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WWW. EVANS - DIXON. COM Oklahoma Opt Out Provision Presented By: James Gallen Member (314) 552-4012

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Presentation on theme: "WWW. EVANS - DIXON. COM Oklahoma Opt Out Provision Presented By: James Gallen Member (314) 552-4012"— Presentation transcript:

1 WWW. EVANS - DIXON. COM Oklahoma Opt Out Provision Presented By: James Gallen Member (314)

2 WWW. EVANS - DIXON. COM Provide Proper Notice Establish a Written Benefit Plan

3 WWW. EVANS - DIXON. COM At the time of hire or time of designation as a qualified employer notice shall be given: That It Is A Qualified Employer That It Does Not Carry Workers Compensation Insurance Coverage and That Such Coverage Has Terminated Or Been Cancelled

4 WWW. EVANS - DIXON. COM The Benefit Plan shall provide for payment of the same forms of benefits included in the Administrative Workers' Compensation Act for temporary total disability temporary partial disability permanent partial disability vocational rehabilitation

5 WWW. EVANS - DIXON. COM permanent total disability, disfigurement, amputation or permanent total loss of use of a scheduled member, death and medical benefits as a result of an occupational injury,

6 WWW. EVANS - DIXON. COM on a no-fault basis, with the same statute of limitations, and with dollar, percentage, with the same statute of limitations, and with dollar, percentage, and duration limits that are at least equal to or greater than the dollar, percentage, and duration limits contained in Sections 45, 46 and 47 of this act.

7 WWW. EVANS - DIXON. COM The standards for determination of average weekly wage, death beneficiaries, and disability under the Administrative Workers' Compensation Act shall apply under the Oklahoma Employee Injury Benefit Act

8 WWW. EVANS - DIXON. COM No other provisions of W/C Act apply including: Definitions of covered injuries, medical management, dispute resolution or other process, funding, notices or penalties

9 WWW. EVANS - DIXON. COM May provide for lump-sum payouts that are, as reasonably determined by the administrator of such plan appointed by a qualified employer, actuarially equivalent to expected future payments

10 WWW. EVANS - DIXON. COM A Bargain Broken?

11 WWW. EVANS - DIXON. COM MISSOURI ALLIANCE FOR RETIRED AMERICANS, et al., vs. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, DIVISION OF WORKERS' COMPENSATION 277 S.W.3d 670; 2009 Mo. LEXIS 18; 28 I.E.R. Cas. (BNA) 1430 Florida Workers Advocates and Workers Injury Law Group vs. State of Florida Dade County Circuit Court


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