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§85A-1. Short title - Administrative Workers' Compensation Act. - Sections 1 through 106 and 150 through 168 of this...
§85A-2. Definitions. - As used in the Administrative Workers' Compensation Act: 1. "Actually...
§85A-3. Applicability of act. - A. Every employer and every employee, unless otherwise specifically provided...
§85A-4. Severability. - A. If any part of this act be decided by...
§85A-5. Exclusive liability - Immunity. - A. The rights and remedies granted to an employee subject...
§85A-6. Fraud. - A. 1. a.Any person or entity who makes any material...
§85A-7. Discrimination or retaliation. - A. An employer may not retaliate against an employee when...
§85A-8. Agreement to waive compensation. - A. No agreement by an employee to waive his or...
§85A-9. Agreements for employee to pay premium of employer. - No agreement by an employee to pay any portion of...
§85A-10. Release or commutation - Liens against workers' compensation benefits. - A. The right to any claim, benefit or compensation shall...
§85A-11. Compensation of alien nonresidents. - Compensation to alien nonresidents of the United States or Canada...
§85A-12. Preference. - Compensation due an injured employee or his or her dependents...
§85A-13. Mental injury or illness. - A. 1. A mental injury or illness is not a...
§85A-14. Cardiovascular, coronary, pulmonary, respiratory, or cerebrovasculary accidents and myocardial infarctions. - A. A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or...
§85A-16. Official Disability Guidelines - Treatment in Workers Compensation. - A. The Official Disability Guidelines - Treatment in Workers Compensation...
§85A-17. Physician Advisory Committee. - A. There is hereby created a Physician Advisory Committee comprised...
§85A-18. Notice to health care providers - Collection of fees. - A. No hospital, physician, or other health care provider shall...
§85A-19. Oklahoma Workers' Compensation Commission. - A. There is hereby created the Oklahoma Workers' Compensation Commission,...
§85A-20. Power and authority of Commission. - A. In addition to its other duties and powers, the...
§85A-21. Officers - Quorum. - A. Commissioners shall be considered officers and shall take the...
§85A-22. Administration of act - Additional powers and duties. - A. 1. For the purpose of administering the provisions of...
§85A-23. Necessary traveling expenses. - Any commissioner or employee of the Commission shall be entitled...
§85A-24. Administrative report. - On or before the first day of the regular session...
§85A-25. Annual publication of aggregate information. - The Commission shall publish annually, on an aggregate basis, information...
§85A-26. Removal of commissioners. - The Governor may, at any time, remove any commissioner for...
§85A-27. Jurisdiction - Duties and powers of administrative judges. - A. The Workers' Compensation Commission shall be vested with jurisdiction...
§85A-28. Multiple Injury Trust Fund - Self-insurance Guaranty Fund. - A. There are established within the Office of the State...
§85A-28.1. Workers' Compensation Commission Revolving Fund. - There is hereby created in the State Treasury a revolving...
§85A-29. Fees. - A. Each carrier writing compensation insurance in this state shall...
§85A-30. Physically impaired persons - Adjudications of Multiple Injury Trust Fund claims. - A. For the purposes of Sections 31 through 35 of...
§85A-31. Multiple Injury Trust Fund. - A. The Multiple Injury Trust Fund shall be derived from...
§85A-32. Permanent total disability awards. - A. If an employee who is a "physically impaired person"...
§85A-33. Statute of limitations. - A. The right to claim compensation for benefits from the...
§85A-34. Administration of Multiple Injury Trust Fund - Standing. - A. The MITF Director shall be charged with the administration...
§85A-35. Obligation to pay. - A. 1. Every employer shall secure compensation as provided under...
§85A-35.1. Court reporter – Stenographic recording of settlements. - A court reporter employed by or contracted by the Workers'...
§85A-36. Liability other than immediate employer. - A. If a subcontractor fails to secure compensation required by...
§85A-37. Waiver of exemption or exclusion. - A. Any employer engaging in any exempted or excepted employment...
§85A-38. Securing compensation. - A. An employer shall secure compensation to employees under this...
§85A-39. Carrier discharging obligations. - A. In order that the liability for compensation may be...
§85A-40. Failure to secure compensation - Summary hearing - Penalties. - A. 1. Any employer who fails to secure compensation required...
§85A-41. Posted notice. - A. Every employer who has secured compensation under the provisions...
§85A-42. Required insurance policy provisions. - A. Contents. Every policy or contract of insurance issued by...
§85A-43. Liability Unaffected - Subrogation. - A. Liability Unaffected. 1.a.The making of a claim for compensation...
§85A-44. Reduction of benefits. - A. Any benefits payable to an injured employee under this...
§85A-45. Temporary Total Disability - Temporary Partial Disability - Permanent Partial Disability - Permanent Total Disability. - A. Temporary Total Disability. 1. If the injured employee is...
§85A-46. Permanent partial disability schedule. - A. An injured employee who is entitled to receive permanent...
§85A-47. Beneficiaries in case of death. - A. Time of death. If death does not result within...
§85A-48. Injury to minors. - When an injury or death is sustained by a minor...
§85A-49. Temporary total disability and unemployment benefits. - Notwithstanding any other provision of this act, no compensation for...
§85A-50. Failure to provide medical treatment - Medical examination - Fee schedule - Formulary. - A. The employer shall promptly provide an injured employee with...
§85A-51. Payment of medical expenses. - The employer shall pay one hundred percent (100%) of the...
§85A-52. Liability for non-compensable injury. - The employer shall not be liable for any of the...
§85A-53. Physical examination. - A. An injured employee claiming to be entitled to benefits...
§85A-54. Refusal to submit to surgery. - Except in cases of hernia, which are specifically covered by...
§85A-55. Unreasonable charges. - A. If an employer or carrier believes that a charge...
§85A-56. Certified workplace medical plans. - A. If the employer has previously contracted with a certified...
§85A-57. Failure to appear for scheduled appointments. - A. If an injured employee misses two or more scheduled...
§85A-58. Copying of medical records. - A. 1. Every hospital or other person furnishing the injured...
§85A-59. Computation of average weekly wages. - A. 1. Compensation under this act based on the employee's...
§85A-60. Evaluation of permanent disability. - The Physician Advisory Committee may recommend the adoption of a...
§85A-61. Hernias. - A. A hernia is not a compensable injury unless the...
§85A-62. Nonsurgical soft tissue injury. - A. Notwithstanding the provisions of Section 45 of this title,...
§85A-63. Reports. - A. Within ten (10) days after the date of receipt...
§85A-64. Certification of workplace medical plan. - A. Any person or entity may make written application to...
§85A-65. Occupational disease. - A. If an employee suffers from an occupational disease as...
§85A-66. Silicosis and asbestosis. - A. As used in this act, unless the context otherwise...
§85A-67. Notice of occupational disease or cumulative trauma. - A. Except as otherwise provided in this section, notice of...
§85A-68. Rebuttable presumption injury not work-related. - A. Unless an employee gives oral or written notice to...
§85A-69. Statute of limitations. - A. Time for Filing. 1. A claim for benefits under...
§85A-70. Promulgation of rules. - The Commission is authorized and directed to promulgate rules to...
§85A-71. Notice - Investigation and hearing - Evidence and construction. - A. Notice. Within ten (10) days after a claim for...
§85A-72. Conduct of Hearing or Inquiry - Public hearings - Evidence. - A. Conduct of Hearing or Inquiry. 1. In making an...
§85A-73. Preservation and enforcement of orders. - A. The Commission shall have the power to preserve and...
§85A-74. Rebuttable presumptions. - In any proceeding for the enforcement of a claim for...
§85A-75. Depositions. - The Commission may cause depositions of witnesses to be taken...
§85A-76. Witness fees. - Each witness who appears in obedience to a subpoena shall...
§85A-77. Employment of attorneys. - If the Commission is a party to or is otherwise...
§85A-78. Appeals process. - A. Any party feeling aggrieved by the judgment, decision, or...
§85A-79. Failure to comply with final compensation judgement. - If any employer fails to comply with a final compensation...
§85A-80. Review of compensation judgments. - A. A final order for permanent disability is a final...
§85A-81. Commencing proceedings on unreasonable grounds. - If the court having jurisdiction over the claim or compensation...
§85A-82. Claims for legal services. - A. 1. a.Each party shall be responsible for its legal...
§85A-83. Attorney signature. - A. 1. Every claim, request for benefits, controversion of benefits,...
§85A-84. Payment of compensation. - A. Compensation shall be paid by check, by electronic funds...
§85A-85. Clean claims. - Clean claims for services rendered under this act are payable...
§85A-86. Controversion of employee's right to claim compensation. - A. 1. Each employer desiring to controvert an employee's right...
§85A-87. Settlement of claim. - If the employer or carrier and the injured employee desire...
§85A-88. Change of insurance carriers. - A. In any case where an employer changes insurance carriers...
§85A-89. Advance payments. - If the employer has made advance payments for compensation, the...
§85A-90. Deposit or bond with commission. - The Workers' Compensation Commission may require any employer to make...
§85A-91. Interest. - Compensation shall bear interest pursuant to Section 727.1 of Title...
§85A-92. Notification of commission. - A. On making the first payment and on suspension of...
§85A-93. Investigation. - On its own initiative at any time that compensation payments...
§85A-94. Incarcerated employees. - An employee who is incarcerated shall not be eligible to...
§85A-95. Deductibles. - A. On approval by the Insurance Commissioner, and following the...
§85A-96. Self-insurance Guaranty Fund Board. - A. The Self-insurance Guaranty Fund shall be administered, supervised and...
§85A-97. Self-insurance Guaranty Fund. - A. The Self-insurance Guaranty Fund shall be for the purpose...
§85A-98. Funds to be transferred to Self-insurance Guaranty Fund. - The Self-insurance Guaranty Fund shall be derived from the following...
§85A-99. Impaired self-insurer. - A. On determination by the Workers' Compensation Commission that a...
§85A-100. Self-insurance Guaranty Fund Board as party to proceedings. - A. The Self-insurance Guaranty Fund Board shall be a party...
§85A-101. Report on number of claims - Electronic data interchange. - A. On or before the first day of July each...
§85A-102. Pooled liabilities - Distribution of surplus. - A. The Workers' Compensation Commission shall adopt rules permitting two...
§85A-103. Associations pooling liability. - The Workers' Compensation Commission shall adopt rules permitting two or...
§85A-104. Workers' Compensation Commission and Self-Insurance Guaranty Fund Board liability. - No member or personnel of the Workers' Compensation Commission, the...
§85A-105. Compensation Commission and Self-insurance Guaranty Fund employees as witnesses - Solicitation of employment - Ex-parte communication. - A. No employee of the Workers' Compensation Commission shall be...
§85A-106. Strict construction. - The provisions of the Administrative Workers' Compensation Act shall be...
§85A-107. Workers' compensation provided by public entities. - A. 1. All public entities of this state, their agencies...
§85A-108. Dismissal of claims. - Any claimant may, upon the payment of the Workers' Compensation...
§85A-109. Workers' compensation counselor or ombudsmen program. - A. The Workers' Compensation Commission shall establish a workers' compensation...
§85A-110. Alternative dispute resolution program. - A. The Workers' Compensation Commission shall develop an alternative dispute...
§85A-111. Commencement of benefit claim - Prehearing conference. - A. Any claim for any benefit under this act shall...
§85A-112. Independent medical examiners. - A. The Workers' Compensation Commission shall create, maintain and review...
§85A-113. Transfer of case management - Case managers. - For cases not covered by a certified workplace medical plan,...
§85A-114. Prosthetic devices. - When a compensable injury results in the loss of one...
§85A-115. Joint Petition for settlement. - A. If the employee and employer shall reach an agreement...
§85A-116. Awards for permanent disability. - A. Awards for permanent partial disability shall be made pursuant...
§85A-117. Estoppel from denying employment. - Every employer and insurance carrier who schedules any employee as...
§85A-118. Fees. - A. A filing fee of One Hundred Forty Dollars ($140.00)...
§85A-119. Copies of documents. - A. Persons requesting and receiving copies of documents on file...
§85A-120. Inquiry about compensation claims. - A. Except as otherwise provided by state or federal law...
§85A-121. Advisory Council on Workers' Compensation. - A. There is hereby created an Advisory Council on Workers'...
§85A-122. Costs of administering act. - A. The Workers' Compensation Commission Revolving Fund established by Section...
§85A-123. Perjury. - Any form, claim, answer or report to be filed by...
§85A-124. Transfers from Workers' Compensation Court. - A. 1. All unexpended funds, assets, property, records, personnel and...
§85A-125. Computation of time. - The time within which an act is to be done,...
§85A-300. Short title - Workers' Compensation Arbitration Act. - Sections 300 through 328 of this title shall be known...
§85A-301. Arbitration agreements. - All agreements to arbitrate claims for injuries covered by the...
§85A-302. Notice. - A. Except as otherwise provided in the Workers' Compensation Arbitration...
§85A-303. Agreements governed by act. - The Workers' Compensation Arbitration Act governs an agreement to arbitrate...
§85A-304. Waiver. - A. Except as otherwise provided in subsections B and C...
§85A-305. Application for judicial relief. - A. Except as otherwise provided in Section 107 of this...
§85A-306. Agreement to submit to arbitration. - A. A written agreement to submit any existing or subsequent...
§85A-307. Refusal to arbitrate. - A. On application and motion of a person showing an...
§85A-308. Judgement for provisional remedies. - A. Before an arbitrator is appointed and authorized to act,...
§85A-309. Initiation of arbitration. - A. A person shall initiate an arbitration proceeding by giving...
§85A-310. Consolidation of separate arbitration proceedings. - A. Except as otherwise provided in subsection C of this...
§85A-311. Method of appointing arbitrator. - A. If the parties to an arbitration agreement agree on...
§85A-312. Disclosures. - A. Before accepting appointment, an individual who is requested to...
§85A-313. Multiple arbitrators. - If there is more than one arbitrator, the powers of...
§85A-314. Immunity from civil liability. - A. Arbitrators and arbitration organizations providing services under this act...
§85A-315. Summary disposition - Notice of hearing - Right to be heard - Replacement arbitrator. - A. Arbitrations shall be conducted in a fair and expeditious...
§85A-316. Payment of legal fees. - A. A party to an arbitration proceeding may be represented...
§85A-317. Subpoenas - Depositions - Discovery. - A. An arbitrator may issue a subpoena for the attendance...
§85A-318. Pre-award ruling. - If an arbitrator makes a pre-award ruling in favor of...
§85A-319. Record of the award. - A. An arbitrator shall make a record of the award....
§85A-320. Modification of awards. - A. On motion by a party to an arbitration proceeding,...
§85A-321. Benefits - Attorney fees. - A. An arbitrator may award benefits set forth in Sections...
§85A-322. Judgments confirming the award. - After a party to an arbitration proceeding receives notice of...
§85A-323. Vacation of awards. - A. On an application and motion to the court by...
§85A-324. Modification of awards by Commission. - A. On application and motion made within thirty (30) days...
§85A-325. Judgment entered by Commission. - A. On granting a motion to confirm or vacate an...
§85A-326. Exclusive jurisdiction. - The Commission has exclusive jurisdiction to enforce and enter judgment...
§85A-327. Appeals. - A party may appeal the following actions to the district...
§85A-328. Selection of court. - An application and motion under judicial review of a judgment...
§85A-400. Workers' Compensation Court. - A. The Workers' Compensation Court shall be renamed the Workers'...
§85A-401. Workers' Compensation Court of Existing Claims Revolving Fund. - There is hereby created in the State Treasury a revolving...
§85A-401.1. Workers' Compensation Administrative Fund. - There is hereby created in the State Treasury a revolving...