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Overview

Overview. Oklahoma Workers’ Compensation Court replaced by administrative system with opt-out provision Applies to claims filed on or after February 1, 2014 Employers must select at least one option: Administrative Arbitration

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Overview

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  1. Overview • Oklahoma Workers’ Compensation Court replaced by administrative system with opt-out provision • Applies to claims filed on or after February 1, 2014 • Employers must select at least one option: • Administrative • Arbitration • Opt-out benefit plan (certified medical plan)

  2. Why overhaul Oklahoma’s workers’ comp system? • More efficient and less adversarial • Receive proper medical treatment and compensation in a more timely manner • Greater flexibility – the potential opportunity to save money – by providing employers with options

  3. Administrative Workers’ Compensation Act

  4. Administrative Structure • Replaces court system with an administrative system governed by a three-member Commission • Appointed by Governor with input from Speaker of the House and Senate President Pro Tem • Must have been involved in workers’ comp for at least three years

  5. Commission Powers • Appoints administrative law judges to administer system • Must have at least three years of workers’ comp experience • Can review cases when requested by an employer, injured employee or insurer • Investigate, hold hearings, and take any proper action to protect rights of parties

  6. Administrative Law Judges • Hear and determine claims • No formal rules of evidence • Parties must present medical evidence • Employee bears burden of proof • Judgment based on preponderance of evidence • Hear challenges to arbitration agreements • File judgments with Commission

  7. Claims Notification Process • Employee files First Notice of Claim with Commission • Commission notifies employer within 10 days of claim being filed • Employer files Notice of Contested Issues if employer disputes any issue • Commission assigns case to ALJ • If disputed, 60 days for discovery and medical evaluation • Parties given 10 days notice for hearing

  8. Appeals Process • 10 days to appeal ALJ decision to Commission, which can modify or change ALJ decision • 20 days to appeal Commission decision to Oklahoma Supreme Court • Within six months, Commission can review any judgment, award or decision (except where joint petition settlement has been approved)

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