A. Any claim for any benefit under this act shall be commenced with the filing of an Employee's First Notice of Claim for Compensation by the employee with the Workers' Compensation Commission. The claim shall contain a statement that all matters stated therein are true and accurate and shall be signed by the claimant and the claimant's agent, if any. Any person who signs this statement or causes another to sign this statement knowing the statement to be false shall be guilty of perjury. An individual who signs on behalf of a claimant may be presumed to have the authorization of the claimant and to be acting at the claimant's direction.
B. If an employer controverts any issue related to the Employee’s First Notice of Claim for Compensation, the employer shall file a Notice of Contested Issues on a form prescribed by the Commission. All answers and defenses to claims or other documents filed on behalf of a respondent or the respondent's insurer in a workers' compensation case shall contain a statement that all matters stated therein are true and accurate and shall be signed by the respondent, the insurer, or their respective agents, if any. Any person who signs such a statement or causes another to sign such a statement, knowing the statement to be false, shall be guilty of perjury. An individual who signs on behalf of a respondent, its insurer, or its agent may be presumed to have the authorization of the respondent, its insurer or agent and to be acting at their direction.
C. Any party shall have the right to request a prehearing conference or administrative hearing before the Commission on any issue. The Commission shall, within seven (7) days of the receipt of such notification, set the matter for prehearing conference or administrative hearing at the earliest available time. In the event the compensability of a claim is contested, the respondent shall complete discovery and secure a medical evaluation of the claimant within sixty (60) days of the filing of a request for benefits.
Added by Laws 2013, c. 208, § 154, eff. Feb. 1, 2014.
Structure Oklahoma Statutes
Title 85A. Administrative Workers' Compensation System
§85A-1. Short title - Administrative Workers' Compensation Act.
§85A-5. Exclusive liability - Immunity.
§85A-7. Discrimination or retaliation.
§85A-8. Agreement to waive compensation.
§85A-9. Agreements for employee to pay premium of employer.
§85A-10. Release or commutation - Liens against workers' compensation benefits.
§85A-11. Compensation of alien nonresidents.
§85A-13. Mental injury or illness.
§85A-16. Official Disability Guidelines - Treatment in Workers Compensation.
§85A-17. Physician Advisory Committee.
§85A-18. Notice to health care providers - Collection of fees.
§85A-19. Oklahoma Workers' Compensation Commission.
§85A-20. Power and authority of Commission.
§85A-22. Administration of act - Additional powers and duties.
§85A-23. Necessary traveling expenses.
§85A-24. Administrative report.
§85A-25. Annual publication of aggregate information.
§85A-26. Removal of commissioners.
§85A-27. Jurisdiction - Duties and powers of administrative judges.
§85A-28. Multiple Injury Trust Fund - Self-insurance Guaranty Fund.
§85A-28.1. Workers' Compensation Commission Revolving Fund.
§85A-30. Physically impaired persons - Adjudications of Multiple Injury Trust Fund claims.
§85A-31. Multiple Injury Trust Fund.
§85A-32. Permanent total disability awards.
§85A-33. Statute of limitations.
§85A-34. Administration of Multiple Injury Trust Fund - Standing.
§85A-35.1. Court reporter – Stenographic recording of settlements.
§85A-36. Liability other than immediate employer.
§85A-37. Waiver of exemption or exclusion.
§85A-38. Securing compensation.
§85A-39. Carrier discharging obligations.
§85A-40. Failure to secure compensation - Summary hearing - Penalties.
§85A-42. Required insurance policy provisions.
§85A-43. Liability Unaffected - Subrogation.
§85A-44. Reduction of benefits.
§85A-46. Permanent partial disability schedule.
§85A-47. Beneficiaries in case of death.
§85A-49. Temporary total disability and unemployment benefits.
§85A-50. Failure to provide medical treatment - Medical examination - Fee schedule - Formulary.
§85A-51. Payment of medical expenses.
§85A-52. Liability for non-compensable injury.
§85A-53. Physical examination.
§85A-54. Refusal to submit to surgery.
§85A-55. Unreasonable charges.
§85A-56. Certified workplace medical plans.
§85A-57. Failure to appear for scheduled appointments.
§85A-58. Copying of medical records.
§85A-59. Computation of average weekly wages.
§85A-60. Evaluation of permanent disability.
§85A-62. Nonsurgical soft tissue injury.
§85A-64. Certification of workplace medical plan.
§85A-65. Occupational disease.
§85A-66. Silicosis and asbestosis.
§85A-67. Notice of occupational disease or cumulative trauma.
§85A-68. Rebuttable presumption injury not work-related.
§85A-69. Statute of limitations.
§85A-70. Promulgation of rules.
§85A-71. Notice - Investigation and hearing - Evidence and construction.
§85A-72. Conduct of Hearing or Inquiry - Public hearings - Evidence.
§85A-73. Preservation and enforcement of orders.
§85A-74. Rebuttable presumptions.
§85A-77. Employment of attorneys.
§85A-79. Failure to comply with final compensation judgement.
§85A-80. Review of compensation judgments.
§85A-81. Commencing proceedings on unreasonable grounds.
§85A-82. Claims for legal services.
§85A-84. Payment of compensation.
§85A-86. Controversion of employee's right to claim compensation.
§85A-88. Change of insurance carriers.
§85A-90. Deposit or bond with commission.
§85A-92. Notification of commission.
§85A-94. Incarcerated employees.
§85A-96. Self-insurance Guaranty Fund Board.
§85A-97. Self-insurance Guaranty Fund.
§85A-98. Funds to be transferred to Self-insurance Guaranty Fund.
§85A-99. Impaired self-insurer.
§85A-100. Self-insurance Guaranty Fund Board as party to proceedings.
§85A-101. Report on number of claims - Electronic data interchange.
§85A-102. Pooled liabilities - Distribution of surplus.
§85A-103. Associations pooling liability.
§85A-104. Workers' Compensation Commission and Self-Insurance Guaranty Fund Board liability.
§85A-106. Strict construction.
§85A-107. Workers' compensation provided by public entities.
§85A-108. Dismissal of claims.
§85A-109. Workers' compensation counselor or ombudsmen program.
§85A-110. Alternative dispute resolution program.
§85A-111. Commencement of benefit claim - Prehearing conference.
§85A-112. Independent medical examiners.
§85A-113. Transfer of case management - Case managers.
§85A-115. Joint Petition for settlement.
§85A-116. Awards for permanent disability.
§85A-117. Estoppel from denying employment.
§85A-119. Copies of documents.
§85A-120. Inquiry about compensation claims.
§85A-121. Advisory Council on Workers' Compensation.
§85A-122. Costs of administering act.
§85A-124. Transfers from Workers' Compensation Court.
§85A-125. Computation of time.
§85A-300. Short title - Workers' Compensation Arbitration Act.
§85A-301. Arbitration agreements.
§85A-303. Agreements governed by act.
§85A-305. Application for judicial relief.
§85A-306. Agreement to submit to arbitration.
§85A-307. Refusal to arbitrate.
§85A-308. Judgement for provisional remedies.
§85A-309. Initiation of arbitration.
§85A-310. Consolidation of separate arbitration proceedings.
§85A-311. Method of appointing arbitrator.
§85A-313. Multiple arbitrators.
§85A-314. Immunity from civil liability.
§85A-315. Summary disposition - Notice of hearing - Right to be heard - Replacement arbitrator.
§85A-316. Payment of legal fees.
§85A-317. Subpoenas - Depositions - Discovery.
§85A-319. Record of the award.
§85A-320. Modification of awards.
§85A-321. Benefits - Attorney fees.
§85A-322. Judgments confirming the award.
§85A-324. Modification of awards by Commission.
§85A-325. Judgment entered by Commission.
§85A-326. Exclusive jurisdiction.
§85A-400. Workers' Compensation Court.
§85A-401. Workers' Compensation Court of Existing Claims Revolving Fund.