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Oklahoma's Administrative Workers' Compensation System: Overview and Implementation

The Oklahoma Workers' Compensation Court has been replaced by an administrative system with opt-out provisions for claims filed on or after February 1, 2014. Employers now have choices of administrative, arbitration, or opt-out benefit plan options. The overhaul aims for efficiency, proper medical treatment, and quicker compensation. Learn about the new Administrative Workers' Compensation Act, its structure, powers of the commission, administrative law judges, claims notification process, and appeals. Stay informed about the changes in Oklahoma's workers' comp system.

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Oklahoma's Administrative Workers' Compensation System: Overview and Implementation

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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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