In addition to the terms defined in 85A O.S. § 2, the following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Administrative Law Judge" means an Administrative Law Judge of the Commission to whom the Commission has delegated by order or otherwise, the authority to conduct a hearing.

"Affidavit of Exempt Status" means an affidavit authorized by 85A O.S., § 36 which any individual or business entity that is not required to secure compensation pursuant to the AWCA may execute and file with the Oklahoma Workers' Compensation Commission.

"AWCA" means the Administrative Workers' Compensation Act, 85A O.S. § 1, et seq.

"Claimant" means a person who claims benefits for an alleged work injury, occupational disease or illness, or death, pursuant to the provisions of the AWCA.

"Claim administrator" means the trading partner sending electronic transactions to the Commission, which can be an insurer filing directly with the Commission on its own behalf, or a servicing company/third party administrator filing on behalf of the insurer.

"Claim Information" means data submitted via First Report of Injury (FROI) or Subsequent Report of Injury (SROI).

"Commission" means the Oklahoma Workers' Compensation Commission, a designee, or an Administrative Law Judge to whom the Commission has delegated responsibility as authorized by 85A O.S. § 21(D).

"Electronic Data Interchange" means the transmission of claim information through electronic means, in a format established by the Commission.

"Electronic equivalent" means a Commission-approved means of filing an electronic form through the Commission's case system. In all cases where a party is required to mail a Commission form to the opposing party, a copy may be sent by electronic mail when an electronic mail address is known. In all cases where a paper form is required to be filed to effect a certain purpose, an electronic equivalent, if available, may also be filed to effect that purpose.

"EDI" means electronic data interchange.

"Executive Director" means the Executive Director of the Commission.

"FROI" means first report of injury.

"Insurer" means the entity responsible for making electronic filings as prescribed by law and these rules. This term includes self-insurers.

"Mandatory EDI implementation date" means September 1, 2018.

"Self-insurer" means any duly qualified individual employer or group self-insurance association authorized by the Commission to self-fund its workers' compensation obligations.

"SROI" means subsequent report of injury.

"Trading Partner" means an entity that has registered with the Commission to exchange data through Electronic Data Interchange.

"Workers' Compensation Commission fee schedule" means a state mandated schedule of maximum allowable reimbursement levels for health care providers, including hospitals, ambulatory surgical centers, and inpatient rehabilitation facilities, rendering reasonable and necessary health care services and supplies to an injured employee for a compensable injury pursuant to the Oklahoma workers' compensation laws.

"Written" means that which is expressed in writing, and includes electronic records.

<i>¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 9-15-18 (after the 9-14-18 expiration of the emergency action), the text of section 810:1-1-2 reverted back to the permanent text that became effective 9-11-17, as was last published in the 2018 OAC Supplement, and remained as such until amended by permanent action on 9-13-19. See also footnote 2 below.</i>

<i>²The expiration date of this emergency amendatory action, as published in the Oklahoma Register at 35 Ok Reg 729, was cited as 9/14/19. However, as set forth in 75 O.S. § 253, "[i]f an emergency rule is superseded by another emergency rule prior to the enactment of a permanent rule, the latter emergency rule shall retain the same expiration date as the superseded emergency rule." Therefore, this emergency action expired on 9-15-18 (effective through 9-14-18), which was the expiration date of the emergency action that it superseded. As noted in footnote 1 above, on 9-15-18, the text of the section reverted back to the permanent text that was effective prior to either emergency action.</i>

Added at 31 Ok Reg 465, eff 2-4-14 (emergency)

Added at 32 Ok Reg 1458, eff 8-27-15

Amended at 34 Ok Reg 2205, eff 9-11-17

Amended at 35 Ok Reg 234, eff 11-17-17 (emergency)

Amended at 35 Ok Reg 729, eff 7-26-18 through 9-14-18 (emergency)^{1 2}

Amended at 36 Ok Reg 2038, eff 9-13-19

Amended at 37 Ok Reg 2334, eff 9-11-20