2020 Analysis of Workers' Compensation Laws - 106

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

106 | 2020 Analysis of Workers' Compensation Laws

Jurisdiction

Administration

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

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

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.

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.

In writing
within 90 days

Injury-within 90 days
from the accident or a
denial from a health benefit
plan (one year under
specific circumstances).
Occupational disease-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 a medical arbiter exam
or additional information
required). Appeal on 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)

Subject to approval of Workers'
Compensation Division,
Workers' Compensation Board,
or court, attorney fee awards
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 $4,582 (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.
$27532 per hour for time spent
during mandatory interviews
and depositions.
2020 Analysis of Workers' Compensation Laws

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