USCC Workers Comp 2024 - 106

106 | 2024 Analysis of Workers' Compensation Laws
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
Oklahoma
As of 2/1/14,
workers'
compensation
claims are
administered
by the Workers'
Compensation
Commission
(an executive
branch agency)
and the Workers'
Compensation
Court of Existing
Claims (a court
of record). The
Commission has
authority to hear
cases for injuries
occurring on and
after 2/1/14.
The Court has
authority to hear
cases for injuries
occurring before
2/1/14.
Oregon
Department
of Consumer
and Business
Services;
Workers'
Compensation
Division
Injury-written
or oral notice
within 30
days of injury.
Occupational
disease or
cumulative
trauma-
written or oral
notice within
30 days of
employee's
separation
from
employment.
Claim Filing
Single event injury or
cumulative trauma-within
one year of injury and is
barred unless the worker
receives TT or medical
within one year of the claim.
Death-within two years
of death. Occupational
disease-within two years
from last exposure. Silicosis
or asbestosis-within
one year of disablement.
Radiation-within two
years of awareness. If any
compensation, including
TT or medical, is paid on
account of injury, a claim for
additional compensation is
barred unless filed within
one year of the last payment
of disability compensation or
two years from the date of
injury, whichever is greater.
By agreement, mediation, or
Commission or Court order.
How Claims Are Settled Award Effect
Payment within
20 days except in
event of appeal.
Enforcement of
judgment in district
court upon motion to
certify.
Review by Agency
For cases subject to the
jurisdiction of the Court of
Existing Claims: by the Court
en banc (three-judge panel)
within 10 days or by Supreme
Court on direct appeal
within 20 days. For cases
subject to the jurisdiction
of the Commission: by
the Commission en banc
within 10 days, and appeal
thereafter to the Supreme
Court within 20 days of the en
banc order.
Modifications
Compensation judgments
may be reviewed
within six months of
termination of the compensation
period fixed
in the original award,
on the commission's
own motion, or on
application of a party in
interest, on the ground
of change in physical
condition or on proof of
erroneous wage rate. In
cases of occupational
disease or cumulative
trauma, on application
by a party in interest
for change of condition
or proof of fraud,
made within one year
from order denying compensation,
or if order
awarded compensation,
within two years from
the date of last payment
under the award.
In writing
within 90
days (one year
under specific
circumstances)
Injury-no time limit for
filing claim if timely notice
of accident is given to the
employer, but claim must
be filed within 90 days of a
health benefit plan denial.
Occupational disease
claim-by the later of: (a)
one year from date worker
discovered or should have
discovered the disease; or
(b) one year from date of
disability or date informed of
disability by a physician.
Accepted claims-closed by
insurer or claims disposition
agreement (claims disposition
agreement cannot release
right to medical benefits or
eligibility for the Preferred
Worker Program). Denied
claims may be appealed to
Workers' Compensation Board
or resolved by a disputed claim
settlement. Disputes-settled
by agreement, Workers'
Compensation Division, ALJ,
Workers' Compensation Board,
Court of Appeals, or Supreme
Court (matters of law only).
Payment by insurer
within 30 days or
after order except
where appeal stays
payment.
Appeal of claim denial is to
the Workers' Compensation
Board within 60 days.
Worker's appeal of claim
closure is to the Workers'
Compensation Division within
60 days of insurer notice of
closure. Insurer appeal of
claim closure is to the division
within seven days of notice of
closure and is limited to findings
used to rate impairment.
Division's appellate unit issues
Orders on Reconsideration of
disability awards within 18
days of request (60 additional
days if medical arbiter exam
or additional information
required). Appeal of Order
on Reconsideration is to
the Workers' Compensation
Board's Hearings Division
within 30 days; further appeal
to board within 30 days.
By Workers'
Compensation Division,
Board on application or
by stipulation of parties,
Court of Appeals, or
Supreme Court (matters
of law only)
Attorney's Fees
For injuries occurring on
or after 2/1/14, vocational
benefits must be requested
within 60 days of permanent
restrictions preventing the
employee from returning
to pre-injury or equivalent
job; duration of services
or training is limited to 52
weeks; TT equivalent benefits
during PT evaluation up to 52
weeks during participation in
retraining or job placement;
and Commission may order
vocational rehabilitation in
certain cases before MMI.
Awarded by Workers' Compensation
Division, Workers' Compensation
Board, or court, for
overturning denial or defending
benefits. Attorney fee awards
also include: 25% of increased
PPD; 25% of increased PTD
($20,000 maximum). 10% of
any increased compensation
due to reconsideration of claim
closure. Up to $4,797 (more if
extraordinary circumstances)
for prevailing in a dispute about
medical services or vocational
rehabilitation, or unreasonable
delay in, or refusal to pay,
compensation, attorney fees, or
costs. Reasonable fees if attorney
is instrumental in obtaining
reclassification of a claim from
nondisabling to disabling. $366
per hour for time spent during
mandatory interviews and
depositions.
USCC Workers Comp 2024

Table of Contents for the Digital Edition of USCC Workers Comp 2024
