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STATE OF OKLAHOMA1st Session of the 53rd Legislature (2011)HOUSE BILL 1224By:McCulloughAS INTRODUCEDAn Act relating to workers’ compensation; amending 85O.S. 2001, Section 1.1, as amended by Section 7,Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85O.S. Supp. 2010, Section 1.1), which relates toWorkers’ Compensation Act applicability limitations;modifying agency designation; amending 85 O.S. 2001,Section 1.2, as amended by Section 1, Chapter 453,O.S.L. 2010 (85 O.S. Supp. 2010, Section 1.2), whichrelates to the creation and content of the Workers’Compensation Court; creating Workers’ CompensationCourt of Existing Claims; providing for theappointment of four judges; vacating all existingcourt positions; providing for the selection of newjudges; modifying agency designation; requiringSenate confirmation of new judges; providing forappointments to the court; providing for selection ofjudges in certain circumstances; requiring thatjudges have five years of experience in workers’compensation matters; requiring Senate confirmationof any reappointed judge; specifying which claims theWorkers' Compensation Court of Existing Claims shalladjudicate; amending 85 O.S. 2001, Section 1.2A,which relates to compensation of certain judges;modifying agency designation; amending 85 O.S. 2001,Section 1.3, as amended by Section 8, Chapter 1, 1stExtraordinary Session, O.S.L. 2005 (85 O.S. Supp.2010, Section 1.3), which relates to the selectionand duties of the administrator of the Workers’Compensation Court; modifying agency designations;creating the Workers’ Compensation Commission;providing for appointment of three Commissioners;specifying qualifications for Commission; specifyingCommission shall consist of at least one attorney andone physician; providing for compensation ofCommissioners; establishing the position ofReq. No. 5555Page 1
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administrative law judge within the workers’compensation system; specifying jurisdictionalregions for administrative law judges; providing forvenue of workers' compensation claims; requiringadministrative law judges be confirmed by the Senate;allowing for hearings by videoconference in certaincircumstances; authorizing Governor to removeCommissioners under certain circumstances;establishing procedure for removal of Commissioners;requiring Senate confirmation of removals; requiringa representative of the Attorney General to attendsuch removals and advise or assist the Senate;providing for the subpoena of witnesses in removalproceedings; requiring Governor to provide certaininformation to the Secretary of State upon theremoval of a Commissioner; specifying thatCommissioners shall be officers of the state;requiring Commission members to take an oath ofoffice; authorizing certain business be conductedwith a quorum of Commissioners; authorizing the useof an office by the Commissioners; requiringCommissioners to conduct hearings at certain careeror technology education centers; providing for thecreation and use of an official seal; authorizingCommission to take certain administrative actions;requiring Commission to give notice of certainactions; specifying content of notice; providing thatnotice be sent to certain interested persons;requiring Commission compliance with theAdministrative Procedures Act; providing for thepayment of certain expenditures; authorizing theappointment of certain staff; providing for thecompensation of certain rate experts; providing forsalaries of certain employees; specifyingadministrative law judge duties; limitingadministrative law judge authority to issues ofcompensability; providing for traveling expenses byCommission and Commission’s employees; specifyingCommission’s power and duties; authorizing Commissionto hear and determine compensation claims;authorizing Commission to hear appeals from certainorders; authorizing Commission to hire a ChiefMedical Officer; authorizing Commission to approvecertain medical and legal claims; authorizingCommission to excuse certain failures to providenotice; authorizing Commission to determine awards;authorizing Commission to make findings of fact;Req. No. 5555Page 2
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authorizing Commission to make rulings of law;authorizing Commission to enter orders in appealedcases; authorizing Commission to specify terms ofpayment and order certain reimbursements; authorizingCommission to assess penalties; authorizingCommission to prescribe certain rules andregulations; authorizing Commission to issuesubpoenas, administer oaths and take testimony;authorizing Commission to transfer certain excessincome to certain charitable organizations;authorizing Commission to establish and imposecertain fees; providing for the deposit of certainfees; requiring Commission to provide an annualreport to the Legislature; amending 85 O.S. 2001,Section 3, as last amended by Section 1, Chapter 452,O.S.L. 2010 (85 O.S. Supp. 2010, Section 3), whichrelates to definitions; modifying definitions;amending 85 O.S. 2001, Section 3.1, which relates todeath benefit definitions; modifying definitions;providing for compensation of certain aliennonresident dependents; limiting certain benefits tononresident dependents; amending 85 O.S. 2001,Section 3.4, which relates to procedure forcommencing workers’ compensation claims; requiringcertain employees to report injuries to employer inwriting within a certain period; providing thatfailure to timely report injuries shall relieveemployer of duty to compensate employee; requiringemployers to develop certain reporting procedures;providing that certain signed statements exculpatingemployer shall bar employee from compensation;prohibiting employee remedies in certaincircumstances; authorizing Commission to developpreliminary conferences procedures for workers’compensation claims; providing that claimants beadvised of their rights; specifying that claimantsmay be advised of rights at certain Career Techcenters; authorizing Commission to facilitatesettlement of claims; modifying agency designation;specifying that certain hearings shall be subject tocertain rules of evidence; specifying burden ofproof; providing that claim hearings shall be open tothe public; providing that all hearings shall bedocumented by certain means; requiring that allevidence be presented at initial hearing; requiringthat certain written reports be provided to opposingparties; requiring notification of opposing partiesReq. No. 5555Page 3
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SECTION 77. REPEALER 85 O.S. 2001, Section 28, is hereby for HB 1224 - Introduced - Oklahoma Legislature via MyGov365.com
Workers' compensation; revising workers' compensation system; effective date.
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