2019 Analysis of Workers' Compensation Laws - 104

Chart XI-Administration: Notice to Employer and Claims, cont.

104 | 2019 Analysis of Workers' Compensation Laws

Jurisdiction

Administration

Oklahoma

Beginning
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.

Notice to
Employer
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

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

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.

Payment within
20 days except in
event of appeal.
Enforcement of
judgment in district
court upon motion to
certify.

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.

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.

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.
2019 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2019 Analysis of Workers' Compensation Laws
