Title 85A — Title 85A — Workers' Compensation

A. Commissioners shall be considered officers and shall take the oath prescribed by the Oklahoma Constitution and the laws of this state. B. 1. A majority of the Workers' Compensation Commission shall constitute a quorum for the transaction of business, and vacancies shall not im…

2019.

2019.

2019.

2019.

A. 1. For the purpose of administering the provisions of this title, the Workers' Compensation Commission is authorized: a. to make rules necessary for the administration and operation of the Commission, b. to appoint and fix the compensation of temporary technical assistants, me…

Any commissioner or employee of the Commission shall be entitled to receive his or her necessary traveling expenses as provided in the State Travel Reimbursement Act. The expenses shall be certified by the person who incurred them and shall be allowed and paid on presentation of …

On or before the first day of the regular session of the Legislature, the Commission shall submit to the Governor and the Legislature a report of the administration of this act for the preceding biennial period, together with such recommendations as the Commission may deem advisa…

The Commission shall publish annually, on an aggregate basis, information pertaining to the distribution of workers' compensation insurance premiums, losses, expenses, and net income to be compiled from reports required to be filed with the Insurance Commissioner or any similar i…

The Governor may, at any time, remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving him or her in advance a copy of the charges preferred and an opportunity to be heard by a three-person panel consisting of the Insurance Commissioner, the Lie…

A. The Workers' Compensation Commission shall be vested with jurisdiction over all claims filed pursuant to the Administrative Workers' Compensation Act. All claims so filed shall be heard by the administrative law judge sitting without a jury. The Commission shall have full powe…

A. There are established within the Office of the State Treasurer two separate funds: 1. The "Multiple Injury Trust Fund"; and 2. The "Self-insurance Guaranty Fund". B. Except as provided in Section 97 of this title, no money shall be appropriated from these funds for any purpose…

There is hereby created in the State Treasury a revolving fund for the Workers' Compensation Commission to be designated the "Workers' Compensation Commission Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all mo…

A. Each carrier writing compensation insurance in this state shall pay to the Workers' Compensation Commission an annual fee of One Thousand Dollars ($1,000.00). B. Each self-insurer shall pay to the Commission an annual application fee of One Thousand Dollars ($1,000.00). C. Eac…

As used in the Administrative Workers’ Compensation Act: 1. “Actually dependent” means a surviving spouse, a child or any other person who receives one-half (1/2) or more of his or her support from the employee; 2. “Carrier” means any stock company, mutual company, or reciprocal …

As used in the Administrative Workers’ Compensation Act: 1. “Actually dependent” means a surviving spouse, a child or any other person who receives one-half (1/2) or more of his or her support from the employee; 2. “Carrier” means any stock company, mutual company, or reciprocal …

A. Every employer and every employee, unless otherwise specifically provided in this act, shall be subject and bound to the provisions of the Administrative Workers' Compensation Act and every employer shall pay or provide benefits according to the provisions of this act for the …

Injury Trust Fund claims. A. For the purposes of Sections 31 through 35 of this title, the term "physically impaired person" means a person who, as a result of accident, disease, birth, military action, or any other cause, has suffered: 1. The loss of the sight of one eye; 2. The…

Sections 300 through 328 of this title shall be known and may be cited as the "Workers' Compensation Arbitration Act". Added by Laws 2013, c. 208, § 121, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 42, emerg. eff. May 28, 2019.

All agreements to arbitrate claims for injuries covered by the Administrative Workers' Compensation Act shall be valid and enforceable in this state when: 1. The employer provides notice of the existence of an agreement to arbitrate to both the employee and the employer's workers…

A. Except as otherwise provided in the Workers' Compensation Arbitration Act, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. B. …

The Workers' Compensation Arbitration Act governs an agreement to arbitrate made on or after February 1, 2014. The Workers' Compensation Arbitration Act governs an agreement to arbitrate made before February 1, 2014, if all the parties to the agreement or to the arbitration proce…

A. Except as otherwise provided in subsections B and C of this section and in the laws of this state outside of this title, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this act to the e…

A. Except as otherwise provided in Section 107 of this title, an application for judicial relief under this act shall be made by application and motion to the Workers' Compensation Commission and heard in the manner provided by law or rule of the Commission for making and hearing…

A. A written agreement to submit any existing or subsequent controversy arising between the parties to arbitration is valid, enforceable, and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. B. An arbitrator shall decide whether a c…

A. On application and motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement: 1. If the refusing party does not appear or does not oppose the motion, the Workers' Compensation Commission shall order the parties …

A. Before an arbitrator is appointed and authorized to act, the Commission, on application and motion of a party to an arbitration proceeding and for good cause shown, may enter a judgment for provisional remedies to protect the effectiveness of the arbitration proceeding to the …

A. A person shall initiate an arbitration proceeding by giving written notice to the Commission and the other parties to the arbitration agreement. Notice shall be served on the parties in the manner prescribed by the arbitration agreement, or, if the arbitration agreement does n…

A. The Multiple Injury Trust Fund shall be derived from the following additional sources: 1. As soon as practicable after January 1 of each year, the commissioners of the Workers' Compensation Commission shall establish an assessment rate applicable to each mutual or interinsuran…

A. Except as otherwise provided in subsection C of this section, on application and motion of a party to an arbitration agreement or arbitration proceeding, the Commission may order consolidation of separate arbitration proceedings as to all or some of the claims if: 1. There are…

A. If the parties to an arbitration agreement agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a su…

A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to the parties to the arbitration agreement, the parties to the arbitration proceeding, and any other arbitrators any known facts that a re…

If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Section 315 of this title. Added by Laws 2013, c. 208, § 134, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § …

A. Arbitrators and arbitration organizations providing services under this act are immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. B. The immunity afforded by this section supplements any immunity under other law. …

heard - Replacement arbitrator. A. Arbitrations shall be conducted in a fair and expeditious manner. The authority conferred on arbitrators includes, without limitation, the power to hold conferences and hearings with the parties, determine the admissibility, relevance, materiali…

A. A party to an arbitration proceeding may be represented by a lawyer. B. Each party shall be responsible for payment of his or her legal fees incurred during arbitration, except as provided for in Section 321 of this title. C. The employee's attorney may not recover legal fees …

A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena shall be served in the manner for service of subpoenas in a civil action and, upon application and motion…

If an arbitrator makes a pre-award ruling in favor of a party, the party may request the arbitrator to incorporate the ruling into an award under Section 319 of this title. A prevailing party may make an application and motion to the Commission for an expedited judgment to confir…

A. An arbitrator shall make a record of the award. The award may contain the evidence and conclusion upon which the award was based unless the agreement of the parties specifies the type of award to be issued. The record shall be signed or otherwise authenticated by any arbitrato…

A. If an employee who is a "physically impaired person" receives an accidental personal injury compensable under the Administrative Workers' Compensation Act which results in additional permanent disability so that the degree of disability caused by the combination of both disabi…

A. On motion by a party to an arbitration proceeding, the arbitrator may modify or correct an award: 1. On a ground stated in paragraph 1 or 3 of subsection A of Section 324 of this title; 2. Because the arbitrator has not made a final and definite award upon a claim submitted by…

A. An arbitrator may award benefits set forth in Sections 45, 46, 47 and 51 of this title. B. An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if the arbitrator finds that a party was not acting in good faith throughout the arbitration…

After a party to an arbitration proceeding receives notice of an award, the party may make an application and motion to the Workers' Compensation Commission for a judgment confirming the award at which time the Commission shall issue a confirming judgment unless the award is modi…

A. On an application and motion to the court by a party to an arbitration proceeding, the Workers' Compensation Commission shall vacate an award made in the arbitration proceeding if: 1. The award was procured by corruption, fraud, or other undue means; 2. There was: a. evident p…

A. On application and motion made within thirty (30) days after movant receives notice of the award or within thirty (30) days after the movant receives notice of a modified or corrected award, the Commission shall modify or correct the award if: 1. There was an evident mathemati…

A. On granting a motion to confirm or vacate an order, the Commission shall enter a judgment in conformity therewith. The judgment may be recorded, docketed and enforced as any other judgment in its jurisdiction. B. On application of a prevailing party, the Commission may award r…

The Commission has exclusive jurisdiction to enforce and enter judgment confirming, vacating, correcting or modifying an award under this act. Added by Laws 2013, c. 208, § 147, eff. Feb. 1, 2014.

A party may appeal the following actions to the district court as provided in Section 328 of this title: 1. An order denying a motion to compel arbitration; 2. An order granting a motion to stay arbitration; 3. An order confirming or denying confirmation of an award; 4. An order …

An application and motion under judicial review of a judgment or award entered by the Commission under this act shall be made in the district court in the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, …

A. The right to claim compensation for benefits from the Multiple Injury Trust Fund shall be forever barred unless a Notice of Claim, on a form prescribed by the Workers' Compensation Commission, shall be filed with the Commission within one (1) year of the date of the last order…