An Overhaul of Oklahoma’s Workers Compensation System

 Administrative Workers Compensation Act  Workers Compensation Arbitration Act  Oklahoma Employee Injury Benefit Act

 Replaces Court System w/3 person Commission;  Appointed by Governor  3 years WC experience  Create Rules  Drive the Program  Appoint ALJs  Commission can: Review cases when requested; Hold hearings & Investigate Cases; Hear & Approve Compromise Settlements;  Hear Medical Cases;  Appoint Mediators

 Employee files 1 st Notice of Claim w/Commission;  Commission notifies employer within 10 days of claim;  Employer files Notice of Contested Issues;  Commission assigns case to ALJ;  60 Days for Discovery & Med. Eval.;  Parties given 10 days notice of hearing;  10 days right of appeal to Commission;  20 days right of appeal to SC

 9-Member Advisory Committee;  3 Appointments each by Governor, Speaker of the House, and Senate President

 Compensable Injury;  Course and Scope of Employment;  Cumulative Trauma;  Major Cause

 Temporary Total Disability;  Temporary Partial Disability;  ‘Permanent Partial Disability;  Employer Right to Choose Treating Physician;  Limitations on Recovery

 Allows Employers to Implement Alternative Dispute Resolution Program;  Must be Filed with and Approved by the Commission;  Allows Employer to Tailor a System to Meet its Needs;  Party Initiations Proceeding w/written Notice to Commission;  Parties Agree to Arbitrator/Comm. Appt.

 Parties May Be Represented by Attorney;  Employer Pays Cost of Arbitration;  Arbitrator Makes a Reward, but May Be Vacated by Commission if Fraud by Any Party Involved, Misconduct by Arbitrator, or Other Specified Reasons;  Commission Can Modify Arbitrator’s Decision

 Oklahoma Option – Unlike Texas – Employers Cannot Go Bare – Must Carry WC, Use Arbitration, or OEIB;  Employers Must Cover Occupational Injuries to Payment of the Same Form of Benefits included in Administrative Act;  Federal ERISA Laws Generally Govern Benefit Plan Established;

 Exclusive Remedy Provisions Apply;  Injured Employee May Challenge Plan’s Final Decision by Appeal to Commission or in Federal Court;  Dissatisfied Party May Bring Suit to Recover Benefits Only AFTER Plan’s Administrative Procedures Have Been Exhausted;

 Little, if Any Discovery – And No Trial;  Greater Control, Flexibility, and Accuracy of Claims Process by Employer

 Go to for more information about the new system.