An Evaluation of current workers’ compensation commission forms Richard M. Fisher, President Consolidated Benefits Resources

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources Overview Commission is now 2 years old Litigation rates and PPD costs are considerably lower than in 2013 Resolution of litigated claims is not expedient Confusion on Form use prevalent Current Forms are being evaluated by Commission for necessity, usage and clarification

List of Forms for Today’s Discussion 1/28/2016 Consolidated Benefits Resources List of Forms for Today’s Discussion CC-Form 2 “Employer’s First Notice of Injury” CC-Form 2A “Employer’s Intent to Controvert Claim” CC-Form 2A Extension “Request for time to file 2A” CC-Form 3C “Employee’s claim of Retaliation” CC-Form 4 “Report of Compensation Paid” CC-Form A “Claimant’s Application for Change of Physician”

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources CC- Form 2 Employer’s notice of injury form to insurance carrier and to the Commission. Required after 3 days missed time away from work. Old Form 2 was required for all OTJ injuries, including medical only claims. Year to year comparisons not possible with new format. Future possibilities: No longer required?

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources CC-Form 2A (proposed) Past: report in 15 days if lost time claim, whether claim was accepted and TTD started or claim denied Proposed: Report only when claim is denied (controverted) Form needs further revision if to be used solely for controversion, such as taking away non-relevant compensation section File an amended Form if position changes

CC-Form 2A Extension (proposed) 1/28/2016 Consolidated Benefits Resources CC-Form 2A Extension (proposed) Past: File if a 2A could not be filed in 15 days Proposed: File if employer needs more than 15 days to decide whether to controvert Will give employer an additional 30 days to complete investigation

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources CC-Form 3C (proposed) Claim for discrimination or retaliation not typically covered by workers’ comp policy Workers’ Compensation hearings being delayed sorting through the applicable parties Commission responded by removing Comp Insurance carrier field from future filings Claim will be sent to employer, and employer will notify the proper carrier if any No carrier, employer will need to hire representation, who will file a CC-Form 10c Is there a better way to handle this administratively?

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources CC-Form 4 (proposed) Past: Required when TTD payments were stopped, or a file was closed Proposed: Only file when a file is closed Issues: What defines “closed”? Permanent closure, or administratively closed? What is the purpose of Form? Are their alternate ways to get Commission the information they seek?

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources CC-Form-A Used by claimant to get one change of physician per body part, as allowed by Statute Source of needless litigation. Many claims have litigated because there is no form for non-litigated cases. A better solution is to create a new form, approved by a Counselor, which grants the claimant their change of physician, without the need to hire an attorney, and claimant cannot get a third by litigating

Commission’s Declaratory Ruling on 2A 1/28/2016 Consolidated Benefits Resources Commission’s Declaratory Ruling on 2A

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources Public Hearing Open Hearing on proposed Rule Changes and Form Changes is on February 18th Comments can be submitted to Commission by February 16th Opportunity for Self-Insured Employers to have an active voice on the future functioning of the Commission Commission link for Rule changes is: www.ok.gov/wcc/About_the_Commission/Governing_Documents/index.html

Consolidated Benefits Resources 1/28/2016 Consolidated Benefits Resources Jerry Whorton, CEO Consolidated Benefits Resources (CBR) Email: jwhorton@cbremail.com Phone: 405-210-6002 Richard Fisher, President Board Member, OSIA Email: rfisher@cbremail.com Phone: 405-715-5033 OSIA E-Mail: OSIA@oklahomaselfinsurers.com Workers’ Compensation Commission: www.ok.gov/wcc Oklahoma Insurance Department: www.ok.gov/oid