NOTICE CONCERNING TITLE 85 of the OKLAHOMA STATUTES

In 2011, the Oklahoma Legislature substantially revised the statutes relating to workers’ compensation. The Legislature replaced the Workers’ Compensation Act (the Act) with the new Worlers’ Compensation Code (the Code), both by adding new provisions and by repealing and renumbering statutory provisions found in the previous Act. For a crosswalk from the new Workers’ Compensation Code to the statutory provisions in the previous Act, click here. A printable version of the crosswalk table is available here. For a disposition table that shows where provisions of the previous Act can be found in the new Workers’ Compensation Code, click here. A printable version of the disposition table is available here. NOTE: These tables and documents are intended as a research tool and are for informational purposes only. They are subject to change without notice. Crosswalk
Workers' Compensation Code to the Workers' Compensation Act Workers' Compensation Code Section Description WC Code (Title 85)
Section Number WC Act
(Title 85)
Section Number Short Title 301 1 Exclusive Liability - Intentional Tort - Immunity 302 12 Workers' Compensation Court - Judges - Qualifications of Administrator 303 1.2 Presiding Judge 304 1.2, 69.5 Administrator of the Workers' Compensation Court 305 1.3 Powers and Duties of Administrator 306 1.3(G)(H), 3.7 Testimony by Court Employees - Solicitation of or Referral to Attorney or Physician - Penalties - Ex Parte Communications 307 3.8 Definitions 308 3, 3.1 Computation of Time 309 3.11 Covered Employer's Duty to Provide Benefits - Jurisdiction of the Workers' Compensation Code 310 4, 11 Employees Excluded 311 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 3(9) Injuries That Are Not Compensable 312 11(A) Public Entities Required to Provide Workers' Compensation - Insurance - State Insurance Fund 313 2b Liability of Person, Firm, or Corporation Other Than Immediate Employer of Injured Employee 314 11(B) Law Determining Benefits for Single Event Injury, Cumulative Trauma Injury, Occupational Disease or Illness, or Death 315 3.1(B) Liability of Employer for Occupational Disease - Exception for Silicosis, Asbestosis, or Related Disease 316 11(B)(4) Employer Liability for Cumulative Trauma 317 11(B)(5) Statute of Limitations 318 43, 106 Dismissal of Claim - Refiling 319 43(B) Workers' Compensation Counselor or Ombudsman Program - Notice - Training 320 3.9 Mediation 321 3.10 Records of Injuries - Employer's First Notice of Injury - Notice to Employees - Penalty 322 24.1, 43(D) Rebuttable Presumptions Regarding Whether Injury Is Work-Related - Employee's First Notice of Accidental Injury and Claim for Compensation 323 24.2(A), 26(A) Filing of Claim - Answers and Defenses - Prehearing Conference or Trial 324 3.4 Assignment of Claims to Judges - Venue - Videoconferencing 325 3.4, 3.5 Employer' s Duty to Provide Medical Care - Change of Treating Physician - Official Disability Guidelines Applicable - Mileage Reimbursement 326 14, 25 Oklahoma Workers' Compensation Medical Fee Schedule 327 14, 201(B) Employer Selection of Treating Physician - Petition for Change - Procedure for Approval of Workplace Medical Plan 328 14.2, 14.3 Independent Medical Examiners - Report - Right to Object 329 17 Case Management - Court Qualified Case Managers 330 14(H) Computation of Average Weekly Wages 331 21, 22(6) Temporary Total Disability - Temporary Partial Disability 332 2e, 13, 14(A)(2), 17, 22, 22.1, 24.2(B), 45(B) Permanent Impairment or Disability 333 3, 17, 22 Permanent Disfigurement 334 22(3)(e) Prosthetic Devices 335 15 Permanent Total Disability - Duration of Payments - Effect of Death or Subsequent Incarceration of Claimant 336 22(1)(13) Determination of Beneficiaries Upon Death - Benefits 337 22(8)(9)(10)(11) Physical and Vocational Rehabilitation Services - Vocational Rehabilitation Director 338 16 Compromise Settlement of Claim - Notice 339 26, 84 Appeals 340 3.6 Retaliatory Discharge of Employee or Termination of Health Insurance - No Duty to Rehire or Retain in Certain Circumstances - Damages 341 5, 6, 7 Change of Condition 342 28 Claims for Legal Services - Attorney Fees 343 30 Costs and Penalties 344 30 Credit Against Judgment - Enforcement and Payment of Judgment - Default 345 41, 41.1 Filing of Judgment with District Court - Suspension or Revocation of Insurance License - Creation of New Business Entity to Avoid Judgment Prohibited 346 42 Contempt of Court - Attachment Proceedings - Penalty 347 80 Election of Remedy - Right of Subrogation - Credit Against Future Benefits 348 44 Employee Agreement to Pay Premium Invalid - Misdemeanor - Assignment, Release, or Commutation - Payment in Case of Claimant Death 349 46, 48 Child Support Lien 350 48.1 Employer to Secure Compensation - Proof of Ability to Pay - Penalty 351 61, 63 Failure to Secure Compensation - Civil Penalty - Cease and Desist Order - Injunction 352 63.1 Summary Hearing - Formal Hearing - Appeal 353 63.2 Willful Failure to Provide Compensation - Misdemeanor - Penalty 354 63.3 Administrator of Group Self-Insurance Association Conflict of Interest 355 61.1 Insurance - Mandatory Policy Provisions - Disclosure - Coverage - Notice of Intent to Cancel 356 64 Employer and Insurance Carrier Estopped From Denying Employment of Certain Employees 357 65.2 Individual Self-Insured Guaranty Fund - Board 358 66.1 Group Self-Insurance Association Guaranty Fund - Board 359 66.2 Workers' Compensation Self-Insurance Guaranty Fund - Board 360 NEW Workers' Compensation Self-Insurance Guaranty Fund - Purpose - Not Subject to Appropriation - Expenditures - Subject to Audit 361 NEW Workers' Compensation Self-Insurance Guaranty Fund - Sources 362 NEW Impaired Self Insurer - Release of Security Deposit - Claims 363 NEW Workers' Compensation Self-Insurance Guaranty Fund Board to be Party in Interest in Claims Against Impaired Self-Insurer 364 NEW Cessation of Individual Self-Insured Guaranty Fund, Group Self-Insurance Association Guaranty Fund, and Boards 365 NEW Immunity for Acts Done in Good Faith 366 NEW Reporting - Electronic Data Interchange 367 85 Fees and Costs 368 93 Annual Application Fees - Deposit 369 93.2 Copy Fees - Deposit 370 95, 101 Employers to Furnish Information - Records to be Open for Inspection 371 103, 104 Inquiry and Information Regarding Prior Workers' Compensation Claims 372 110 Physician Advisory Committee 373 201.1 Advisory Council on Workers' Compensation 374 112 A CompSource Oklahoma Fund - Purpose - Character and Contents - Use 375 131 Board of Managers of CompSource Oklahoma - Members - Meetings - Powers and Duties - Gratuities - Name 376 131a CompSource Oklahoma President and Chief Executive Officer 377 131b Task Force on Privatization of CompSource Oklahoma - Purpose - Membership - Duties 378 131c Powers and Jurisdiction of CompSource Officers 379 132 Volunteer Fire Departments - Volunteer Firefighter Group Insurance Pool 380 132a Management and Conduct of Business and Affairs of Fund 381 133 Powers and Authority of CompSource Oklahoma President and Chief Executive Officer - Funding Through Actuarially Sound Rates and Premiums - Losses 382 134 Deposits and Transfers - Commissioner to Manage Fund - Warrants, Checks, Drafts, and Vouchers 383 135 Petty Cash Fund 384 135.1 Commissioner to Appoint Employees - Salaries - Chief Attorney's Salary 385 136 Percentage of Premiums Set Aside for Surplus - Transfer of Surplus to Other Funds - Reserves 386 137 Investment or Loan of Surplus or Reserve Fund - Duties and Liability of Board of Managers - Investment Committee - Investment Manager - Report 387 138 Fiduciary to State Insurance Fund - Restrictions, Powers and Duties 388 138.2 Administration Expenses - Budget - Limitation on Account - Audits - Annual Financial Statement 389 139 Duty to Keep Accounts of Money Paid and Received 390 141 Payment of Premiums - Adjusted Premiums 391 142 Insurance Premium Credit Program 392 142a Default in Payment - Cancellation of Insurance - Civil Action 393 144 Record of Employees and Wages - Inspection - Penalty for Violation 394 145 Misrepresentation to Obtain Insurance - Penalty 395 146 Information Not Open to Public Inspection - Penalty for Violation - Listing of Insureds 396 147 Contract or Policy of Insurance - Payment of Premiums - Receipts 397 148 Group Self-Insurers 398 149.1 Pooling of Liabilities by Group Self-Insurance Associations 399 149.2 Invalidity Clause 400 151 Annual Report to Treasurer - Annual Market Equalization Assessment 401 154 Definition of A "Physically Impaired Person" 402 171 Multiple Injury Trust Fund 403 173, 173.1, 173.3 Compensation - Attorney Fees 404 172 Notice of Claim - Limitations 405 92
(prohibition on representing both insurance carrier and claimant) Administration - Right to Bring Proceeding in Supreme Court 406 175 Workers' Compensation Administration Fund 407 177 Written Declaration that Filings With Court Are Made Under Penalty of Perjury 408 178 Authority of Court to Order Immediate Payment of Benefits - Expedited Hearing 409 203 Written Permission to Review Records - Subpoenas 410 211 Applicability of Provisions Determined to be Substantive 411 NEW Conversion of Previous Workers' Compensation Court System to Present System 412 NEW Independent Benefits Not to be Considered in Determining Benefits Under This Act - Employee Agreement to Waive Right to Compensation Invalid 413 45, 47 Disposition Table
Title 85 Workers' Compensation Act to Workers' Compensation Code