Oklahoma Statutes
Title 85A. Administrative Workers' Compensation System
§85A-35. Obligation to pay.

A. 1. Every employer shall secure compensation as provided under this act to its employees for compensable injuries without regard to fault.

2. There shall be no liability for compensation under this act where the injury or death was substantially occasioned by the willful intention of the injured employee to bring about such compensable injury or death.
B. The primary obligation to pay compensation is on the employer, and the procurement of a policy of insurance by an employer to cover the obligation in respect to this act shall not relieve the employer of the obligation.
Added by Laws 2013, c. 208, § 35, eff. Feb. 1, 2014.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 85A. Administrative Workers' Compensation System

§85A-1. Short title - Administrative Workers' Compensation Act.

§85A-2. Definitions.

§85A-3. Applicability of act.

§85A-4. Severability.

§85A-5. Exclusive liability - Immunity.

§85A-6. Fraud.

§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-12. Preference.

§85A-13. Mental injury or illness.

§85A-14. Cardiovascular, coronary, pulmonary, respiratory, or cerebrovasculary accidents and myocardial infarctions.

§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-21. Officers - Quorum.

§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-29. Fees.

§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. Obligation to pay.

§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-41. Posted notice.

§85A-42. Required insurance policy provisions.

§85A-43. Liability Unaffected - Subrogation.

§85A-44. Reduction of benefits.

§85A-45. Temporary Total Disability - Temporary Partial Disability - Permanent Partial Disability - Permanent Total Disability.

§85A-46. Permanent partial disability schedule.

§85A-47. Beneficiaries in case of death.

§85A-48. Injury to minors.

§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-61. Hernias.

§85A-62. Nonsurgical soft tissue injury.

§85A-63. Reports.

§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-75. Depositions.

§85A-76. Witness fees.

§85A-77. Employment of attorneys.

§85A-78. Appeals process.

§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-83. Attorney signature.

§85A-84. Payment of compensation.

§85A-85. Clean claims.

§85A-86. Controversion of employee's right to claim compensation.

§85A-87. Settlement of claim.

§85A-88. Change of insurance carriers.

§85A-89. Advance payments.

§85A-90. Deposit or bond with commission.

§85A-91. Interest.

§85A-92. Notification of commission.

§85A-93. Investigation.

§85A-94. Incarcerated employees.

§85A-95. Deductibles.

§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-105. Compensation Commission and Self-insurance Guaranty Fund employees as witnesses - Solicitation of employment - Ex-parte communication.

§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-114. Prosthetic devices.

§85A-115. Joint Petition for settlement.

§85A-116. Awards for permanent disability.

§85A-117. Estoppel from denying employment.

§85A-118. Fees.

§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-123. Perjury.

§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-302. Notice.

§85A-303. Agreements governed by act.

§85A-304. Waiver.

§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-312. Disclosures.

§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-318. Pre-award ruling.

§85A-319. Record of the award.

§85A-320. Modification of awards.

§85A-321. Benefits - Attorney fees.

§85A-322. Judgments confirming the award.

§85A-323. Vacation of awards.

§85A-324. Modification of awards by Commission.

§85A-325. Judgment entered by Commission.

§85A-326. Exclusive jurisdiction.

§85A-327. Appeals.

§85A-328. Selection of court.

§85A-400. Workers' Compensation Court.

§85A-401. Workers' Compensation Court of Existing Claims Revolving Fund.

§85A-401.1. Workers' Compensation Administrative Fund.