed by such;
774	753		19. “Employer” means a natural person, partnership,
775	754		association, limited liability company, corporation, and the legal
776	755		representatives of a deceased employer, or the receiver or trustee
777	756		of a person, partnership, association, corporatio n, or limited
778	757		liability company, departments, instrumentalities and institutions
779	758		of this state and divisions thereof, counties and divisions thereof,
780	759
781		-	SB1076 HFLR Page 16
782		-	BOLD FACE denotes Committee Amendments. 1
	760	+	ENGR. S. B. NO. 1076 Page 16 1
783	761		2
784	762		3
785	763		4
786	764		5
787	765		6
788	766		7
789	767		8
790	768		9
791	769		10
792	770		11
793	771		12
794	772		13
795	773		14
796	774		15
797	775		16
798	776		17
799	777		18
800	778		19
801	779		20
802	780		21
803	781		22
804	782		23
805	783		24
806	784
807	785		public trusts, boards of education and incorporated cities or towns
808	786		and divisions thereof, employing a per son included within the term
809	787		“employee” employee as defined in this section. Emp loyer may also
810	788		mean the employer’s workers’ compensation insurance carrier, if
811	789		applicable. Except as provided otherwise, this act the
812	790		Administrative Workers ’ Compensation Act applies to all public and
813	791		private entities and institutions;
814	792		20. “Employment” includes work or labor in a trade, business,
815	793		occupation or activity carried on by an employer or any authorized
816	794		voluntary or uncompensated worker rendering services as a
817	795		firefighter, peace officer or emergency management worker;
818	796		21. “Evidence-based” means expert-based, literature-supported
819	797		and outcomes validated by well -designed randomized trials when such
820	798		information is available and which uses the best available evidence
821	799		to support medical decision making;
822	800		22. “Gainful employment” means the capacity to perform
823	801		employment for wages for a period of time that is not part -time,
824	802		occasional or sporadic;
825	803		23. “Impaired self-insurer” means a private self -insurer or
826	804		group self-insurance association that fails to pay its workers ’
827	805		compensation obligations, or is fin ancially unable to do so and is
828	806		the subject of any proceeding under the Federal Bankruptcy Reform
829	807		Act of 1978, and any subsequent amendments or is the subject of any
830	808		proceeding in which a receiver, custodian, liquidator,
831	809
832		-	SB1076 HFLR Page 17
833		-	BOLD FACE denotes Committee Amendments. 1
	810	+	ENGR. S. B. NO. 1076 Page 17 1
834	811		2
835	812		3
836	813		4
837	814		5
838	815		6
839	816		7
840	817		8
841	818		9
842	819		10
843	820		11
844	821		12
845	822		13
846	823		14
847	824		15
848	825		16
849	826		17
850	827		18
851	828		19
852	829		20
853	830		21
854	831		22
855	832		23
856	833		24
857	834
858	835		rehabilitator, trustee or similar officer has been appointed by a
859	836		court of competent jurisdiction to act in lieu of or on behalf of
860	837		the self-insurer;
861	838		24. “Incapacity” means inadequate strength or ability to
862	839		perform a work-related task;
863	840		25. “Insurance Commissioner ” means the Insurance Comm issioner
864	841		of the State of Oklahoma this state;
865	842		26. “Insurance Department ” means the Insurance Department of
866	843		the State of Oklahoma this state;
867	844		27. “Major cause” means more than fifty percent (50%) of the
868	845		resulting injury, disease or illness. A finding of major cause
869	846		shall be established by a preponderance of the evidence. A finding
870	847		that the workplace was not a major cause of the injury, disease or
871	848		illness shall not adversely affect the exclusive remedy provisions
872	849		of this act the Administrative Workers ’ Compensation Act and shall
873	850		not create a separate cause of action outside this act the
874	851		Administrative Workers ’ Compensation Act;
875	852		28. “Maximum medical improvement ” means that no further
876	853		material improvement would reasonably be expected from medical
877	854		treatment or the passage of time;
878	855		29. “Medical services” means those services specified in
879	856		Section 50 of this title;
880	857		30. “Misconduct” shall include the following:
881	858		a. unexplained absenteeism or tardiness,
882	859
883		-	SB1076 HFLR Page 18
884		-	BOLD FACE denotes Committee Amendments. 1
	860	+	ENGR. S. B. NO. 1076 Page 18 1
885	861		2
886	862		3
887	863		4
888	864		5
889	865		6
890	866		7
891	867		8
892	868		9
893	869		10
894	870		11
895	871		12
896	872		13
897	873		14
898	874		15
899	875		16
900	876		17
901	877		18
902	878		19
903	879		20
904	880		21
905	881		22
906	882		23
907	883		24
908	884
909	885		b. willful or wanton indifference to or neglect of the
910	886		duties required,
911	887		c. willful or wanton breach of any duty required by the
912	888		employer,
913	889		d. the mismanagement of a position of employment by
914	890		action or inaction,
915	891		e. actions or omissions t hat place in jeopardy the
916	892		health, life, or property of self or others,
917	893		f. dishonesty,
918	894		g. wrongdoing,
919	895		h. violation of a law, or
920	896		i. a violation of a policy or rule adopted to ensure
921	897		orderly work or the safety of self or others;
922	898		31. a. (1) “Objective findings” are those findings which
923	899		cannot come under the voluntary control of the
924	900		patient.
925	901		(2) (a) When determining permanent disability, a
926	902		physician, any other medical provider, an
927	903		administrative law judge, the Commission or
928	904		the courts shall not consider complain ts of
929	905		pain.
930	906		(b) For the purpose of making permanent
931	907		disability ratings to the spine, physicians
932	908		shall use criteria established by the Sixth
933	909
934		-	SB1076 HFLR Page 19
935		-	BOLD FACE denotes Committee Amendments. 1
	910	+	ENGR. S. B. NO. 1076 Page 19 1
936	911		2
937	912		3
938	913		4
939	914		5
940	915		6
941	916		7
942	917		8
943	918		9
944	919		10
945	920		11
946	921		12
947	922		13
948	923		14
949	924		15
950	925		16
951	926		17
952	927		18
953	928		19
954	929		20
955	930		21
956	931		22
957	932		23
958	933		24
959	934
960	935		Edition of the American Medical Association
961	936		“Guides to the Evaluation of Permanent
962	937		Impairment”.
963	938		(3) (a) Objective evidence necessary to prove
964	939		permanent disability in occupational hearing
965	940		loss cases may be established by medically
966	941		recognized and accepted clinical diagnostic
967	942		methodologies, including, but not limited
968	943		to, audiological tests that measure air and
969	944		bone conduction thresholds and speech
970	945		discrimination ability.
971	946		(b) Any difference in the baseline hearing
972	947		levels shall be confirmed by subsequent
973	948		testing; provided, however, such test shall
974	949		be given within four (4) weeks of the
975	950		initial baseline hearing level test but n ot
976	951		before five (5) days after being adjusted
977	952		for presbycusis.
978	953		b. Medical opinions addressing compensability and
979	954		permanent disability shall be stated within a
980	955		reasonable degree of medical certainty;
981	956		32. “Official Disability Guidelines ” or “ODG” means the current
982	957		edition of the Official Disability Guidelines and the ODG Treatment
983	958		in Workers’ Comp as published by the Work Loss Data Institute;
984	959
985		-	SB1076 HFLR Page 20
986		-	BOLD FACE denotes Committee Amendments. 1
	960	+	ENGR. S. B. NO. 1076 Page 20 1
987	961		2
988	962		3
989	963		4
990	964		5
991	965		6
992	966		7
993	967		8
994	968		9
995	969		10
996	970		11
997	971		12
998	972		13
999	973		14
1000	974		15
1001	975		16
1002	976		17
1003	977		18
1004	978		19
1005	979		20
1006	980		21
1007	981		22
1008	982		23
1009	983		24
1010	984
1011	985		33. “Permanent disability ” means the extent, expressed as a
1012	986		percentage, of the loss of a portion of the total physiol ogical
1013	987		capabilities of the human body as established by competent medical
1014	988		evidence and based on the Sixth Edition of the American Medical
1015	989		Association “Guides to the Evaluation of Permanent Impairment ”, if
1016	990		the impairment is contained therein;
1017	991		34. “Permanent partial disability ” means a permanent disability
1018	992		or loss of use after maximum medical improvement has been reached
1019	993		which prevents the injured employee, who has been released to return
1020	994		to work by the treating physician, from returning to his or her pre -
1021	995		injury or equivalent job. All evaluations of permanent partial
1022	996		disability must be supported by objective findings;
1023	997		35. “Permanent total disability ” means, based on objective
1024	998		findings, incapacity, based upon accidental injury or occupational
1025	999		disease, to earn wages in any employment for which the employee may
1026	1000		become physically suited and reasonably fitted by education,
1027	1001		training, experience or vocational rehabilitation provided under
1028	1002		this act the Administrative Workers ’ Compensation Act. Loss of both
1029	1003		hands, both feet, both legs, or both eyes, or any two thereof, shall
1030	1004		constitute permanent total disability;
1031	1005		36. “Preexisting condition ” means any illness, injury, disease,
1032	1006		or other physical or mental condition, whether or not work -related,
1033	1007		for which medical advic e, diagnosis, care or treatment was
1034	1008		recommended or received preceding the date of injury;
1035	1009
1036		-	SB1076 HFLR Page 21
1037		-	BOLD FACE denotes Committee Amendments. 1
	1010	+	ENGR. S. B. NO. 1076 Page 21 1
1038	1011		2
1039	1012		3
1040	1013		4
1041	1014		5
1042	1015		6
1043	1016		7
1044	1017		8
1045	1018		9
1046	1019		10
1047	1020		11
1048	1021		12
1049	1022		13
1050	1023		14
1051	1024		15
1052	1025		16
1053	1026		17
1054	1027		18
1055	1028		19
1056	1029		20
1057	1030		21
1058	1031		22
1059	1032		23
1060	1033		24
1061	1034
1062	1035		37. “Pre-injury or equivalent job ” means the job that the
1063	1036		claimant was working for the employer at the time the injury
1064	1037		occurred or any other employment offered by th e claimant’s employer
1065	1038		that pays at least one hundred percent (100%) of the employ ee’s
1066	1039		average weekly wage;
1067	1040		38. “Private self-insurer” means a private employer that has
1068	1041		been authorized to self -insure its workers’ compensation obligations
1069	1042		pursuant to this act the Administrative Workers ’ Compensation Act,
1070	1043		but does not include group self -insurance associations authorized by
1071	1044		this act the Administrative Workers ’ Compensation Act, or any public
1072	1045		employer that self-insures pursuant to this act the Administrative
1073	1046		Workers’ Compensation Act;
1074	1047		39. “Prosthetic” means an artificial device used to rep lace a
1075	1048		part or joint of the body that is lost or injured in an accident or
1076	1049		illness covered by this act the Administrative Workers ’ Compensation
1077	1050		Act;
1078	1051		40. “Scheduled member” or “member” means hands, fingers, arms,
1079	1052		legs, feet, toes, and eyes. In addition, for purposes of the
1080	1053		Multiple Injury Trust Fund only, “scheduled member” scheduled member
1081	1054		means hearing impairment;
1082	1055		41. “Scientifically based ” involves the application of
1083	1056		rigorous, systematic, and objective procedures to obtain reliable
1084	1057		and valid knowledge relevant to medical testing, diagnoses and
1085	1058		treatment; is adequate to justify the general conclusions drawn; and
1086	1059
1087		-	SB1076 HFLR Page 22
1088		-	BOLD FACE denotes Committee Amendments. 1
	1060	+	ENGR. S. B. NO. 1076 Page 22 1
1089	1061		2
1090	1062		3
1091	1063		4
1092	1064		5
1093	1065		6
1094	1066		7
1095	1067		8
1096	1068		9
1097	1069		10
1098	1070		11
1099	1071		12
1100	1072		13
1101	1073		14
1102	1074		15
1103	1075		16
1104	1076		17
1105	1077		18
1106	1078		19
1107	1079		20
1108	1080		21
1109	1081		22
1110	1082		23
1111	1083		24
1112	1084
1113	1085		has been accepted by a peer -review journal or approved by a pan el of
1114	1086		independent experts through a comparably rigorous, objective, and
1115	1087		scientific review;
1116	1088		42. “State average weekly wage ” means the state average weekly
1117	1089		wage determined by the Oklahoma Employment Security Commission in
1118	1090		the preceding calendar year. If su ch determination is not
1119	1091		available, the Commission shall determine the wage annual ly after
1120	1092		reasonable investigation;
1121	1093		43. “Subcontractor” means a person, firm, corporation or other
1122	1094		legal entity hired by the general or prime contractor to perform a
1123	1095		specific task for the completion of a work -related activity;
1124	1096		44. “Surgery” does not include an injection, or the forcing of
1125	1097		fluids beneath the skin, for treatment or diagnosis;
1126	1098		45. “Surviving spouse” means the employee’s spouse by reason of
1127	1099		a legal marriage recog nized by the State of Oklahoma this state or
1128	1100		under the requirements of a common l aw marriage in this state, as
1129	1101		determined by the Oklahoma Workers’ Compensation Commission;
1130	1102		46. “Temporary partial disability ” means an injured employee
1131	1103		who is temporarily una ble to perform his or her job, but may perform
1132	1104		alternative work offered by the employer;
1133	1105		47. “Time of accident” or “date of accident” means the time or
1134	1106		date of the occurrence of the accidental incident from which
1135	1107		compensable injury, disability, or death r esults; and
1136	1108
1137		-	SB1076 HFLR Page 23
1138		-	BOLD FACE denotes Committee Amendments. 1
	1109	+	ENGR. S. B. NO. 1076 Page 23 1
1139	1110		2
1140	1111		3
1141	1112		4
1142	1113		5
1143	1114		6
1144	1115		7
1145	1116		8
1146	1117		9
1147	1118		10
1148	1119		11
1149	1120		12
1150	1121		13
1151	1122		14
1152	1123		15
1153	1124		16
1154	1125		17
1155	1126		18
1156	1127		19
1157	1128		20
1158	1129		21
1159	1130		22
1160	1131		23
1161	1132		24
1162	1133
1163	1134		48. “Wages” means money compensation received for employment at
1164	1135		the time of the accident, including the reasonable value of board,
1165	1136		rent, housing, lodging, or similar advantage received from the
1166	1137		employer and includes the amount of tips required to be reported by
1167	1138		the employer under Section 6053 of the Internal Revenue Code and the
1168	1139		regulations promulgated pursuant thereto or the amount of actual
1169	1140		tips reported, whichever amount is greater.
1170	1141		SECTION 2. This act shall become effective November 1, 2025.
	1142	+	Passed the Senate the 26th day of March, 2025.
1171	1143
1172		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY , dated
1173		-	04/17/2025 – DO PASS.
	1144	+
	1145	+
	1146	+	Presiding Officer of the Senate
	1147	+
	1148	+
	1149	+	Passed the House of Representatives the ____ day of __________,
	1150	+	2025.
	1151	+
	1152	+
	1153	+
	1154	+	Presiding Officer of the House
	1155	+	of Representatives
	1156	+