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

2. 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

3. 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”

4. 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?

5. 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

6. 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

7. 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?

8. 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?

9. 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

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

11. 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:

12. Consolidated Benefits Resources
1/28/2016
Consolidated Benefits Resources
Jerry Whorton, CEO Consolidated Benefits Resources (CBR) Phone: Richard Fisher, President Board Member, OSIA Phone: OSIA Workers’ Compensation Commission: Oklahoma Insurance Department: