STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1780	By:	Roberts (Sean)

AS INTRODUCED

An Act relating to workers’ compensation; amending 85 O.S. 2001, Section 1.1, as amended by Section 7, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 1.1), which relates to Workers’ 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), which relates to the creation and content of the Workers’ Compensation Court; creating Workers’ Compensation Court of Continuing Claims; providing for the retention of four judges; providing for the selection of new judges; modifying agency designation; requiring Senate confirmation of new judges; providing for appointments to the court; providing for selection of judges in certain circumstances; specifying which claims the Workers' Compensation Court of Continuing Claims shall adjudicate; removing Administrator qualification requirements; 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, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 1.3), which relates to the selection and duties of the administrator of the Workers’ Compensation Court; modifying agency designations; specifying that duties of Administrator shall be transferred to Commissioner; removing Administrator selection and qualification requirements; creating the position of Workers’ Compensation Commissioner; providing for appointment of Workers' Compensation Commissioner; specifying qualifications of Commissioner; specifying Commissioner shall be an attorney; providing for compensation of Commissioner; renaming Workers' Compensation Court the Workers' Compensation Commission; establishing the positions of benefit review officers, hearing officers and administrative law judges within the workers’ compensation system; specifying jurisdictional regions for benefit review officers, hearing officers and administrative law judges; providing for venue of workers' compensation claims; allowing for hearings by videoconference in certain circumstances; authorizing Governor to remove Commissioner under certain circumstances; establishing procedure for removal of Commissioner; requiring Senate confirmation of removal; requiring a representative of the Attorney General to attend removals and advise or assist the Senate; providing for the subpoena of witnesses in removal proceedings; requiring Governor to provide certain information to the Secretary of State upon the removal of Commissioner; specifying that Commissioner shall be an officer of the state; requiring Commissioner to take an oath of office; authorizing the use of an office by the Commissioner; authorizing Commissioner and other employees to conduct hearings at certain career or technology education centers; providing for the creation and use of an official seal; authorizing Commissioner to take certain administrative actions; requiring Commissioner to give notice of certain actions; specifying content of notice; providing that notice be sent to certain interested persons; requiring Commission compliance with the Administrative Procedures Act; providing for the payment of certain expenditures; authorizing the appointment of certain staff; providing for the compensation of certain rate experts; providing for salaries of certain employees; specifying duties of benefit review officers; specifying benefit review officer education and training requirements; directing Commission to establish certain training program; specifying duties of arbitrators; specifying job requirements of arbitrators; directing Commission to provide certain training; specifying duties of hearing officers; specifying job requirements of hearing officers; specifying appeals panel duties; specifying authority of appeals panels; directing appeals panel to issue and maintain certain precedent manual; providing for travel expenses by Commission and Commission’s employees; specifying Commission’s power and duties; requiring Commissioner to provide an annual report to the Legislature; making workers’ compensation insurance optional; requiring certain notifications; requiring filing of notice with Insurance Commissioner; requiring notice to employees; requiring the posting of certain information; prohibiting certain employer defenses; amending 85 O.S. 2001, Section 2.1, which relates to certain excluded employees; providing additional employees; amending 85 O.S. 2001, Section 2.6, as last amended by Section 1, Chapter 84, O.S.L. 2010 (85 O.S. Supp. 2010, Section 2.6), which relates to certain exemptions; providing additional exemption; 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), which relates to definitions; modifying definitions; amending 85 O.S. 2001, Section 3.1, which relates to death benefit definitions; modifying definitions; providing for compensation of certain alien nonresident dependents; limiting certain benefits to nonresident dependents; establishing procedure for commencing workers’ compensation claims; requiring certain employees to report injuries to employer within a certain period; specifying requirements for occupational diseases; requiring employers to report certain injuries; requiring employers to create certain report; specifying report delivery requirements; requiring insurer to report to Commissioner; authorizing certain waiver of reporting requirement; specifying certain report shall not be used for certain purposes; specifying report requirements; authorizing Commission to develop rules and procedures for workers’ compensation claims reporting; specifying return-to-work requirements and options; requiring participation of parties in benefit review conferences; providing exceptions; establishing procedure for benefit review conferences; requiring the production of certain documentation; directing Commissioner to adopt certain guidelines; providing for certain claims exempt from benefit review conference requirement; stating purpose of benefit review conference; specifying duties of benefit review officer at conference; directing benefit review officer to prepare certain report; establishing procedure for the initiation of a second benefit review conference; specifying benefit review officer shall not take formal testimony; directing Commissioner to adopt rules for benefit review conferences; providing that benefit review conferences shall not be subject to common law or other rules of evidence; requiring parties to sign settlement in certain circumstances; specifying settlements shall be binding; providing exceptions; providing for the creation of certain report; specifying requirements of certain report; authorizing benefit review officer to issue certain interlocutory orders; providing requirements of interlocutory order; establishing requirements and procedures for arbitration; specifying arbitration shall be an option for claimant; specifying arbitration shall be irrevocable and binding; stating purpose of arbitration; directing Commissioner to develop regional lists of arbitrators; providing procedure for selection of arbitrators; authorizing Commissioner to remove arbitrators from list for certain reasons; specifying lists shall be confidential and exempt from discovery; providing exception; providing for the notification of parties upon selection of arbitrator; allowing parties to reject one arbitrator; providing procedure for selection of second arbitrator; requiring the scheduling of arbitration within certain period; providing documentation required at arbitration; specifying certain failure shall be an administrative violation; authorizing arbitrator to take testimony under oath; requiring certain record of proceeding be made; authorizing parties to make stenographic record; authorizing the presentation of certain evidence at arbitration; allowing for closing statements; prohibiting certain communications outside of arbitration; directing arbitrator to create certain award; specifying requirements of award; directing arbitrator to file report; specifying award shall be final and binding; establishing requirements and procedure for contested case hearings; limiting hearing to certain issues; directing Commissioner to adopt certain rules; specifying duties and powers of contested case hearing officers; authorizing hearing officer to make rulings on evidence; requiring certain record of proceeding be made; authorizing parties to make stenographic record; requiring insurer to provide certain documentation at contested case hearing; directing hearing officer to create certain report; specifying contents of report; authorizing hearing officer to issue certain interlocutory orders; specifying order of hearing officer shall be binding; directing hearing officer to create certain report on attorney fees; providing attorney fee report shall not be subject to discovery; directing Commissioner to prescribe certain time limitations for submission of attorney fee report; directing Commissioner to send certain report to parties; specifying case hearing officer decisions shall be final and binding; amending 85 O.S. 2001, Section 3.6, as amended by Section 1, Chapter 403, O.S.L. 2010 (85 O.S. Supp. 2010, Section 3.6), which relates to appellate procedures for workers’ compensation claims; modifying agency designation; providing that appeals panel shall hear certain appeals; authorizing appeals panel to reverse or modify certain decisions; providing that certain decisions of the appeals panel shall be final; providing for the payment of certain fees for appeals panel reviews; restricting Supreme Court authority to reverse Workers' Compensation Commission decisions to certain issues or grounds; modifying agency designations; authorizing Supreme Court to require a bond in certain cases; amending 85 O.S. 2001, Section 3.7, which relates to powers and duties of the Workers’ Compensation Administrator; specifying Commissioner shall assume all duties and responsibilities of Administrator; authorizing Commissioner to accept and record certain settlements; modifying agency designations; deleting obsolete language; removing authority of Administrator to adopt certain rules and impose certain penalties; amending 85 O.S. 2001, Sections 3.8, 3.9, as last amended by Section 2, Chapter 403, O.S.L. 2010 and 4 (85 O.S. Supp. 2010, Section 3.9), which relate to workers’ compensation general provisions; modifying agency designations; specifying certain officers and arbitrators may be subject to certain qualifications; clarifying language; amending 85 O.S. 2001, Section 11, as last amended by Section 2, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 11), which relates to employer payment of certain compensation; deleting reference to certain injuries; amending 85 O.S. 2001, Section 12, as last amended by Section 3, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 12), which relates to certain employer liability; specifying applicability to certain employers; deleting reference to certain rights; providing penalty for failure to secure compensation; authorizing Commissioner to serve certain orders for certain violations; providing employers opportunity to contest certain orders; allowing for hearings to contest certain orders; specifying burden of proof to overturn certain orders; providing for hearings in certain disputes; requiring Commission to notify insurer of certain hearings; requiring insurer to respond to certain notice of hearing within certain period; authorizing Commission to assess certain fines for certain violations; providing Commission authority to petition district court in certain circumstances; authorizing Commission to seek certain injunction; requiring employers to post certain notices; specifying certain notice requirements; specifying that employers shall not be liable for certain injuries; authorizing Commissioner to establish certain rules and regulations concerning medical service fees; allowing Commissioner to establish maximum allowable fees; amending 85 O.S. 2001, Section 14, as last amended by Section 4, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 14), which relates to the provision of medical services after an injury; specifying that injured employees may seek certain hearing; modifying agency designations; providing for the limitation of certain medical treatments; providing for the ongoing service and replacement of certain medical devices; amending 85 O.S. 2001, Section 14.2, as amended by Section 16, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 14.2), which relates to the selection of treating physicians under certified workplace plans; modifying agency designations; amending 85 O.S. 2001, Section 14.3, as amended by Section 17, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 14.3), which relates to certified workplace medical plans; modifying agency designation; extending period an insured may contract with an independent insurer in certain circumstances; requiring employees to obtain written confirmation that dispute resolution has failed and been exhausted; specifying that certain medical evaluations shall not be admissible if certain conditions have not been met; authorizing Commission to alter the course of certain medical treatments under certain conditions; requiring all state agencies to adopt and implement certain certified workplace plan; amending 85 O.S. 2001, Section 15, which relates to employer requirement of providing prosthetic devices in certain circumstances; modifying agency designation; amending 85 O.S. 2001, Section 16, as amended by Section 18, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 16), which relates to vocational rehabilitation and job placement services; requiring Commissioner to hire a Vocational Rehabilitation Director; establishing qualifications of Vocational Rehabilitation Director; specifying duties of Vocational Rehabilitation Director; authorizing the request of vocational rehabilitation services under certain circumstances; authorizing Vocational Rehabilitation Director to issue certain administrative orders; providing that certain administrative orders shall be appealable to Commission; authorizing Director to assign certain vocational rehabilitation counselors in certain circumstances; specifying certain services shall be paid by employer; authorizing concurrent medical treatment and vocational rehabilitation services; modifying agency designation; specifying that vocational rehabilitation services shall be payable to provider; extending time frame for certain vocational rehabilitation services; prohibiting the payment for vocational rehabilitation to be a separate item in a settlement or included in a calculation of legal fees; authorizing certain employers to opt out of workers' compensation insurance; specifying employees shall be eligible for a vocational evaluation in certain circumstances; amending 85 O.S. 2001, Section 17, as last amended by Section 19, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 17), which relates to the determination of disability; modifying agency designations; providing that determination of disability shall be the responsibility of the Chief Medical Officer; requiring all claims for disability be supported by certain testimony and include certain evaluations; requiring certain evaluation be sent to parties within certain period; requiring medical opinions be stated within a reasonable degree of medical certainty; defining terms; stating purpose of program; specifying scope of program; establishing qualifications of physicians seeking appointment to Medical Impairment Rating Registry; specifying application procedure for physicians seeking appointment to Medical Impairment Rating Registry; specifying appointment and retention requirements of certain physicians; providing appeal procedure for physicians denied appointment on Registry; specifying circumstances for the appointment of a Medical Impairment Rating Registry physician; providing for the selection of a Registry physician; providing procedure for certain disagreements; providing for the selection of a Registry physician; establishing that the certain impairment rating shall be presumed accurate; authorizing the Program Coordinator to select a Registry physician under certain circumstances; requiring Program Coordinator to contact a selected Registry physician within certain time period; requiring parties to submit copies of certain medical records to the Registry physician; providing Program Coordinator discretion in accepting certain records; specifying how medical records shall be organized; prohibiting the submission of certain types of evidence; requiring completion of certain forms; providing for assistance to claimants in completing forms; authorizing the use of a translator in certain circumstances; providing for reimbursement of claimant travel under certain circumstances; providing for the payment of a Registry physician; specifying fee amounts shall be based upon certain criteria; specifying what the Registry physician fee includes; providing for late fees and penalties under certain circumstances; providing procedure for cancellation of evaluation appointments; allowing evaluations of multiple impairments by different Registry physicians in certain circumstances; prohibiting certain physicians from rendering certain opinions; requiring disclosure by physicians in certain potential conflict of interest circumstances; providing penalties for failure to comply with conflict of interest requirements; prohibiting certain communications; providing exceptions; requiring the compensation of certain physicians if physician is a witness at any proceeding; establishing requirements for physicians conducting certain evaluations; specifying requirements physicians must follow prior to certain evaluations; specifying requirements physicians must follow upon the completion of certain evaluations; specifying that completed reports shall be sent to the Program Coordinator; specifying that evaluations do not create a doctor-patient relationship; providing that certain physicians shall only evaluate impairment; prohibiting certain physicians from recommending treatment in evaluation assessments; establishing reporting requirements of the Medical Impairment Rating report; requiring that Medical Impairment Rating physicians review attending physician evaluations; providing reporting procedure if the Medical Impairment Rating physician agrees with certain evaluation; providing reporting requirements if the Impairment Rating is consistent with certain guidelines; providing reporting requirements if the Impairment Rating is not consistent with certain guidelines; requiring certain physicians explain rationale for certain ratings; requiring certain physicians sign reports; providing statement required on certain reports; providing procedure if the Medical Impairment Rating physician disagrees with certain determinations; providing that certain physician services conclude upon the issuance of certain report; providing that Medical Impairment Rating reports shall be subject to certain review; providing for the removal of Medical Impairment Rating physicians in certain circumstances; providing grounds for removal of Medical Impairment Rating physician from listing; establishing procedure for complaints regarding Medical Impairment Rating physicians; allowing Medical Impairment Rating physicians opportunity to respond to certain complaints; authorizing Chief Medical Officer to make determinations concerning certain complaints; providing procedure for physicians to request reconsideration of certain decisions; providing procedure for reinstatement of certain physicians; providing Chief Medical Officer authority to impose certain penalties; providing discretion to the Chief Medical Officer with respect to certain time limitations; requiring parties to cooperate in the scheduling of certain evaluations; prohibiting parties from seeking a second opinion in certain circumstances; providing for issuance of final determination of disability by Chief Medical Officer; providing limitations for appeal of certain Chief Medical Officer rulings; authorizing Commissioner to select a Chief Medical Officer; requiring confirmation of Chief Medical Officer by Senate; providing for review of Chief Medical Officer’s performance; specifying circumstances and procedure for reappointment of Chief Medical Officer; providing for compensation of Chief Medical Officer; establishing duties of Chief Medical Officer; providing Commission authority to review certain administrative orders issued by the Chief Medical Officer; amending 85 O.S. 2001, Section 22, as last amended by Section 5, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 22), which relates to compensation schedules for specific injuries; providing that the loss of certain body parts shall constitute total disability; prohibiting the receipt of both permanent total disability and any other benefit simultaneously; authorizing annual certification of continuing disability; providing authority to Commissioner to refer certain cases to fraud unit; establishing partial disability rates for injuries incurred on or after the effective date of act; modifying permanent disfigurement compensation requirements; modifying soft tissue injury compensation extension procedure and limitations; specifying that the odd-lot doctrine shall not apply in permanent disability cases; providing for the receipt of certain benefits for injuries incurred prior to effective date of act; providing the maximum amount of compensation to be paid for certain disabilities; modifying agency designation; amending 85 O.S. 2001, Section 24.1, as amended by Section 21, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 24.1), which relates to record keeping requirements; modifying agency designations; amending 85 O.S. 2001, Section 25, which relates to the examination of injured employees; modifying agency designation; amending 85 O.S. 2001, Section 26, as amended by Section 22, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 26), which relates to notice of injury requirements; modifying agency designation; amending 85 O.S. 2001, Section 27.1, which relates to cumulative medical testimony in certain cases; modifying agency designation; authorizing Commission to review any compensation order, decision or award; providing for the review by an appeals panel or the Commission of certain terminated benefits for certain reasons; authorizing Commission to make certain determinations and orders upon review of certain compensation orders; authorizing Commission to correct certain clerical errors; amending 85 O.S. 2001, Section 30, as amended by Section 23, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 30), which relates to certain costs and penalties; modifying agency designation; amending 85 O.S. 2001, Section 41, which relates to the payment of certain permanent partial or permanent total awards; modifying agency designation; amending 85 O.S. 2001, Section 42, as amended by Section 1, Chapter 236, O.S.L. 2010 (85 O.S. Supp. 2010, Section 42), which relates to the nonpayment or failure to pay awards under certain circumstances; modifying agency designation; modifying applicable interest rate determination; amending 85 O.S. 2001, Section 43, as amended by Section 24, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 43), which relates to time limitations of injury or death claims; modifying agency designations; authorizing Commission or Court to reopen certain claims; amending 85 O.S. 2001, Section 44, as amended by Section 25, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 44), which relates to certain claims against third-party insurers; modifying agency designation; removing prohibition against employer or insurer pursuing the right of subrogation in certain circumstances; removing provision allowing employers to have certain cause of action; amending 85 O.S. 2001, Section 45, which relates to the exemption of certain benefits or assets; providing that certain laws of another state shall not result in duplicative benefit payment; amending 85 O.S. 2001, Section 47.1, which relates to waiver of compensation by employees in certain circumstances; updating agency designation; amending 85 O.S. 2001, Section 48.1, which relates to certain liens for the payment of child support; modifying agency designation; amending 85 O.S. 2001, Section 61, as amended by Section 78, Chapter 264, O.S.L. 2006 (85 O.S. Supp. 2010, Section 61), which relates to means by which an employer may secure compensation to injured employees; modifying agency designation; amending 85 O.S. 2001, Section 61.2, which relates to workplace safety plans; modifying agency designation; amending 85 O.S. 2001, Section 64, as last amended by Section 79, Chapter 264, O.S.L. 2006 (85 O.S. Supp. 2010, Section 64), which relates to insurance policy requirements; requiring insurers to have complete settlement authority to attend certain proceedings; specifying that certain violations shall be subject to administrative violation penalties; amending 85 O.S. 2001, Sections 66.1 and 66.2, which relate to the Individual Self-Insured Guaranty Fund Board and the Group Self-Insurance Association Guaranty Fund Board; modifying agency designations; amending 85 O.S. 2001, Sections 80, 81, 84, 85 and 104, which relate to the Workers’ Compensation Act; modifying agency designation; amending 85 O.S. 2001, Section 110, as amended by Section 1, Chapter 338, O.S.L. 2002 (85 O.S. Supp. 2010, Section 110), which relates to inquiry into an employee’s prior claims; providing that certain failure shall subject an employee to discharge; modifying agency designation; amending 85 O.S. 2001, Section 112, which relates to the Advisory Council on Workers' Compensation; reducing membership from nine to seven members; authorizing the Commissioner to act as ex officio nonvoting member; specifying Governor appointments; specifying Speaker of the House of Representatives appointments; specifying President Pro Tempore appointments; providing for selection of an additional member; prohibiting certain professionals from serving on the Advisory Council; providing for three-year terms; modifying quorum requirement of the Advisory Council; modifying agency designations; specifying that Council shall consult with the Commission and Chief Medical Officer regarding oversight; amending 85 O.S. 2001, Sections 149.1 and 149.2, which relate to rules for certain employer self-insured pools; modifying agency designation; amending 85 O.S. 2001, Section 171, as amended by Section 27, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 171), which relates to certain definition; modifying agency designation; amending 85 O.S. 2001, Section 173, as last amended by Section 29, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 173), which relates to the creation of the Multiple Injury Trust Fund; modifying agency designations; amending 85 O.S. 2001, Section 175, as last amended by Section 30, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 175), which relates to the administration of the Multiple Injury Trust Fund by CompSource Oklahoma; modifying agency designation; amending 85 O.S. 2001, Section 177, which relates to the creation of an administration fund; modifying agency designations; amending 85 O.S. 2001, Section 201, as amended by Section 6, Chapter 403, O.S.L. 2010 (85 O.S. Supp. 2010, Section 201), which relates to authority of the Administrator to impose certain penalties on health care providers for certain violations; modifying agency designation; amending 85 O.S. 2001, Section 201.1, as last amended by Section 6, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 201.1), which relates to the creation of a Physician Advisory Committee; modifying agency designation; providing that recommendations made by the committee concerning acceptable deviations from certain guidelines shall be reviewed and adopted by the Chief Medical Officer; removing authority of Committee to make certain permanent impairment determinations; requiring treatment guidelines be recommended to Chief Medical Officer; defining medical treatment for certain purposes; requiring that recommended guidelines reflect evidence and scientifically approved standards of medical treatment; providing that certain treatments may be approved in certain circumstances; requiring Chief Medical Officer to specify why certain treatment is outside of medical guidelines; removing provisions establishing treatment guidelines; modifying agency designation; defining terms; amending 85 O.S. 2001, Section 203, which relates to disputes between carriers or employers; modifying agency designation; amending 85 O.S. 2001, Section 211, which relates to authorization to inspect or examine certain records; modifying agency designation; repealing 85 O.S. 2001, Section 3.4, which relates to procedural requirements; repealing 85 O.S. 2001, Section 3.5, as amended by Section 10, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 3.5), which relates to venue of workers’ compensation claims; repealing 85 O.S. 2001, Section 3.10, as last amended by Section 3, Chapter 403, O.S.L. 2010 (85 O.S. Supp. 2010, Section 3.10), which relates to mediation of workers' compensation claims; repealing 85 O.S. 2001, Section 21, which relates to the computation of average weekly wages; repealing 85 O.S. 2001, Section 28, which relates to the review of awards by the Court; repealing 85 O.S. 2001, Section 69.5, which relates to powers and duties of the Workers’ Compensation Court Presiding Judge; repealing 85 O.S. 2001, Section 122, which relates to the abrogation of the right to recover damages in certain circumstances; repealing 85 O.S. 2001, Section 201.2, which relates to requiring the Physician Advisory Committee to develop certain recommendations; providing for codification; and providing an effective date.  

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     85 O.S. 2001, Section 1.1, as amended by Section 7, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 1.1), is amended to read as follows:
Section 1.1  A.  The Workers’ Compensation Act shall not apply to cases of occupational disease in which the last injurious exposure to the hazards of such disease occurred before June 6, 1953.
B.  The burden of proof, by a preponderance of the evidence, shall be on the party requesting benefits or relief pursuant to the provisions of the Workers’ Compensation Act unless otherwise specifically provided for by law.
C.  The provisions of the Workers’ Compensation Act shall be strictly construed by the Workers’ Compensation Court of Continuing Claims or Commission and any appellate court reviewing a decision of the Workers’ Compensation Court of Continuing Claims or Commission.
SECTION 2.     AMENDATORY     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), is amended to read as follows:
Section 1.2  A.  There is hereby created the Workers' Compensation Court of Continuing Claims which shall consist of eight (8) four (4) judges.  Each judge of the Court shall be appointed to a designated numbered position on the Court.  The positions shall be numbered one through eight, five of which shall be permanently assigned to the Oklahoma City Workers’ Compensation Court and three of which shall be permanently assigned to the Tulsa Workers’ Compensation Court.  The initial terms of the judges by position number shall expire on the following dates:
Position 1 shall expire 2-1-14.
Position 2 shall expire 2-1-14.
Position 3 shall expire 2-1-14.
Position 4 shall expire 2-1-12.
Position 5 shall expire 2-1-12.
Position 6 shall expire 2-1-16.
Position 7 shall expire 2-1-16.
Position 8 shall expire 2-1-12.
Position 9 shall expire 2-1-12.
Position 10 shall expire 2-1-14. The next two positions to become vacant on or after November 1, 2010, shall not be refilled.
Thereafter, each position shall be filled by a judge appointed to serve an eight-year term.  After a judge serves an eight-year term, such judge shall be eligible to reapply for an additional term after the lapse of a period of not less than three (3) years.
Provided, the judges serving unexpired terms on the effective date of this act shall be eligible upon expiration of such terms for appointment to one term of eight (8) years pursuant to this section.  A judge serving an unexpired term on the effective date of this act who serves until such term expires shall be deemed to have served a full six-year term.  If the judge is not reappointed, such judge shall receive full salary, benefits, vesting rights and judicial service for retirement purposes during active judicial service for a period of not less than five (5) months.  Effective November 1, 2011, the four most senior positions of the Workers’ Compensation Court shall become vacant.  When a vacancy on the Court of Continuing Claims occurs or is certain to occur or for initial appointments to the Court, the Judicial Nominating Commission shall choose and submit to the Governor and the Chief Justice of the Supreme Court the names of three persons for each appointment, each of whom has previously notified the Commission in writing that he or she will serve as a judge if appointed.  The Governor shall appoint one of the nominees to fill the vacancy with the advice and consent of the Senate.  If the Senate fails to confirm within ninety (90) days, the Governor may select from the two remaining nominees or request three additional nominees from the Judicial Nominating Commission.  If the Governor fails to do so within sixty (60) days, the Chief Justice of the Supreme Court shall appoint one of the nominees with the advice and consent of the Senate, the appointment to be certified to the Secretary of State.  If the Senate is not in session when an appointment is made, the Senate shall confirm such appointment during its next regular session.  If the Senate fails to confirm such appointment, the Governor shall ask the Judicial Nominating Commission for the names of three persons, which shall not include the name of the candidate not confirmed, and shall submit a new candidate to the Senate for confirmation within thirty (30) days of receipt of such nominees.
B.  A judge of the Court of Continuing Claims shall have been licensed to practice law in this state for a period of not less than five (5) years and shall have not less than five (5) years of workers’ compensation experience prior to appointment.  Each judge, before entering upon the duties of  office, shall take and subscribe to an oath of office and file the same with the Secretary of State.  Each judge shall continue to serve until his or her successor has been appointed and qualified.  A judge may be removed for cause by the Court on the Judiciary prior to the expiration of his or her term.
C.  Each judge shall receive a salary equal to that paid to a district judge of this state, and shall devote full time to his or her duties and shall not engage in the private practice of law during the term in office.
D.  The Governor shall appoint from among the judges of the Workers' Compensation Court of Continuing Claims a presiding judge of that Court who shall serve for a two-year term commencing with the initial appointment beginning January 1, 1987.  Any judge so appointed shall not serve more than two times in succession.  The presiding judge shall preside at all hearings held by the Court of Continuing Claims, preside at such meetings of the judges of the Court of Continuing Claims as may be necessary and perform such other supervisory duties as the needs of the Court of Continuing Claims may require.  The presiding judge may designate one of the other judges to act as presiding judge in his or her place whenever necessary during the disqualification, disability, or absence of the presiding judge. During the disqualification, disability, or absence of the presiding judge, the acting presiding judge shall exercise all of the powers of the presiding judge.
E.  The Court of Continuing Claims and the Workers’ Compensation Commission as defined in this act shall have the authority to adopt reasonable rules within its respective areas of responsibility including the rules of procedure for the Court en banc, after notice and public hearing, for effecting the purposes of the Workers' Compensation Act.  All of the judges of the Court of Continuing Claims and the Commissioner of the Workers’ Compensation Commission shall be present at all meetings wherein their respective rules are adopted or amended.  All rules, upon adoption, shall be submitted to the Supreme Court, which shall either approve or disapprove them within thirty (30) days.  All rules, upon approval by the Supreme Court, shall be published and be made available to the public and, if not inconsistent with the law, shall be binding in the administration of the Workers' Compensation Act.
F.  The Court of Continuing Claims is hereby designated and confirmed as a court of record, with for all workers’ compensation claims for which the date of injury was prior to November 1, 2011.  With respect to any matter within the limits of its jurisdiction their respective jurisdictions, and within such limits the judges or Commissioners thereof shall possess the powers and prerogatives of the judges of the other courts of record of this state, including the power to punish for contempt those persons who disobey a subpoena, or refuse to be sworn or to answer as a witness, when lawfully ordered to do so.
G.  The principal office of the Court of Continuing Claims shall be situated in the City of Oklahoma City in quarters assigned by the Department of Central Services.  The Court of Continuing Claims may hold hearings in any city of this state.  The Tulsa Workers’ Compensation Court shall not be closed without the approval of the Legislature.
H.  All county commissioners and presiding district judges of this state shall make quarters available for the conducting of hearings by a judge of the Court of Continuing Claims upon request by the Court of Continuing Claims.
I.  The judges of the Court shall determine the qualifications necessary for the job of Administrator.  Said qualifications shall be submitted to the Chief Justice of the Supreme Court for approval, disapproval or modification.
J.  Judges of the Workers' Compensation Court of Continuing Claims may punish for direct contempt pursuant to Sections 565, 565.1 and 566 of Title 21 of the Oklahoma Statutes.
SECTION 3.     AMENDATORY     85 O.S. 2001, Section 1.2A, is amended to read as follows:
Section 1.2A  Notwithstanding other limits established by law, beginning January 1, 1998, the following judicial officers shall receive compensation for their services, payable monthly as follows:
A judge of the Workers' Compensation Court of Continuing Claims or Commissioner of the Workers’ Compensation Commission shall receive a salary as prescribed by Section 1.2 of Title 85 of the Oklahoma Statutes this title.
SECTION 4.     AMENDATORY     85 O.S. 2001, Section 1.3, as amended by Section 8, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 1.3), is amended to read as follows:
Section 1.3  A.  The chief administrative officer of the Workers' Compensation Court of Continuing Claims shall be the Administrator, who shall be subject to the general supervision of the presiding judge of the Court Workers' Compensation Commissioner, subject to the general administrative authority of the Chief Justice of the Supreme Court.
B.  The person serving as Administrator Commissioner on the date of passage and approval of this act November 1, 2011, shall continue to serve as Administrator the Commissioner of the Court, provided said person is serving as Administrator on the effective date of this act of Continuing Claims.
C.  Except as provided in subsection B of this section, the Administrator shall be appointed by the Governor.
D.  The salary of the Administrator shall be ninety percent (90%) of the authorized salary of a judge of the Court.
E.  The Administrator shall serve a six-year term.  During the term, the Administrator may be removed from office only for cause, as provided by law for the removal of officers not subject to impeachment, pursuant to the provisions of Sections 1181 through 1197 of Title 22 of the Oklahoma Statutes.
F.  An Administrator who otherwise qualifies to serve as a judge of the Court shall not be eligible to serve as a judge of the Court for a period of one (1) year from the last date served as Administrator of the Court.
G.  In addition to other duties set forth in Title 85 of the Oklahoma Statutes this title, the Administrator, subject to approval of the presiding judge, Commissioner shall organize, direct and develop the administrative work of the Court of Continuing Claims, including the docketing, clerical, technical and financial work, establish hours of operation, and perform such other duties relating to matters within the purview of the Court of Continuing Claims as any judge of the Court of Continuing Claims may request.
H. D.  The Administrator Commissioner shall employ other employees of the Court of Continuing Claims, within budgetary limitation, necessary to carry out the work and orders of the Court of Continuing Claims in an efficient and expedient manner.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.4 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created the position of Workers' Compensation Commissioner.  The Workers’ Compensation Commissioner shall be appointed by the Governor and shall be confirmed by the State Senate for a term of six (6) years.  The Commissioner shall be a full-time position and the Commissioner shall administer the provisions of this act.
The Commissioner shall be an attorney who shall have been engaged in active practice of law in the State of Oklahoma for not less than five (5) years next preceding the date of appointment and who shall have at least five (5) years of experience in workers’ compensation matters in Oklahoma.  The Commissioner shall also have not less than five (5) years of experience and expertise in senior executive level administration.
B.  The Commissioner shall receive a salary equal to that of a district judge of this state.  The salary shall be paid from the Workers’ Compensation Fund and shall be paid in the manner as are salaries of other state officials or employees.
C.  Effective November 1, 2011, the Workers' Compensation Court and all of the assets of the court shall be renamed the Workers' Compensation Commission.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.5 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  Under the jurisdiction of the Workers’ Compensation Commissioner there are hereby created the positions of benefit review officers, arbitrators, hearing officers and administrative law judges.  Benefit review officers shall be employees of the Commission and shall be located throughout the state as directed by the Commissioner.  Arbitrators and hearing officers shall be employees of the Commission and shall be located so that one each is permanently assigned to the Southeast, Southwest, Northwest and Northeast regions of the state.  Four additional arbitrators and hearing officers shall be hired by the Commission and shall be located two in Tulsa and two in Oklahoma City.  Administrative law judges shall serve in panels of three members and shall be located so that one panel each is permanently assigned to the Southeast, Southwest, Northwest and Northeast regions.  One panel shall be permanently located in Oklahoma City and one panel shall be permanently located in Tulsa. 
B.  The counties located in the Southeast region shall be:  Atoka, Bryan, Carter, Choctaw, Coal, Garvin, Haskell, Hughes, Johnston, Latimer, LeFlore, Love, Marshall, McCurtain, McIntosh, Murray, Okfuskee, Pittsburg, Pontotoc, Pushmataha and Seminole.
C.  The counties located in the Southwest region shall be: Beckham, Caddo, Comanche, Cotton, Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Stephens, Tillman and Washita.
D.  The counties located in the Northwest region shall be:  Alfalfa, Blaine, Beaver, Cimarron, Custer, Dewey, Ellis, Garfield, Grant, Harper, Kay, Kingfisher, Major, Noble, Payne, Roger Mills, Texas, Woods and Woodward. 
E.  The counties located in the Northeast region shall be: Adair, Cherokee, Craig, Delaware, Mayes, Muskogee, Nowata, Okmulgee, Ottawa, Sequoyah and Washington.
F.  The counties located in the Tulsa region shall be:  Creek, Osage, Pawnee, Rogers, Tulsa and Wagoner.
G.  The counties located in the Oklahoma City region shall be: Canadian, Cleveland, Lincoln, Logan, McClain, Oklahoma and Pottawatomie.
H.  All benefit review conferences, contested case hearings and arbitrations for workers’ compensation under Title 85 of the Oklahoma Statutes shall be heard in the region of the state where the accident occurred, where the claimant resided at the time of the injury or where the employer has its primary place of business.  The determination of regional venue shall be by the priority listed above, unless agreed to by both parties.  Upon agreement of the parties, the Commission may hold hearings related to a claim by a video conference. 
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.6 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  The Governor may remove the Workers’ Compensation Commissioner for inefficiency, neglect of duty, or misconduct in office.  The Governor shall provide in advance a copy of the causes or charges preferred and an opportunity to be publicly heard, in person or by counsel, upon not less than ten (10) days’ notice.  Such removal shall be confirmed by a majority of the Senate. 
B.  A representative of the Office of the Attorney General shall attend the proceedings and, upon the request of the Governor, shall advise or assist the Senate in the proceedings.  
C.  Either party may require the attendance and testimony of witnesses as provided in Title 12 of the Oklahoma Statutes.  
D.  If the Commissioner is removed, the Governor shall file in the Office of the Secretary of State a complete statement of all causes or charges made against the Commissioner and findings, together with a complete record of all proceedings and a transcript of testimony.  It shall constitute a public record of the state.  
E.  The Senate shall have the authority to subpoena and take testimony from any party to the removal, including, but not limited to, the Governor.  
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.7 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  The Workers’ Compensation Commissioner shall be considered an officer of the state and shall take the oath prescribed by the Oklahoma Constitution and the laws of Oklahoma.
B.  1.  The Workers' Compensation Commission shall maintain and keep open, during reasonable business hours, an office in Oklahoma City, for the transaction of business, at which office official records and papers shall be kept. 
2.  The Commissioner, benefit review officers, arbitrators, and hearing officers may hold sessions and conduct hearings at any local career and technology education center, also known as state-sponsored Career Tech, within the state. 
C.  The Commission shall have a seal for authentication of its orders, awards, and proceedings, which shall have inscribed the words: “Workers’ Compensation Commission, State of Oklahoma”.
SECTION 9.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.8 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  1.  For the purpose of administering the provisions of this act, the Workers’ Compensation Commissioner is authorized:
a.	to make such rules and regulations as may be found necessary,
b.	to appoint and fix the compensation of benefit review officers, arbitrators, hearing officers and administrative law judges and to appoint and to fix the compensation of clerical assistants and other officers and employees, and
c.	to make such expenditures, including those for personal services, rent, books, periodicals, office equipment, and supplies, for printing and binding as may be necessary.
2.  a.	Prior to the adoption, prescription, amendment modification, or repeal of any rule, regulation, or form, the Commission shall give at least forty-five (45) days’ notice of an intended action.  
b.	The notice shall include a statement of the terms or substance of the intended action or description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon.
c.	The notice shall be mailed to any person specified by law or who shall have requested advance notice of rule-making proceedings.
3.  The Commission shall afford all interested persons a reasonable opportunity to submit written data, views, or arguments, and, if the Commission in its discretion directs, oral testimony or argument.  The Commission shall comply with the Administrative Procedures Act.
4.  All expenditures of the Commission in the administration of this act shall be allowed and paid from the Workers’ Compensation Fund upon the presentation of itemized vouchers approved by the Commission.
B.  1.  The Commissioner may appoint as many persons to be examiners, experts, investigators, counselors, clerks, and other employees as deemed necessary to effectuate the provisions of this act.  
2.  Employees appointed pursuant to this section shall receive an annual salary to be fixed by the Commission within the appropriation made for the Commission.
C.  1. It shall be the duty of a benefit review officer to:
a.	mediate disputes between the parties and assist in the adjustment of the claim consistent with this act and the policies of the Commission,
b.	thoroughly inform all parties of their rights and responsibilities under this act, especially in a case in which the employee is not represented by an attorney or other representative,
c.	ensure that all documents and information relating to the employee's wages, medical condition, and any other information pertinent to the resolution of disputed issues are contained in the claim file at the conference, especially in a case in which the employee is not represented by an attorney or other representative, and
d.	prepare a written report that details each issue that is not resolved at the benefit review conference.
2.  A benefit review officer shall:
a.	be an employee of the Commission,
b.	be trained in the principles and procedures of dispute mediation, and
c.	complete at least forty (40) classroom hours of training in dispute resolution techniques from an alternative dispute resolution organization recognized by the Commissioner.
D.  The Commission shall institute and maintain an education and training program for benefit review officers and shall consult or contract with the Federal Mediation and Conciliation Service or other appropriate organizations for this purpose.
E.  1.  It shall be the duty of an arbitrator to:
a.	protect the interests of all parties,
b.	ensure that all relevant evidence has been disclosed to the arbitrator and to all parties, and
c.	render an award consistent with this title and the policies of the Commission.
2.  An arbitrator shall:
a.	be a member of the National Academy of Arbitrators,
b.	be on an approved list of the American Arbitration Association or Federal Mediation and Conciliation Service, or
c.	meet qualifications established by the Commissioner by rule.
F.  The Commission shall require that each arbitrator have appropriate training in the workers' compensation laws of this state.  The Commissioner shall establish procedures to carry out this subsection.
G.  1.  It shall be the duty of a hearing officer to:
a.	swear witnesses,
b.	receive testimony,
c.	allow examination and cross-examination of witnesses,
d.	accept documents and other tangible evidence,
e.	allow the presentation of evidence by affidavit, and
f.	ensure the preservation of the rights of the parties and the full development of facts required for the determinations to be made.  A hearing officer may permit the use of summary procedures, if appropriate, including witness statements, summaries, and similar measures to expedite the proceedings.
2.  A hearing officer shall be a licensed attorney.
H.  1.  The duties of administrative law judges serving in panels shall be as follows:
a.	the appeals panel shall consider:
(1)	the record developed at the contested case hearing, and
(2)	the written request for appeal and response filed with the appeals panel,
b.	the appeals panel may:
(1)	reverse the decision of the hearing officer and render a new decision, or
(2)	reverse the decision of the hearing officer and remand the case to the hearing officer for further consideration and development of evidence,
c.	the appeals panel may not remand a case more than once,
d.	a hearing on remand shall be accelerated and the Commissioner shall adopt rules to give priority to the hearing over other proceedings, and
e.	the appeals panel shall issue and maintain a precedent manual.  The precedent manual shall be composed of precedent-establishing decisions and may include other information as identified by the appeals panel.
SECTION 10.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.9 of Title 85, unless there is created a duplication in numbering, reads as follows:
Any member or employee of the Workers’ Compensation Commission shall be entitled to receive necessary travel expenses actually incurred and for subsistence while traveling on official business and away from the designated station of that member or employee.  The expenses shall be certified by the person who incurred them and shall be allowed and paid upon presentation of vouchers approved by the Commission.
SECTION 11.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.10 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  In addition to its other duties and powers, the Workers’ Compensation Commission is granted full power and authority to:
1.  Hear and determine all claims for compensation, including, but not limited to, claims based upon injuries that occurred outside the state for which compensation is payable under this act;
2.  Employ a Chief Medical Officer and special medical examiners and advisors as necessary who shall be paid a reasonable amount per day to be determined by the Commission, plus reasonable travel expenses;
3.  Hear appeals from orders made by the Chief Medical Officer regarding ratings of permanent disability, need for medical services or assignment of independent medical evaluations;
4.  Approve claims for medical services and attorney fees; 
5.  Excuse failure to give notice either of injury or death of any employee;
6.  Make, modify, or rescind awards, and make and enter findings of fact and rulings of law;
7.  Enter orders in appealed cases;
8.  Determine the time for the payment of compensation and order the reimbursement of employers for amounts advanced;
9.  Assess penalties; 
10.  Prescribe rules and regulations governing the representation of employees, employers, and carriers in respect to claims before the Commission;
11.  Issue subpoenas, administer oaths, and take testimony, by deposition or otherwise;
12.  Have and exercise all other powers and duties conferred or imposed by this act; and
13.  Transfer the excess of income over expenses from the Commission’s annual educational conference to any nonprofit charitable organization designed to provide scholarships to children of workers who have been killed or become permanently and totally disabled from a compensable injury, including, but not limited to, any accumulation from prior years’ conferences. 
B.  1.  In addition to the other powers and duties granted to the Commission in this section and otherwise provided by law, the Commission is authorized to establish and impose reasonable fees to recover the cost of preparation of various informative materials distributed by the Commission. 
2.  The fees shall be established by regulation of the Commission. 
3.  Funds derived from fees shall be deposited in the Workers’ Compensation Fund to be used to defray expenses incurred in preparation and distribution of materials.  
SECTION 12.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.11 of Title 85, unless there is created a duplication in numbering, reads as follows:
On or before the first day of the regular session of the Legislature, the Workers’ Compensation Commissioner shall make to the Governor and to the Legislature a report of the administration of this act for the preceding annual period.  
SECTION 13.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.12 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  Except for public employers and as otherwise provided by law, an employer may elect to obtain workers’ compensation insurance coverage.
B.  An employer who elects to obtain coverage shall be subject to the provisions of Title 85 of the Oklahoma Statutes.
SECTION 14.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.13 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  An employer who does not obtain workers’ compensation insurance coverage shall notify the Insurance Department and the Workers’ Compensation Commission in writing, as prescribed by the Insurance Commissioner, that the employer elects not to obtain coverage.
B.  The Insurance Commissioner shall prescribe forms to be used for the employer notification and shall require the employer to provide reasonable information to the Insurance Department and the Workers' Compensation Commission about the employer’s business.
C.  The employer notification filing required under this section shall be filed with the Insurance Department.
D.  An employer commits an administrative violation if the employer fails to comply with this section.
SECTION 15.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.14 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  Employers shall notify a new employee of the existence or absence of workers’ compensation insurance coverage at the time the employee is hired.
B.  Each employer shall post a notice of whether the employer has workers’ compensation insurance coverage at conspicuous locations at the employer’s place of business as necessary to provide reasonable notice to the employees.  The Insurance Commissioner may adopt rules relating to the form and content of the notice.  The employer shall revise the notice when the information contained in the notice is changed.
C.  An employer who obtains workers’ compensation insurance coverage or whose coverage is terminated or canceled shall notify each employee that the coverage has been obtained, terminated, or canceled not later than fifteen (15) days after the date on which the coverage, or the termination or cancellation of the coverage, takes effect.
SECTION 16.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.15 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  In an action against an employer who does not have workers’ compensation insurance coverage to recover damages for personal injuries sustained by an employee in the course and scope of the employment, it shall not be a defense that:
1.  The employee was guilty of contributory negligence;
2.  The employee assumed the risk of injury or death; or
3.  The injury or death was caused by the negligence of a fellow employee.
B.  The employer may defend the action on the ground that the injury was caused: 
1.  By an act of the employee intended to bring about the injury; or
2.  While the employee was in a state of intoxication. 
C.  In an action described in subsection A of this section against an employer who does not have workers’ compensation insurance coverage, the plaintiff shall prove negligence of the employer or of an agent or servant of the employer acting within the general scope of the agent’s or servant’s employment.
D.  A cause of action described in subsection A of this section shall not be waived by an employee before the employee’s injury or death.  Any agreement by an employee to waive a cause of action or any right described in subsection A of this section prior to the employee’s injury or death shall be void and unenforceable. 
E.  A cause of action described in subsection A of this section may not be waived by an employee after the employee’s injury unless: 
1.  The employee voluntarily enters into the waiver with knowledge of the waiver’s effect;
2.  The waiver is entered into not earlier than ten (10) business days after the date of the initial report of injury;
3.  The employee, before signing the waiver, has received a medical evaluation from a nonemergency care doctor; and
4.  The waiver is in a writing under which the true intent of the parties is specifically stated in the document.
F.  The waiver provisions required under subsection E of this section shall be conspicuous and appear on the face of the agreement.  To be conspicuous, the waiver provisions must appear in a type larger than the type contained in the body of the agreement or in contrasting colors.
SECTION 17.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1.16 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  Except as otherwise provided by law, unless the employee gives notice as provided by subsection B of this section, an employee of an employer waives the employee’s right of action at common law or under a statute of this state to recover damages for personal injuries or death sustained in the course and scope of the employment.
B.  An employee who desires to retain the common-law right of action to recover damages for personal injuries or death shall notify the employer in writing that the employee waives coverage under this section and retains all rights of action under common law.  The employee must notify the employer not later than five (5) days after the date on which the employee:
1.  Begins the employment; or
2.  Receives written notice from the employer that the employer has obtained workers’ compensation insurance coverage if the employer is not a covered employer at the time of the employment but later obtains the coverage. 
C.  An employer shall not require an employee to retain common-law rights under this section as a condition of employment. 
D.  An employee who elects to retain the right of action or a legal beneficiary of that employee may bring a cause of action for damages for injuries sustained in the course and scope of the employment under common law or under a statute of this state.
SECTION 18.     AMENDATORY     85 O.S. 2001, Section 2.1, is amended to read as follows:
Section 2.1  Commencing January 1, 1979, compensation provided for in the Workers' Compensation Act shall be payable to an employee for injuries arising out of and in the course of his employment.  The As provided in Section 13 of this act, any employer may elect to obtain workers’ compensation insurance.  In addition, the Workers' Compensation Act shall not apply to the following employees:
1.  Any person who is employed as a domestic servant or as a casual worker in and about a private home or household, which private home or household had a gross annual payroll in the preceding calendar year of less than Ten Thousand Dollars ($10,000.00) for such workers.;
2.  Any person for whom an employer is liable under any Act of Congress for providing compensation to employees for injuries, disease or death arising out of and in the course of employment including, but not limited to, the Federal Employees' Compensation Act, the Federal Employers' Liability Act, the Longshoremen's and Harbor Workers' Act and the Jones Act, to the extent his employees are subject to such acts.;
3.  Any person who is employed in agriculture or horticulture by an employer who had a gross annual payroll in the preceding calendar year of less than One Hundred Thousand Dollars ($100,000.00) cash wages for agricultural or horticultural workers.; or
4.  Any person who is a licensed real estate sales associate or broker, paid on a commission basis.
SECTION 19.     AMENDATORY     85 O.S. 2001, Section 2.6, as last amended by Section 1, Chapter 84, O.S.L. 2010 (85 O.S. Supp. 2010, Section 2.6), is amended to read as follows:
Section 2.6  A.  An As provided in Section 13 of this act, any employer may elect to obtain workers’ compensation insurance.  In addition, an employer, as defined in Section 3 of this title, with five or less total employees, all of whom are related by blood or marriage to:
1.  The employer if the employer is a natural person;
2.  A general or limited partner if the partnership is the employer;
3.  The member of an association or limited liability company responsible for forming the association or limited liability company if the association or limited liability company is the employer; or
4.  An incorporator of a corporation if the corporation is the employer, 
shall be exempt from the Workers' Compensation Act.
B.  The spouse of any employer who is exempt from the Workers' Compensation Act shall also be exempt.
SECTION 20.     AMENDATORY     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), is amended to read as follows:
Section 3.  As used in the Workers’ Compensation Act:
1.  “Administrator” means the Administrator Commissioner of workers’ compensation as provided for in the Workers’ Compensation Act;
2.  “Amount in dispute” means the dollar value of any permanent disability award granted to the employee by the Court for a disability claim which is greater than the dollar amount offered by the employer to the employee for such disability claim if the employer admits compensability within twenty (20) days of the filing of the Employee’s First Notice of Accidental Injury and Claim for Compensation, has not disputed medical treatment, and has made a written settlement offer within fifteen (15) thirty (30) days of the employee reaching maximum medical improvement;
3.  “Arbitration” means the proceeding an injured employee may select in the event the benefit review conference does not result in the resolution of significant disputes between the employer and the employee;
4.  “Arbitrator” means the attorney appointed to hear issues unresolved at the benefit review conference;
5.  “Benefit review conference” means the nonadversarial, informal dispute resolution proceeding designed to:
a.	explain, orally and in writing, the rights of the respective parties to a workers' compensation claim and the procedures necessary to protect those rights,
b.	discuss the facts of the claim, review available information in order to evaluate the claim, and delineate the disputed issues, and
c.	mediate and resolve disputed issues by agreement of the parties in accordance with this title and the policies of the Commission;
6.  “Benefit review officer” means an employee of the Commission trained in dispute mediation who resolves disputes between employers and employees and identifies issues the parties are unable to resolve;
7.  “Case management” means the ongoing coordination, by a case manager, of health care services provided to an injured or disabled worker, including, but not limited to:
a.	systematically monitoring the treatment rendered and the medical progress of the injured or disabled worker,
b.	ensuring that any treatment plan follows all appropriate treatment protocols, utilization controls and practice parameters,
c.	assessing whether alternative health care services are appropriate and delivered in a cost-effective manner based upon acceptable medical standards, and
d.	ensuring that the injured or disabled worker is following the prescribed health care medical treatment plan which follows acceptable medical standards as adopted by the Chief Medical Officer with the advice of the Physician Advisory Committee.  Any final decision in authorizing medical care or treatment, including, but not limited to, medical device equipment or prescription drug authorization, shall be the sole responsibility of the loss adjuster, unless such responsibility has been delegated to another in writing;
4. 8.  “Case manager” means a person who:
a.	is a registered nurse with a current, active unencumbered license from the Oklahoma Board of Nursing, or
b.	possesses one or more of the following certifications which indicate the individual has a minimum number of years of case management experience, has passed a national competency test and regularly obtains continuing education hours to maintain certification:
(1)	Certified Disability Management Specialist (CDMS),
(2)	Certified Case Manager (CCM),
(3)	Certified Rehabilitation Registered Nurse (CRRN),
(4)	Case Manager – Certified (CMC),
(5)	Certified Occupational Health Nurse (COHN), or
(6)	Certified Occupational Health Nurse Specialist (COHN-S).
The case manager’s objective is to arrange for the delivery of cost-effective services that meet the patient’s medical needs.  The case manager acts both as an ombudsman for the patient and as an agent of the payor;
5. 9.  “Child” means any dependent child as defined by the Internal Revenue Service; 
10.  “Claimant” means a person who claims benefits for an injury pursuant to the provisions of the Workers’ Compensation Act;
6. 11.  Commission” means the Workers’ Compensation Commission;
12.  "Commissioner" means the Commissioner of the Workers' Compensation Commission;
13.   a.	“Compensable injury”:
(1)	means any injury or occupational illness, causing internal or external harm to the body, which arises out of and in the course of employment if such employment was the major cause of the specific injury or illness.  An injury, other than cumulative trauma, is compensable only if it is caused by a specific incident and is identifiable by time, place and occurrence unless it is otherwise defined as compensable in this title.  A compensable injury shall be established by objective medical evidence, as defined in this section.  An injury by accident is compensable only if the accident was the prevailing factor in causing both the resulting medical condition and disability.  The "prevailing factor” is defined to be the primary factor, in relation to any other factor, causing both the resulting medical condition and disability supported by objective medical finding,
(2)	includes heart-related or vascular injury, illness or death only if an accident or the claimant’s employment is the major cause of the heart-related or vascular injury.  A heart-related or vascular injury, illness, or death is a compensable injury only if, in relation to other factors contributing to the physical harm, an accident is the major cause of the physical harm. 
An injury, illness or death included in this subparagraph shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate disability or death was extraordinary and unusual in comparison to the usual work of the employee in the course of the regular employment of the employee, or alternatively, that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm.  Stress, physical or mental, shall not be considered in determining whether the employee or claimant has met the burden of proof.
The injury shall be established by objective medical evidence, as defined in this section.  The employee has the burden of proof to establish by a preponderance of the evidence that such unexpected or unforeseen injury was in fact caused by the employment.  There is no presumption from the mere occurrence of such unexpected or unforeseen injury that the injury was in fact caused by the employment,
(3)	includes personal property which is used to make up the physical structure of the body, such as artificial dentures, artificial limbs, glass eyes, eye glasses and other prostheses which are placed in or on the body to replace the physical structure which became damaged as a result of the injury,
(4)	includes injury due to the willful act of a third person directed against an employee because of the employee’s employment, and
(5)	includes an injury or disease resulting from a vaccine administered at the direction of the employer or in response to a declaration by the Secretary of the United States Department of Health and Human Services under the Public Health Services Act to address an actual or potential health risk related to the employee’s employment.
b.	“Compensable injury” shall not include:
(1)	mental injury that is unaccompanied by physical injury, except in the case of rape, holdups, witnessing killings, or violent death which arises out of and in the course of employment,
(2)	alcoholism and disabilities attributable thereto,
(3)	drug addiction or disabilities resulting therefrom, except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician and the employee followed the dosage prescribed,
(4)	an employee’s use of a motor vehicle that was provided to the employee by a motor vehicle dealer and bears a dealer’s license plate for commuting to or from work or any other nonwork activity,
(5)	injury or disability caused primarily by the natural deterioration of tissue, an organ or part of the body, nor by the ordinary, gradual deterioration or progressive degeneration caused by the aging process, unless the employment is a major cause of the deterioration or degeneration and is supported by objective medical evidence,
(6)	an injury incurred by an employee by the employee’s willful intention to injure oneself or another, 
(7)	an injury or disease caused by exposure to a toxic substance, including, but not limited to, asbestos, silica, fungus or mold, unless there is a preponderance of the evidence establishing that exposure to the specific substance involved, at the levels to which the employee was exposed, can cause the injury or disease sustained by the employee,
(8)	a claim for mental stress resulting solely from disciplinary action taken in good faith by the employer,
(9)	an injury resulting directly or indirectly from idiopathic causes,
(10)	any contagious or infectious disease unless it arises out of and occurs during the course of employment,
(11)	death due to natural causes occurring while the worker is at work,
(12)	injury which was inflicted upon the employee at a time when employment services were not being performed or before the employee was hired or after the employment relationship was terminated, or
(13)	injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of the orders of a physician.
(a)	The presence of alcohol, illegal drugs, or prescription drugs used in contravention of orders of a physician shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of orders of a physician.
(b)	Every employee is deemed by his or her performance of services to have impliedly consented to reasonable and responsible testing by properly trained medical or law enforcement personnel for the presence of any of the aforementioned substances in the body of the employee. 
(c)	An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription utilized in contravention of the orders of the physician did not substantially occasion the injury or accident.
(d)	Notwithstanding Section 554 of Title 40 of the Oklahoma Statutes, a public or private employer may require an employee to undergo drug or alcohol testing if the employee or another person has sustained a work-related injury.  For purposes of workers’ compensation, an employee who tests positive for the presence of substances defined and consumed pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes, alcohol, or prescription drugs not prescribed by the employee’s treating medical provider shall not be eligible for such compensation unless the employee proves by a preponderance of the evidence that the substances or alcohol were not the proximate cause of the injury or accident.
c.	A compensable injury shall be established by medical evidence supported by objective findings as defined in this act.
d.	The burden of proof of a compensable injury shall be on the employee.
e.	When an employee is determined to have a compensable injury, the employee is entitled to medical and temporary disability as provided by this section.
(1)	Permanent benefits shall be awarded only upon a determination that the compensable injury was the major cause of the disability or impairment.
(2)	If any compensable injury combines with a preexisting disease or condition or the natural process of aging to cause or prolong disability or a need for treatment, permanent benefits shall be payable for the resultant condition only if the compensable injury is the major cause of the permanent disability or need for treatment.
(3)	Under this subparagraph, benefits shall not be payable for a condition which results from a non-work-related independent intervening cause following a compensable injury which causes or prolongs disability or a need for treatment.  A non-work-related independent intervening cause does not require negligence or recklessness on the part of a claimant.
(4)	Nothing in this subparagraph shall limit the payment of rehabilitation benefits or benefits for disfigurement as set forth in this section.
f.	Aging and the effects of aging on a compensable injury are not to be considered in determining whether there has been a change in physical condition.  Nor shall aging or the effect of aging on a compensable injury be considered in determining permanent disability pursuant to this section or any other section in this act.  The purpose and intent of this section is to annul any and all case law inconsistent with this section;
14.  “Contested case hearing” means the proceeding an employee may select in the event the benefit review conference does not result in the resolution of significant disputes between the employer and the employee;
15.  “Court” means the Workers’ Compensation Court of Continuing Claims, the Workers’ Compensation Commission, the Chief Medical Officer or any of the administrative law judges;
16.  “Compensation” means the benefit payable to the employee or the dependents of the employee in the form of:
a.	temporary total or temporary partial disability payments,
b.	permanent partial or permanent total disability payments, settlements or awards, and
c.	other compensation which may include medical care, prescription costs, other fees or costs associated with physical or vocational rehabilitation and funeral expenses. 
Compensation shall be computed on the average weekly wage earned by the employee in force at the time of the accident.  Where the injured employee was working other than full time, the average weekly wage shall be determined by dividing the earnings of the employee by the number of hours required to earn the wages during the period not to exceed fifty-two (52) weeks preceding the week in which the accident occurred and by multiplying this hourly wage by the number of hours in a full-time work week as set out in this title, as it applies to the claimant;
7. 17.  “Cumulative trauma” means a compensable injury, the major cause of which results from employment activities which are repetitive in nature and engaged in over a period of time and which is supported by objective medical evidence as defined in this section;
8. 18.  “Death” means only death resulting from a compensable injury as defined in this title;
19.  “Employer”, except when otherwise expressly stated, means a person, partnership, association, limited liability company, corporation, and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association, corporation, or limited liability company, departments, instrumentalities and institutions of this state and divisions thereof, counties and divisions thereof, public trusts, boards of education and incorporated cities or towns and divisions thereof, employing a person included within the term “employee” as herein defined.  “Employer” may also include the insurance company or representative of the insurance company of the employer, if appropriate;
9. 20.  “Employee” means any person engaged in the employment of any person, firm, limited liability company or corporation covered by the terms of the Workers’ Compensation Act, and shall include workers associating themselves together under an agreement for the performance of a particular piece of work, in which event such persons so associating themselves together shall be deemed employees of the person having the work executed; provided, that if such associated workers shall employ a worker in the execution of such contract, then as to such employed worker, both the associated employees and the principal employer shall at once become subject to the provisions of the Workers’ Compensation Act relating to independent contractors.  Sole proprietors, members of a partnership, individuals who are party to a franchise agreement as set out by the Federal Trade Commission franchise disclosure rule, 16 CFR 436.1 through 436.11, members of a limited liability company who own at least ten percent (10%) of the capital of the limited liability company or any stockholder-employees of a corporation who own ten percent (10%) or more stock in the corporation are specifically excluded from the foregoing definition of “employee”, and shall not be deemed to be employees as respects the benefits of the Workers’ Compensation Act.  Provided, a sole proprietor, member of a partnership, member of a limited liability company who owns at least ten percent (10%) of the capital of the limited liability company or any stockholder-employee of a corporation who owns ten percent (10%) or more stock in the corporation who does not so elect to be covered by a policy of insurance covering benefits under the Workers’ Compensation Act, when acting as a subcontractor, shall not be eligible to be covered under the prime contractor’s policy of workers’ compensation insurance; however, nothing herein shall relieve the entities enumerated from providing workers’ compensation insurance coverage for their employees.  Sole proprietors, members of a partnership, members of a limited liability company who own at least ten percent (10%) of the capital of the limited liability company or any stockholder-employees of a corporation who own ten percent (10%) or more stock in the corporation may elect to include the sole proprietors, any or all of the partnership members, any or all of the limited liability company members or any or all stockholder-employees as employees, if otherwise qualified, by endorsement to the policy specifically including them under any policy of insurance covering benefits under the Workers’ Compensation Act.  When so included, the sole proprietors, members of a partnership, members of a limited liability company or any or all stockholder-employees shall be deemed to be employees as respects the benefits of the Workers’ Compensation Act.  “Employee” shall also include any person who is employed by the departments, instrumentalities and institutions of this state and divisions thereof, counties and divisions thereof, public trusts, boards of education and incorporated cities or towns and divisions thereof.  “Employee” shall also include a member of the Oklahoma National Guard while in the performance of duties only while in response to state orders and any authorized voluntary or uncompensated worker, rendering services as a firefighter, peace officer or emergency management worker.  Provided, “employee” shall not include any other person providing or performing voluntary service who receives no wages for the services other than meals, drug or alcohol rehabilitative therapy, transportation, lodging or reimbursement for incidental expenses.  “Employee” shall also include a participant in a sheltered workshop program which is certified by the United States Department of Labor.  “Employee” shall not include a person, commonly referred to as an owner-operator, who owns or leases a truck-tractor or truck for hire, if the owner-operator actually operates the truck-tractor or truck and if the person contracting with the owner-operator is not the lessor of the truck-tractor or truck.  Provided, however, an owner-operator shall not be precluded from workers’ compensation coverage under the Workers’ Compensation Act if the owner-operator elects to participate as a sole proprietor.  “Employee” shall not include a person referred to as a drive-away owner-operator who privately owns and utilizes a tow vehicle in drive-away operations and operates independently for hire, if the drive-away owner-operator actually utilizes the tow vehicle and if the person contracting with the drive-away owner-operator is not the lessor of the tow vehicle.  Provided, however, a drive-away owner-operator shall not be precluded from workers’ compensation coverage under the Workers’ Compensation Act if the drive-away owner-operator elects to participate as a sole proprietor;
10. 21.  “Drive-away operations” include every person engaged in the business of transporting and delivering new or used vehicles by driving, either singly or by towbar, saddle mount or full mount method, or any combination thereof, with or without towing a privately owned vehicle;
11. 22.  “Employment” includes work or labor in a trade, business, occupation or activity carried on by an employer or any authorized voluntary or uncompensated worker rendering services as a firefighter, peace officer or emergency management worker;
12.  “Compensation” means the money allowance payable to an employee as provided for in the Workers’ Compensation Act;
13.	a.	“Compensable injury” means any injury or occupational illness, causing internal or external harm to the body, which arises out of and in the course of employment if such employment was the major cause of the specific injury or illness.  An injury, other than cumulative trauma, is compensable only if it is caused by a specific incident and is identifiable by time, place and occurrence unless it is otherwise defined as compensable in this title.  A compensable injury must be established by objective medical evidence, as defined in this section.
b.	“Compensable injury” includes heart-related or vascular injury, illness or death only if an accident or the claimant’s employment is the major cause of the heart-related or vascular injury.  Such injury shall be compensable only if it is demonstrated that the exertion necessary to produce the harm was extraordinary and unusual in comparison to other occupations and that the occupation was the major cause of the harm.  The injury must be established by objective medical evidence, as defined in this section.
c.	“Injury” or “personal injury” shall not include mental injury that is unaccompanied by physical injury, except in the case of rape which arises out of and in the course of employment.
d.	“Compensable injury” shall not include the ordinary, gradual deterioration or progressive degeneration caused by the aging process, unless the employment is a major cause of the deterioration or degeneration and is supported by objective medical evidence, as defined in this section; nor shall it include injury incurred while engaging in, performing or as the result of engaging in or performing any recreational or social activities;
14. 23.  “Healing period” means that period for healing of an injury resulting from an accident;
24.  “Hearing officer” means the attorney who presides over contested case hearings in the event issues remain unresolved after the benefit review conference;
25.  “Insurance Commissioner” means the Insurance Commissioner of the state;
26.  a.	“Major cause” means the predominant cause of the resulting injury or illness is more than fifty-one percent (51%) of the cause.
b.	A finding of major cause shall be established according to the preponderance of the objective medical evidence only.
c.	A determination that a work-related injury or illness is noncompensable for any reason, including a finding that the workplace was not a major cause of the injury or illness, shall not adversely affect the exclusive remedy provisions of this title, and shall not create a separate cause of action outside of this title;
27.  “Objective findings” are those findings which cannot come under the voluntary control of the patient.
a.	When determining physical or anatomical impairment, neither a physician, any other medical provider, and administrative law judge, the Workers’ Compensation Commission, nor the courts may consider complaints of pain.
b.	For the purpose of making physical or anatomical impairment ratings to the spine, straight–leg-raising tests or range-of-motion tests shall not be considered objective finding.
c.	Objective evidence necessary to prove physical or anatomical impairment in occupational hearing-loss cases may be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability.
d.	Any difference in the baseline hearing levels must be confirmed with a subsequent test within four (4) weeks following the initial test or tests performed pursuant to subparagraph c of this paragraph but not before five (5) days and being adjusted for presbycusis.
e.	Objective findings in support of medical evidence are verifiable indications of injury or disease that may include, but are not limited to, range of motion, atrophy, muscle strength and palpable muscle spasm.  “Objective findings” does not include physical findings or subjective responses to physical examinations that are not reproducible, measurable or observable.
f.	Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty.  Any medical opinion addressing the issue of compensability must be based on the treatment guidelines adopted under this title, and any medical opinion addressing permanent impairment must be based on the Commission’s most recently adopted version of the American Medical Association’s "Guides to the Evaluation of Permanent Impairment", excluding pain; 
28.  “Wages” means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer;
15. 29.  “Insurance carrier” shall include CompSource Oklahoma, stock corporations, reciprocal or interinsurance associations, or mutual associations with which employers have insured, and employers permitted to pay compensation, directly under the provisions of paragraph 4 of subsection A of Section 61 of this title.  Whenever required by the context, the term “insurance carrier” shall be deemed to include duly qualified self-insureds or self-insured groups;
16.  “Major cause” means more than fifty percent (50%) of the resulting injury, disease or illness.  A finding of major cause shall be established by a preponderance of the evidence.  A finding that the workplace was not a major cause of the injury, disease or illness shall not adversely affect the exclusive remedy provisions of this title and shall not create a separate cause of action outside of this title;
17.  “Objective medical evidence” means evidence which meets the criteria of Federal Rule of Evidence 702 and all U.S. Supreme Court case law applicable thereto.  Objective findings are those findings which cannot come under the voluntary control of the patient.  When determining physical or anatomical impairment, neither a physician, any other medical provider, a judge of the Workers’ Compensation Court, nor the courts may consider complaints of pain.  For the purpose of making physical or anatomical impairment ratings to the spine, physicians shall use criteria established by the AMA guides or modifications thereto as approved by the Legislature.  Objective evidence necessary to prove physical or anatomical impairment in occupational hearing loss cases may be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability.  Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty;
18. 30.  “Occupational disease” means only that disease or illness which is due to causes and conditions characteristic of or peculiar to the particular trade, occupation, process or employment in which the employee is exposed to such disease.  An occupational disease arises out of the employment only if the employment was the major cause of the resulting occupational disease and such is supported by objective medical evidence, as defined in this section.  No compensation shall be payable for any ordinary disease of life to which the general public is exposed;
19. 31.  “Permanent impairment” means any anatomical abnormality after maximum medical improvement has been achieved, which abnormality or loss the physician considers to be capable of being evaluated at the time the rating is made.  Except as otherwise provided herein, any examining physician shall only evaluate impairment in accordance with the latest publication of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment” in effect at the time of the injury and as adopted by the Physician Advisory Committee and approved by the Chief Medical Officer.  Such guides shall be in force one hundred twenty (120) days after approval by the Chief Medical Officer.  The Physician Advisory Committee may, pursuant to Section 201.1 of this title, recommend the adoption of a method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s “Guides to the Evaluation of Permanent Impairment”.  Such recommendation shall be made to the Administrator of the Workers’ Compensation Court who may adopt the recommendation in part or in whole.  The adopted method or system shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s “Guides to the Evaluation of Permanent Impairment” shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Such method or system shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the adopted method or system to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves it in part.  If adopted, permanent impairment shall be evaluated only in accordance with the latest version of the alternative method or system in effect at the time of injury.  Except as otherwise provided in Section 11 of this title, all evaluations shall include an apportionment of injury causation.  However, revisions to the guides made by the American Medical Association which are published after January 1, 1989, and before January 1, 1995, shall be operative one hundred twenty (120) days after the last day of the month of publication.  Revisions to the guides made by the American Medical Association which are published after December 31, 1994, may be adopted in whole or in part by the Administrator following recommendation by the Physician Advisory Committee.  Revisions adopted by the Administrator shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such revisions shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Revisions shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the revisions to the Governor and the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves them in part.  The examining physician shall not follow the guides based on race or ethnic origin.  The examining physician shall not deviate from said guides or any alternative thereto except as may be specifically provided for in the guides or modifications to the guides or except as may be specifically provided for in any alternative or modifications thereto, adopted by the Administrator of the Workers’ Compensation Court as provided for in Section 201.1 of this title.  These officially adopted guides or modifications thereto or alternative system or method of evaluating permanent impairment or modifications thereto shall be the exclusive basis for testimony and rating conclusions with regard to permanent impairment with the exception of paragraph 3 of Section 22 of this title, relating and as it relates to individual scheduled member injury or loss; and impairment, including pain, and these officially adopted guides shall be the exclusive basis for testimony and rating conclusions with regard to permanent impairment combining scheduled member injury or loss of function or loss of strength,.  Permanent impairment may be awarded with respect to those injuries or areas of the body not specifically covered by said guides or alternative to said guides.  However, in no event shall scheduled member injury or impairment, including injuries to the shoulder or hip, be converted or combined to the body as a whole.  All evaluations of permanent impairment must be supported by objective medical evidence and shall not include pain;
20. 32.  “Permanent total disability” means incapacity because of accidental injury or occupational disease to earn any wages in any employment for which the employee may become physically suited and reasonably fitted by education, training or experience, including vocational rehabilitation; loss of both hands, or both feet, or both arms, or both legs, or both eyes, or any two thereof, shall constitute permanent total disability;
21. 33.  “Permanent partial disability” means permanent disability which is less than total and shall be equal to or the same as permanent impairment;
22. 34.  “Maximum medical improvement” means that no further material improvement would reasonably be expected from medical treatment or the passage of time;
23. 35.  “Independent medical examiner” means a licensed physician authorized to serve as a medical examiner pursuant to Section 17 of this title;
24. 36.  “Certified workplace medical plan” means an organization of health care providers or any other entity, certified by the State Commissioner of Health pursuant to Section 14.3 of this title, that is authorized to enter into a contractual agreement with a self-insured employer, group self-insurance association plan, an employer’s workers’ compensation insurance carrier or an insured, which shall include any member of an approved group self-insured association, policyholder or public entity, regardless of whether such entity is insured by CompSource Oklahoma, to provide medical care under the Workers’ Compensation Act.  Certified plans shall only include such plans which provide medical services and payment for services on a fee-for-service basis to medical providers and shall not include other plans which contract in some other manner, such as capitated or pre-paid plans; 
25. 37.  “Treating physician” means the licensed physician selected as provided in Section 14 of this title;
26. 38.  “Continuing medical maintenance” means medical treatment that is reasonable and necessary to maintain claimant’s condition resulting from the compensable injury or illness after reaching maximum medical improvement.  Continuing medical maintenance shall not include diagnostic tests, surgery, injections, counseling, physical therapy, or pain management devices or equipment, unless specifically authorized by the Workers’ Compensation Court in advance of such treatment;
27. 39.  “Surgery” does not include an injection, or the forcing of fluids beneath the skin, for treatment or diagnosis;
28. 40. “Evidence-based” means expert-based, literature-supported and outcomes validated by well-designed randomized trials when such information is available and which uses the best available evidence to support medical decision making;
29. 41.  “Nationally recognized” includes, but is not limited to, syntheses of clinical issues that may take the form of published reports in the scientific literature, national consensus documents, formalized documents addressing standards of practice, practice parameters from professional societies or commissions, and technology assessments produced by independent evidence-based practice centers;
30. 42.  “Scientifically based” involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to medical testing, diagnoses and treatment; is adequate to justify the general conclusions drawn; and has been accepted by a peer-review journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review;
31. 43.  “Peer review” means the process of subjecting submitted manuscripts, guidelines, or other clinical or scholarly work to the scrutiny of others who are experts in the same field; and
32. 44.  “State-developed” includes formalized treatment guidelines developed and adopted by state governments, or by the Workers’ Compensation Court upon recommendation of the Physician Advisory Committee.
SECTION 21.     AMENDATORY     85 O.S. 2001, Section 3.1, is amended to read as follows:
Section 3.1  A.  In respect to death benefits under the Workers' Compensation Act, the following definitions shall apply:
(1) 1.  "Actually dependent" means:
a.	a surviving spouse as defined in this section;,
b.	a child as defined in this section; act, or
c.	any other person dependent in fact upon the employee and refers only to a person who receives one‑half (1/2) or more of his support from the employee;
(2) 2.  "Surviving spouse" means only the employee's spouse living with or actually dependent upon the employee at the time of his injury or death, or living apart for justifiable cause or by reason of desertion by the employee;
(3) 3.  "Child" means a natural or adopted son or daughter of the employee under eighteen (18) years of age; or a natural or adopted son or daughter of an employee eighteen (18) years of age or over and physically or mentally incapable of self‑support; or any natural or adopted son or daughter of an employee eighteen (18) years of age or over who is actually dependent; or any natural or adopted son or daughter of an employee between eighteen (18) and twenty‑three (23) years of age who is enrolled as a full‑time student in any accredited educational institution.  The term "child" includes a posthumous child, a child legally adopted or one for whom adoption proceedings are pending at the time of death, an actually dependent stepchild or an actually dependent acknowledged child born out of wedlock any dependent child as defined by the Internal Revenue Service;
(4) 4.  "Grandchild" means a child of a child, as herein defined;
(5) 5.  "Brother" and "sister" means mean a sibling of the employee under eighteen (18) years of age, eighteen (18) years of age or over and physically or mentally incapable of self‑support, eighteen (18) years of age or over and actually dependent and brothers and sisters by adoption.  Married brothers or married sisters shall not be included except as provided in paragraph (1) 1 of this section subsection; and
(6) 6.  "Parent" means a mother or father, a stepparent, a parent by adoption and a parent‑in‑law, if actually dependent in each case except as provided in paragraph (1) 1 of this section subsection.
B.  All questions of relationship and dependency shall be determined as of the time of injury for purposes of income benefits for injury, and as of the time of death for purposes of income benefits for death.
SECTION 22.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.1a of Title 85, unless there is created a duplication in numbering, reads as follows:
Compensation to alien nonresident dependents of the United States shall be the same in amount as provided for resident dependents, except that alien nonresident dependents in any foreign country shall be limited to the surviving spouse or minor children or both surviving spouse and minor children.
SECTION 23.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.4a of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  For all claims with respect to an injury occurring on or after November 1, 2011, an employee or a person acting on the employee's behalf shall notify the employer of an injury no later than thirty (30) days after the date:
1.  The injury occurred; or
2.  If the injury is an occupational disease, the employee knew or should have known that the injury may be related to the employment.
B.  The notice required under subsection A of this section shall be given to:
1.  The employer; or
2.  An employee holding a supervisory or management position.
C.  If the injury is an occupational disease, for purposes of this section, the employer is the person who employed the employee on the date of last injurious exposure to the hazards of the disease.
D.  The employer shall report to the insurance carrier of the employer if:
1.  The injury results in the absence of the employee for more than one (1) day; or
2.  The employee notifies the employer of an occupational disease.
E.  The report required pursuant to subsection D of this section shall be created no later than eight (8) days after:
1.  The employee's absence from work for more than one (1) day due to an injury; or
2.  The day the employer receives notice under subsection A of this section that the employee has an occupational disease.
F.  The employer shall deliver a written copy of the report created pursuant to subsection D of this section to the injured employee at the time that the report is made to the insurance carrier.
G.  The insurance carrier shall file the report of the injury on behalf of the policyholder with the Commission.  Except as provided by subsection H of this section, the insurance carrier shall electronically file the report with the Workers’ Compensation Commission not later than seven (7) days after the carrier receives the report from the employer.
H.  The Commissioner may waive the electronic filing requirement under subsection G of this section and allow an insurance carrier to mail or deliver the report to the Commission no later than seven (7) days after the carrier receives the report from the employer.
I.  A report required under this section shall not be considered to be an admission by or evidence against an employer or an insurance carrier in a proceeding before the Commission or a court in which the facts set out in the report are contradicted by the employer or insurance carrier.
J.  In addition to any information required under subsection K of this section, the report provided to the injured employee shall contain a summary written in plain language of the employee's statutory rights and responsibilities under the Workers’ Compensation Act.
K.  A person commits an administrative violation if the person fails to comply with this section unless good cause exists.
SECTION 24.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.4b of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  The Commissioner may adopt rules relating to:
1.  The information that shall be contained in a report required under Section 23 of this act, including the summary of rights and responsibilities required under subsection J of Section 23 of this act; and
2.  The development and implementation of an electronic filing system for injury reports under this section.
B.  An employer and insurance carrier shall file subsequent reports as required by Commissioner rule.
C.  The employer shall, on the written request of the employee, a doctor, the insurance carrier, or the division, notify the employee, the employee's treating doctor if known to the employer, and the insurance carrier of the existence or absence of opportunities for modified duty or a modified duty return-to-work program available through the employer.  If those opportunities or that program exists, the employer shall identify the employer's contact person and provide other information to assist the doctor, the employee, and the insurance carrier to assess modified duty or return-to-work options.
D.  This section shall not prohibit the Commissioner from imposing requirements relating to return-to-work under other authority granted to the Commission in the Workers’ Compensation Act.
SECTION 25.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.4c of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  Except as otherwise provided by law or Commissioner rule, the parties to a disputed compensation claim are not entitled to a contested case hearing or arbitration on the claim unless a benefit review conference is conducted as provided by this section.
B.  On receipt of a request from a party or on its own motion, the Workers’ Compensation Commission shall direct the parties to a disputed workers' compensation claim to meet in a benefit review conference to attempt to reach agreement on disputed issues involved in the claim, except as provided in subsection D of this section.
C.  The Commission shall require the party requesting the benefit review conference to provide documentation of efforts made to resolve the disputed issues before the request was submitted.  The Commissioner by rule shall adopt guidelines regarding the type of information necessary to satisfy this requirement.
D.  The Commissioner by rule shall adopt guidelines relating to claims that do not require a benefit review conference and may proceed directly to a contested case hearing or arbitration.
SECTION 26.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.4d of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  A benefit review conference is a nonadversarial, informal dispute resolution proceeding designed to:
1.  Explain, orally and in writing, the rights of the respective parties to a workers' compensation claim and the procedures necessary to protect those rights;
2.  Discuss the facts of the claim, review available information in order to evaluate the claim, and delineate the disputed issues; and
3.  Mediate and resolve disputed issues by agreement of the parties in accordance with this subtitle and the policies of the division.
B.  A benefit review officer shall:
1.  Mediate disputes between the parties and assist in the adjustment of the claim consistent with this act and the policies of the division;
2.  Thoroughly inform all parties of their rights and responsibilities under this act, especially in a case in which the employee is not represented by an attorney or other representative;
3.  Ensure that all documents and information relating to the employee's wages, medical condition, and any other information pertinent to the resolution of disputed issues are contained in the claim file at the conference, especially in a case in which the employee is not represented by an attorney or other representative; and
4.  Prepare a written report that details each issue that is not resolved at the benefit review conference.
C.  A benefit review officer may schedule an additional benefit review conference if:
1.  The benefit review officer determines that any available information pertinent to the resolution of disputed issues was not produced at the initial benefit review conference; and
2.  A second benefit review conference has not already been conducted.
D.  A benefit review officer shall not take testimony but may direct questions to an employee, an employer, or a representative of an insurance carrier to supplement or clarify information in a claim file.
E.  A benefit review officer may not make a formal record.
F.  The Commissioner shall adopt rules for conducting benefit review conferences.
G.  A benefit review conference shall not be subject to common law or statutory rules of evidence or procedure.
SECTION 27.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.4e of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  A dispute may be resolved either in whole or in part at a benefit review conference.
B.  If the conference results in the resolution of some disputed issues by agreement or in a settlement, the benefit review officer shall reduce the agreement or the settlement to writing.  The benefit review officer and each party or the designated representative of the party shall sign the agreement or settlement.
C.  A settlement shall take effect on the date it is approved by the Commissioner.
D.  An agreement signed in accordance with this section shall be binding on the insurance carrier through the conclusion of all matters relating to the claim, unless the division or a court, on a finding of fraud, newly discovered evidence, or other good and sufficient cause, relieves the insurance carrier of the effect of the agreement.
E.  The agreement shall be binding on the claimant, if represented by an attorney, to the same extent as on the insurance carrier.  If the claimant is not represented by an attorney, the agreement shall be binding on the claimant through the conclusion of all matters relating to the claim while the claim is pending before the Commission, unless the Commissioner for good cause relieves the claimant of the effect of the agreement.
F.  If a dispute is not entirely resolved at a benefit review conference, the benefit review officer shall prepare a written report that details each issue that is not resolved at the conference.
G.  The report shall also include:
1.  A statement of each resolved issue;
2.  A statement of each issue raised but not resolved;
3.  A statement of the position of the parties regarding each unresolved issue;
4.  A statement of the procedures required to request a contested case hearing or arbitration and a complete explanation of the differences in those proceedings and the rights of the parties to subsequent review of the determinations made in those proceedings; and
5.  The date of the arbitration scheduled pursuant to Section 21 of this act or the contested case hearing scheduled pursuant to Section 22 of this act.
H.  The benefit review officer who presides at the benefit review conference shall:
1.  Consider a written or verbal request for an interlocutory order for the payment of benefits; and
2.  If the benefit review officer determines that issuance of an interlocutory order is appropriate, issue the interlocutory order not later than three (3) days after the date of receipt of the request submitted by the employee, provided benefits remain in dispute at the conclusion of the benefit review conference.
I.  The interlocutory order may address accrued benefits, future benefits, or both accrued benefits and future benefits.
J.  The benefit review officer shall file the signed agreement and the report with the Commission.
K.  The Commissioner by rule shall prescribe the times within which the agreement and report shall be filed.
L.  The Commission shall furnish a copy of the file-stamped report to:
1.  The claimant;
2.  The employer; and
3.  The insurance carrier.
SECTION 28.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.4f of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  If issues remain unresolved after a benefit review conference, the parties, by agreement, may elect to engage in arbitration in the manner provided by this section.  Arbitration may be used only to resolve disputed benefit issues and is an alternative to a contested case hearing.  A contested case hearing scheduled pursuant to Section 29 of this act shall be canceled by an election under this section.
B.  To elect arbitration, the parties shall file the election with the Commission no later than twenty (20) days after the last day of the benefit review conference.  The Commissioner shall prescribe a form for that purpose.
C.  An election to engage in arbitration under this section is irrevocable and binding on all parties for the resolution of all disputes arising out of the claims that are under the jurisdiction of the Commission.
D.  An agreement to elect arbitration binds the parties to the provisions of the Workers’ Compensation Act relating to benefits, and any award, agreement, or settlement after arbitration is elected must comply with that chapter.
E.  The purpose of arbitration is to:
1.  Enter into formal, binding stipulations on issues on which the parties agree;
2.  Resolve issues on which the parties disagree; and
3.  Render a final award with respect to all issues in dispute.
F.  1.  The Commission shall establish regional lists of arbitrators who meet the qualifications specified in Section 3 of this title.  Each regional list shall be initially prepared in a random name order, and subsequent additions to a list shall be added chronologically.
2.  The Commissioner shall review the lists of arbitrators annually and determine if each arbitrator is fair and impartial and makes awards that are consistent with and in accordance with this act and the rules of the Commissioner.  The Commissioner shall remove an arbitrator if, after the review, the Commissioner determines that the arbitrator is not fair and impartial or does not make awards consistent with this section and Commissioner rules.
3.  The Commission's lists are confidential and are not subject to disclosure.  The lists shall not be revealed by any Commission employee to any person who is not a Commission employee.  The lists are exempt from discovery in civil litigation unless the party seeking the discovery establishes reasonable cause to believe that a violation of the requirements of this section occurred and that the violation is relevant to the issues in dispute.
G.  The Commission shall assign the arbitrator for a particular case by selecting the next name after the previous case's selection in consecutive order.  The Commission shall not change the order of names once the order is established under this section, except that once each arbitrator on the list has been assigned to a case, the names shall be randomly reordered.
H.  The Commission shall assign an arbitrator to a pending case not later than thirty (30) days after the election for arbitration is filed with the Commission.
I. When an arbitrator has been assigned to a case pursuant to subsection H of this section, the parties shall be notified immediately.
J.  Each party is entitled, in its sole discretion, to one rejection of the arbitrator in each case.  If a party rejects the arbitrator, the Commission shall assign another arbitrator as provided by subsection G of this section.
K.  A rejection shall be made not later than the third day after the date of notification of the arbitrator's assignment.
L.  When all parties have exercised their right of rejection or if no rejection is registered, the assignment is final.
M.  The arbitrator shall schedule arbitration to be held not later than thirty (30) days after the arbitrator's assignment and shall notify the parties and the Commission of the scheduled date.
N.  If an arbitrator is unable to schedule arbitration in accordance with subsection M of this section, the Commission shall appoint the next arbitrator on the applicable list.  Each party is entitled to reject the arbitrator appointed under this subsection in the manner provided in subsection J of this section.
O.  No later than seven (7) days before the first day of arbitration, the parties shall exchange and file with the arbitrator:
1.  All medical reports and other documentary evidence not previously exchanged or filed that are pertinent to the resolution of the claim; and
2.  Information relating to their proposed resolution of the disputed issues.
P.  A party commits an administrative violation if the party, without good cause as determined by the arbitrator, fails to comply with subsection O of this section.
Q.  Each party shall attend the arbitration prepared to set forth in detail its position on unresolved issues and the issues on which it is prepared to stipulate.
R.  A party commits an administrative violation if the party does not attend the arbitration unless the arbitrator determines that the party had good cause not to attend. 
S.  The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by a party.
T.  The Commission shall make an electronic recording of the proceeding.
U.  An official stenographic record is not required, but any party may at the party's expense make a stenographic record of the proceeding.
V.  1.  The parties may offer evidence as they desire and shall produce additional evidence as the arbitrator considers necessary to an understanding and determination of the dispute.
2.  The arbitrator is the judge of the relevance and materiality of the evidence offered.  Conformity to legal rules of evidence is not required.
W.  The parties may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator.
X.  A party and an arbitrator may not communicate outside the arbitration unless the communication is in writing with copies provided to all parties or relates to procedural matters.
Y.  1.  The arbitrator shall enter the arbitrator's award no later than seven (7) days after the last day of arbitration.
2.  The arbitrator shall base the award on the facts established at arbitration, including stipulations of the parties, and on the law as properly applied to those facts.
3.  The award shall:
a.	be in writing,
b.	be signed and dated by the arbitrator, and
c.	include a statement of the arbitrator's decision on the contested issues and the parties' stipulations on uncontested issues.
4.  The arbitrator shall file a copy of the award as part of the permanent claim file at the Commission and shall notify the parties in writing of the decision.
Z.  An arbitrator's award shall be final and binding on all parties.
SECTION 29.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3.4g of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  If arbitration is not elected under Section 28 of this act, a party to a claim for which a benefit review conference is held or a party eligible to proceed directly to a contested case hearing as provided by subsection D of Section 25 of this act shall be entitled to a contested case hearing.
B.  An issue that was not raised at a benefit review conference or that was resolved at a benefit review conference shall not be considered unless:
1.  The parties consent; or
2.  If the issue was not raised, the Commissioner determines that good cause existed for not raising the issue at the conference.
C.  The Commissioner shall adopt rules governing procedures under which contested case hearings are conducted.
D.  At a contested case hearing the hearing officer shall:
1.  Swear witnesses;
2.  Receive testimony;
3.  Allow examination and cross-examination of witnesses;
4.  Accept documents and other tangible evidence; and
5.  Allow the presentation of evidence by affidavit.
E.  A hearing officer shall ensure the preservation of the rights of the parties and the full development of facts required for the determinations to be made.  A hearing officer may permit the use of summary procedures, if appropriate, including witness statements, summaries, and similar measures to expedite the proceedings.
F.  The hearing officer is the sole judge of the relevance and materiality of the evidence offered and of the weight and credibility to be given to the evidence.  Conformity to legal rules of evidence is not necessary.
G.  A hearing officer may accept a written statement signed by a witness and shall accept all written reports signed by a health care provider.
H.  The proceedings of a contested case hearing shall be recorded electronically.  A party may request a transcript of the proceeding and shall pay the reasonable cost of the transcription.
I.  A party may request that the proceedings of the contested case hearing be recorded by a court reporter.  The party making the request shall bear the cost.
J.  At each contested case hearing, as applicable, the insurance carrier shall file with the hearing officer and shall deliver to the claimant a single document stating the true corporate name of the insurance carrier and the name and address of the insurance carrier's registered agent for service of process.  The document is part of the record of the contested case hearing.
K.  1.  The hearing officer shall issue a written decision that includes:
a.	findings of fact and conclusions of law,
b.	a determination of whether benefits are due, and
c.	an award of benefits due.
2.  The decision may address accrued benefits, future benefits, or both accrued benefits and future benefits.
3.  The hearing officer may enter an interlocutory order for the payment of all or part of medical benefits or income benefits.  The order may address accrued benefits, future benefits, or both accrued benefits and future benefits.  The order is binding during the pendency of an appeal to the appeals panel.
4.  On a form that the Commissioner by rule prescribes, the hearing officer shall issue a separate written decision regarding attorney fees and any matter related to attorney fees.  The decision regarding attorney fees and the form may not be made known to a jury in a judicial review of an award, including an appeal.
5.  The Commissioner by rule shall prescribe the times within which the hearing officer must file the decisions with the Commission.
6.  The Commission shall send a copy of the decision to each party.
L.  A decision of a hearing officer regarding benefits is final in the absence of a timely appeal by a party and is binding during the pendency of an appeal to the appeals panel.
SECTION 30.     AMENDATORY     85 O.S. 2001, Section 3.6, as amended by Section 1, Chapter 403, O.S.L. 2010 (85 O.S. Supp. 2010, Section 3.6), is amended to read as follows:
Section 3.6  A.  All the evidence pertaining to each case, except upon agreed orders, shall, insofar as may be possible, be heard by the judge initially assigned to the case.  Upon the completion of such hearing or hearings, the judge hearing the cause shall make such order, decision or award as is proper, just and equitable in the matter.  Either party feeling himself aggrieved by such order, decision or award shall, If the parties are unable to resolve the contested issues of a claim after a benefit review conference, arbitration or a contested case hearing pursuant to the requirements of this act, the parties may appeal decisions to the appeals panel within ten (10) days, have the right to take an appeal from the order, decision or award of the Judge to the Workers' Compensation Court sitting en banc.  Such appeal shall be allowed as a matter of right to either party upon filing with the Administrator Commissioner a notice of such appeal.  Such Court en banc shall consist of three (3) Judges of the Court, none of whom shall have presided over any of the previous hearings on the claim.  The Court en banc appeals panel may reverse or modify the decision only if it determines that such decision was against the clear weight of the evidence or contrary to law.  Upon completion of the appeal, the members of the Court sitting en banc appeals panel shall issue such order, decision or award as is proper, just and equitable.  All proceedings of the Court sitting en banc shall be recorded by a court reporter of the Workers’ Compensation Court.  Any order of the Court sitting en banc which reverses a decision of the trial judge shall contain specific findings to explain such reversal.  Only those members participating in the hearing on appeal shall participate in the making of the order, decision or award.  All orders, decisions or awards shall be approved by a majority of the members of the Court sitting en banc.  Provided, there may be more than one Court en banc sitting at the same time for purposes of hearing the appeals provided for herein.  Appeals shall be allowed on a question of law or a question of fact, or a mixed question of law and fact, and shall be determined on the record made before the Judge at arbitration or the contested case hearing.  Provided, when the order of the Judge of the Court appeals panel making an award to a claimant is appealed by the employer or the insurance carrier, interest shall be allowed on the accrued amounts of the award due from the date the award was filed, if the award is not modified or vacated on appeal.
B.  In each case filed with the Court en banc appeals panel, and at the time of filing same, the appellant shall deposit with the clerk as costs One Hundred Seventy-five Dollars ($175.00) of which no rebate of any part thereof shall be made.  The fee collected under this subsection shall be deposited as follows: One Hundred Fifty Dollars ($150.00) to the credit of the Administrator of Workers' Compensation Revolving Fund created by Section 95 of this title for the costs of administering the Workers' Compensation Act; and Twenty-five Dollars ($25.00) to the credit of the Administrator of Workers' Compensation Revolving Fund for purposes of implementing the provisions of this act, including strengthening and providing additional funding for the Attorney General's Workers' Compensation Fraud Unit, providing counseling services pursuant to the workers' compensation counselor program and safety in the workplace.
C.  The order, decision or award of the Court appeals panel shall be final and conclusive upon all questions within its jurisdiction between the parties, unless, within twenty (20) days after a copy of such order, decision or award has been sent by the Administrator to the parties affected, an action is commenced in the Supreme Court of the state, to review such order, decision or award.  The Supreme Court may hear appeals and modify, reverse, remand for rehearing, or set aside the order or award, upon any of the following grounds, and no other, that the:
1.  Commission acted without or in excess of its powers;
2.  Order or award was procured by fraud; or
3.  Order or award was against the clear weight of the evidence of record. 
Any order, decision or award made by a judge of the Court an arbitrator or case hearing officer shall be considered as final under the provisions of this section unless appealed to the Workers' Compensation Court sitting en banc appeals panel as provided for in subsection A of this section.  The order, decision or award of a judge of the Court an arbitrator or case hearing officer shall be final and conclusive upon all questions within his the jurisdiction of the arbitrator or case hearing officer between the parties unless appealed directly to the Supreme Court or to the Workers' Compensation Court sitting en banc appeals panel as hereinbefore provided.  Any party litigant desiring to appeal directly from such an order, decision or award of the appeals panel to the Supreme Court, shall, within twenty (20) days after a copy of the order, decision or award has been sent by the Administrator Commissioner to the parties affected, commence an action in the Supreme Court of the state to review such order, decision or award.  The Supreme Court shall have original jurisdiction of such action, and shall prescribe rules for the commencement and trial of the same.  The Supreme Court may modify, reverse, remand for rehearing, or set aside the order or award upon any of the following grounds:
1.  The Court acted without or in excess of its powers;
2.  The order or award was contrary to law;
3.  The order or award was procured by fraud; or
4.  The order or award was against the clear weight of the evidence.
Such action shall be commenced by filing with the Clerk of the Supreme Court a certified copy of the order, decision or award of the Workers' Compensation Court sitting en banc or the judge appeals panel attached to the petition by the complaint wherein the complainant or petitioner shall make his assignments or specifications as to wherein said order, decision or award is erroneous or illegal.  Provided, however, no proceeding to reverse, vacate or modify any order, decision or award of the Workers' Compensation Court sitting en banc or judge of the Court appeals panel wherein compensation has been awarded an injured employee shall be entertained by the Supreme Court unless the Administrator Commissioner shall take a written undertaking to the claimant executed on the part of the respondent or insurance carrier, or both, with one or more sureties to be approved by the Administrator Commissioner, to the effect that the appellant will shall pay the amount of the award rendered therein, together with interest thereon from the date of the award by the judge of the Court appeals panel and all costs of the proceeding, or on the further order of the Workers' Compensation Court sitting en banc or judge of the Court appeals panel after the appeal has been decided by the Supreme Court, except that municipalities and other political subdivisions of the State of Oklahoma are exempt from making such written undertakings.  Before the Clerk of the Supreme Court shall accept the action for filing, a certificate from the Administrator Commissioner shall be required, showing that this provision has been complied with.  Said proceedings shall be heard in a summary manner and shall have precedence over all other civil cases in the Supreme Court, except preferred Corporation Commission appeals.  The Supreme Court shall require the appealing party to file within forty-five (45) days from the date of the filing of an appeal or an order appealed from, a transcript of the record of the proceedings before the Workers' Compensation Court arbitrator or case hearing officer and the appeals panel, or upon application and for good cause shown, the Supreme Court may extend the time for filing said transcript of the record for a period of time not to exceed ninety (90) days from said date, and such action shall be subject to the law and practice applicable to other civil actions cognizable in said Supreme Court.  The Court arbitrator, case hearing officer or appeals panel whose action was appealed shall enter any order directed by the Supreme Court under the final determination.
D.  A fee of One Hundred Dollars ($100.00) per appeal to the Supreme Court shall be collected by the Administrator Commissioner and taxed as costs for preparing, assembling, indexing and transmitting the record for appellate review.  This fee shall be paid by the party taking the appeal.  If more than one party to the action shall prosecute an appeal from the same order, decision or award, the fee shall be paid by the party whose petition in error is determined by the Workers’ Compensation Court Commission or by the appellate court to commence the principal appeal.  The fees collected shall be deposited to the credit of the Administrator of the Workers’ Compensation Revolving Fund created by Section 95 of this title.
E.  When the only controverted issue in a death claim is the determination of proper beneficiaries entitled to receive death benefits, and the parties-beneficiary appeal the decision of the Court Commission, the employer or insurance carrier may pay the proceeds, as they accrue, to the Administrator Commissioner.  The Administrator Commissioner shall hold the proceeds in trust in an interest-bearing account during the appeal period and shall distribute the proceeds and interest to the proper beneficiaries upon written direction of the Court Commission.  The employer or insurance carrier shall not be taxed interest or cost on the order of the death claim if payments have been made to the Administrator Commissioner as they accrue.
F.  An action to reopen any case under the provisions of the Workers' Compensation Act shall be assigned in the same manner as original assignments made hereunder.
G.  Benefits for an injury shall be determined by the law in effect at the time of injury; benefits for death shall be determined by the law in effect at the time of death.
H.  For purposes of this section, interest shall be computed pursuant to Section 727 of Title 12 of the Oklahoma Statutes.
I.  The Supreme Court may require a bond from any party, if it deems necessary, in cases appealed to the Court.
SECTION 31.     AMENDATORY     85 O.S. 2001, Section 3.7, is amended to read as follows:
Section 3.7  The Administrator Effective November 1, 2011, the Workers' Compensation Commissioner shall have the following powers and duties:
1.  To hear and approve accept and record settlements pursuant to direction by the judges of the Court;
2.  To review and approve "own-risk" applications and group Self-insurance associations applications;
3.  To monitor "own-risk", self-insurer and group self-insurance programs in accordance with the rules of the Court Commission;
4.  To establish a toll free telephone number in order to provide information and answer questions about the Court Commission;
5.  To hear and determine claims concerning disputed medical bills;
6.  To promulgate necessary rules subject to the approval of the presiding judge; and
7.  Such other duties and responsibilities authorized by law or as the judges of the Court Commission may prescribe;
8.  To adopt rules which require every insurance company, the State Insurance Fund and every self-insurer authorized to transact workers' compensation insurance in this state to report to the Administrator its statistical experience and its experience regarding the utilization of independent medical examiners in permanent disability cases during the period from July 1, 1995, to July 1, 1997.  The information regarding utilization of independent medical examiners shall include, but not be limited to, the number of independent medical examiner appointments, the parties requesting the independent medical examiner, the doctors participating and the number of evaluations done by each, a summary of awards and settlements, medical costs, and duration of temporary total disability.  The Administrator shall compile the information collected and present a report of his findings to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, the Advisory Council on Workers' Compensation and the Physician Advisory Committee; and
9.  To adopt rules which impose an administrative penalty of One Hundred Dollars ($100.00) for each day an insurance company or self-insurer fails to provide the information required pursuant to paragraph 8 of this section.
SECTION 32.     AMENDATORY     85 O.S. 2001, Section 3.8, is amended to read as follows:
Section 3.8  A.  No employee of the Administrator Court of Continuing Claims or Workers’ Compensation Commission shall be competent to testify on any matter before a court concerning any information he the employee has received through the performance of his the employee's duties under the provisions of the Workers' Compensation Act.
B.  The Administrator Court of Continuing Claims or Workers’ Compensation Commission and his its employees shall not solicit employment for any attorney or physician nor shall they recommend or refer any claimant or employer to an attorney or physician.  If the Administrator Court of Continuing Claims or Workers’ Compensation Commission or any of his its employees makes such a solicitation, recommendation or reference, that person, upon conviction, shall be guilty of a misdemeanor punishable, for each offense, by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment.  The Administrator shall immediately terminate the employment of any such employee who is guilty of such solicitation, recommendation or reference.  An Administrator Any Court of Continuing Claims or Workers’ Compensation Commission employee guilty of such solicitation, recommendation or reference shall be subject to removal from office.
C.  No judge, benefit review officer, arbitrator or case hearing officer of the Workers' Compensation Commission or Court of Continuing Claims shall engage in any ex parte communication with any party to an action pending before the Commission or Court of Continuing Claims or with any medical provider regarding the merits of a specific matter pending before the judge for resolution.  Any violation of this provision shall subject the officer, arbitrator or judge to disqualification from the action or matter upon presentation of an application for disqualification.
SECTION 33.     AMENDATORY     85 O.S. 2001, Section 3.9, as last amended by Section 2, Chapter 403, O.S.L. 2010 (85 O.S. Supp. 2010, Section 3.9), is amended to read as follows:
Section 3.9  A.  The Administrator Workers’ Compensation Commissioner shall establish a workers' compensation counselor program to assist injured workers, employers and persons claiming death benefits in obtaining benefits under the Workers' Compensation Act.
B.  Workers' compensation counselors shall provide information to injured workers; investigate complaints; communicate with employers, insurance carriers, self-insurers, and health care providers; provide informational seminars and workshops on workers' compensation for medical providers, insurance adjustors, and employee and employer groups; and develop informational materials for employees, employers and medical providers.  A workers' compensation counselor shall otherwise assist unrepresented claimants, employers, and other parties to enable them to protect their rights in the workers' compensation system.
C.  The Administrator Commissioner shall mail a notice to the injured worker within thirty (30) days of the filing of an Employer’s First Notice of Injury (Form 2).  The notice shall advise the injured worker of the availability of the services of the Workers’ Compensation Court’s Commission’s counselor program and of the availability of mediation to assist the injured worker.  The Administrator Commissioner shall provide contact information for the Court’s Commission's counselor program and all such additional information as the Administrator Commissioner may determine necessary.
SECTION 34.     AMENDATORY     85 O.S. 2001, Section 4, is amended to read as follows:
Section 4.  From and after After the passage and effective date of the Workers' Compensation Act, all the provisions of the Workers' Compensation Act of this state, Sections Section 1 et seq. through Section 211 of this title, shall apply to employers and to employees, irrespective of where the accident resulting in injury may occur, whether within or without the territorial limits of the State of Oklahoma, when the contract of employment was entered into within the State of Oklahoma, and the said employee was acting in the course of such employment and performing work outside the territorial limits of this state under direction of such the employer.  In such case the injured employee may elect to commence and maintain his an action for benefits and compensation in the State of Oklahoma as provided in the Workers' Compensation Act and the Commission or Court of Continuing Claims is hereby vested with jurisdiction thereof as fully as if such injury or accident had occurred within this state.  Such The right of election shall, however, not preclude the injured employee from recovering any benefits or compensation provided under any law of the state where injury occurred, and if such an action be so is commenced in such other another state, or under the law of another state, and is prosecuted to final determination, such the employee shall thereupon be precluded from his a right of action under the Workers' Compensation Act of this state.  Provided, the injured employee may exercise his the right of election to file his a claim or commence his said an action or proceeding in the State of Oklahoma, at any time prior to final adjudication or determination of his rights under the laws of another state, and the fact that he the employee shall have been furnished or provided with medical, surgical, hospital or other treatment care, or paid temporary disability compensation in such other another state, or under the laws thereof, shall not preclude such the injured employee from recovering further benefits and compensation under the Workers' Compensation Act of this state.  Provided, further, no award made by the Commission or Court of Continuing Claims of this state shall include any compensation paid by the employer or insurance carrier before commencement of the action or proceeding in this state and any payments so made shall be treated as compensation voluntarily paid and credit therefor shall be allowed.
The State of Oklahoma accepts the provisions of the Acts of Congress designated as Public Law No. 814, 49 Statutes 1938, and hereby extends the territorial jurisdiction of the Workers' Compensation Act of this state to all lands and premises owned or held by the Government of the United States of America, by deed or act of cession, by purchase or otherwise, which are within the exterior boundaries of this state, and to all purchases, buildings, constructions, improvements or property belonging to the Government of the United States of America, which are within the exterior boundaries of this state, in the same manner and to the same extent as if said premises were under the exclusive jurisdiction of the State of Oklahoma, subject only to the limitations placed thereon by the Act of Congress.
SECTION 35.     AMENDATORY     85 O.S. 2001, Section 11, as last amended by Section 2, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 11), is amended to read as follows:
Section 11.  A.  Every Subject to limitations found in this act, every employer subject to the provisions of the Workers' Compensation Act shall pay, or provide as required by the Workers' Compensation Act, compensation according to the schedules of the Workers' Compensation Act for the disability or death of an employee resulting from an accidental personal injury sustained by the employee arising out of and in the course of employment, without regard to fault as a cause of such injury, and in the event of disability only, except as follows:
1.  An injury occasioned by the willful intention of the injured employee to bring about injury to himself or herself, or another;
2.  An injury resulting directly from the willful failure of the injured employee to use a guard or protection against accident furnished for use pursuant to any statute or by order of the Commissioner of Labor;
3.  An injury which occurs when an employee is using substances defined and consumed pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes, or is using or abusing alcohol or illegal drugs, or is illegally using chemicals; provided, this paragraph shall only apply when the employee is unable to prove by a preponderance of the evidence that the substances, alcohol, illegal drugs, or illegally used chemicals were not the proximate cause of the injury or accident.  For the purposes of this paragraph, post-accident alcohol or drug testing results shall be admissible as evidence; 
4.  Except for innocent victims, an injury caused by a prank, horseplay, or similar willful or intentional behavior; and
5.  An injury which occurs outside the course of employment.  Employment shall be deemed to commence when an employee arrives at the employee's place of employment to report for work and shall terminate when the employee leaves the employee's place of employment, excluding areas not under the control of the employer or areas where essential job functions are not performed; provided, however, when the employee is instructed by the employer to perform a work-related task away from the employee's place of employment, the employee shall be deemed to be in the course of employment when the employee is engaged in the performance of job duties directly related to the task as instructed by the employer, including travel time that is solely related and necessary to the employee's performance of the task.  Travel by a policeman, fireman, or a member of a first aid or rescue squad, in responding to and returning from an emergency, shall be deemed to be in the course of employment.
B.  Liability of any person, firm, or corporation having an interest in the subject matter, employers and contracting employers, general or intermediate, for compensation under the Workers' Compensation Act, when other than the immediate employer of the injured employee, shall be as follows:
1.  The independent contractor shall, at all times, be liable for compensation due to his or her direct employees, or the employees of any subcontractor of such independent contractor, and the principal employer shall also be liable in the manner hereinafter specified for compensation due all direct employees, employees of the independent contractors, subcontractors, or other employees engaged in the general employer's business; provided, however, if an independent contractor relies in good faith on proof of a valid workers' compensation insurance policy issued to a subcontractor of the independent contractor or on proof of an Affidavit of Exempt Status under the Workers' Compensation Act properly executed by the subcontractor under Section 924.4 of Title 36 of the Oklahoma Statutes, then the independent contractor shall not be liable for injuries of any employees of the subcontractor.  Provided further, such independent contractor shall not be liable for injuries of any subcontractor of the independent contractor unless an employer-employee relationship is found to exist by the Workers' Compensation Court despite the execution of an Affidavit of Exempt Status under the Workers' Compensation Act.
2.  The person entitled to such compensation shall have the right to recover the same directly from the person’s immediate employer, the independent contractor or intermediate contractor, and such claims may be presented against all such persons in one proceeding.  If it appears in such proceeding that the principal employer has failed to require a compliance with the Workers' Compensation Act of this state, by the independent contractor, then such employee may proceed against such principal employer without regard to liability of any independent, intermediate or other contractor; provided, however, if a principal employer relies in good faith on proof of a valid workers' compensation insurance policy issued to an independent contractor of the employer or to a subcontractor of the independent contractor or on proof of an Affidavit of Exempt Status under the Workers' Compensation Act properly executed by the independent contractor or subcontractor under Section 924.4 of Title 36 of the Oklahoma Statutes, then the principal employer shall not be liable for injuries of any employees of the independent contractor or subcontractor.  Provided further, such principal employer shall not be liable for injuries of any independent contractor of the employer or of any subcontractor of the independent contractor unless an employer-employee relationship is found to exist by the Workers' Compensation Court despite the execution of an Affidavit of Exempt Status under the Workers' Compensation Act.  Provided, however, in any proceeding where compensation is awarded against the principal employer under the provisions hereof, such award shall not preclude the principal employer from recovering the same, and all expense in connection with said proceeding from any independent contractor, intermediate contractor or subcontractor whose duty it was to provide security for the payment of such compensation, and such recovery may be had by supplemental proceedings in the cause before the Court or by an independent action in any court of competent jurisdiction to enforce liability of contracts.
3.  Where work is performed on a single-family residential dwelling or its premises occupied by the owner, or for a farmer whose cash payroll for wages, excluding supplies, materials and equipment, for the preceding calendar year did not exceed One Hundred Thousand Dollars ($100,000.00), such owner or farmer shall not be liable for compensation under the Workers' Compensation Act.  Such owner or farmer shall not be liable to the employee of any independent contractor or subcontractor, where applicable, or the farmer's own employee.
4.  Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such the disease and the insurance carrier, if any, on the risk when such the employee was last so exposed under such the employer, shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier; provided, however, that in the case of silicosis or asbestosis, the only employer and insurance carrier liable shall be the last employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO 2) dust on each of at least sixty (60) days or more, and the insurance carrier, if any, on the risk when the employee was last so exposed under such the employer.
5.  Where compensation is payable for an injury resulting from cumulative trauma, the last employer in whose employment the employee was last injuriously exposed to the trauma during a period of at least ninety (90) days or more, and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer, shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier.  If there is no employer in whose employment the employee was injuriously exposed to the trauma for a period of at least ninety (90) days, then the last employer in whose employment the employee was last injuriously exposed to the trauma and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall be liable therefor, with right to contribution from any prior employer or insurance carrier.
SECTION 36.     AMENDATORY     85 O.S. 2001, Section 12, as last amended by Section 3, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 12), is amended to read as follows:
Section 12.  A.  The liability prescribed in Section 11 of this title shall be exclusive and in place of all other liability of the employer and any of his employees of the employer, any architect, professional engineer, or land surveyor retained to perform professional services on a construction project, at common law or otherwise, for such injury, loss of services, or death, to the employee, or the spouse, personal representative, parents, or dependents of the employee, or any other person, except in the case of an intentional tort, or where the employer has failed to secure the payment of compensation for the injured employee as provided for in Section 61 of this title.  An intentional tort shall exist only when the employee is injured as a result of willful, deliberate, specific intent of the employer to cause such injury.  Allegations or proof that the employer had knowledge that such injury was substantially certain to result from its conduct shall not constitute an intentional tort.  The issue of whether an act is an intentional tort shall be a question of law for the court.  If an employer subject to the Workers’ Compensation Act has failed to secure the payment of compensation for his an injured employee, as provided for in Section 61 of this title, an injured employee, or his the legal representatives of the employee if death results from the injury, may maintain an action in the courts for damages on account of such injury, and in such action the defendant may not plead or prove as a defense that the injury was caused by the negligence of a fellow servant, or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee; provided:
(i) 1.  The immunity created by the provisions of this section shall not extend to action by an employee, or the spouse, personal representative, parents, or dependents of the employee, or any other person against another employer, or its employees, on the same job as the injured or deceased worker where such other employer does not stand in the position of an intermediate or principal employer to the immediate employer of the injured or deceased worker;
(ii) 2.  The immunity created by the provisions of this section shall not extend to action against another employer, or its employees, on the same job as the injured or deceased worker even though such other employer may be considered as standing in the position of a special master of a loaned servant where such special master neither is the immediate employer of the injured or deceased worker nor stands in the position of an intermediate or principal employer to the immediate employer of the injured or deceased worker; and
(iii) 3.  This provision shall not be construed to abrogate the loaned servant doctrine in any respect other than that described in paragraph (ii) 2 of this section subsection.  This section shall not be construed to relieve the employer from any other penalty provided for in this title for failure to secure the payment of compensation provided for in this title.
(iv) B.  For the purpose of extending the immunity of this section, any architect, professional engineer, or land surveyor shall be deemed an intermediate or principal employer for services performed at or on the site of a construction project, but this immunity shall not extend to the negligent preparation of design plans and specifications.
(v) C.  If, as provided in this section, the employer has failed to secure the payment of compensation as provided for in Section 61 of this title or in the case of an intentional tort, the injured employee or his the legal representative of the employee may maintain an action either in the Workers' Compensation Court or in the courts, but not both.
(vi) Nothing contained herein shall abrogate any rights arising under the Oklahoma Constitution.
SECTION 37.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 12.1 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  1.  Any employer required to secure the payment of compensation under this act who fails to secure compensation shall be subject to a fine of up to Ten Thousand Dollars ($10,000.00) as determined by the Workers’ Compensation Commissioner payable to the Death and Permanent Total Disability Trust Fund or be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both fine and imprisonment.
2.  This subsection shall not affect any other liability of the employer under this act. 
B.  1.  Whenever the Commissioner has reason to believe that an employer required to secure the payment of compensation under this act has failed to do so, the Commissioner shall serve upon the employer a proposed order declaring the employer to be in violation of this act and containing the amount, if any, of the civil penalty to be assessed against the employer pursuant to paragraph 5 of this subsection. 
2.   a.	An employer may contest a proposed order of the Commissioner issued pursuant to paragraph 1 of this subsection by filing with the Commissioner, within twenty (20) days of receipt of the proposed order, a written request for a hearing.
b.	Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both.
c.	If a written request for hearing is not filed with the Commissioner within this time, the proposed order, the proposed penalty, or both, shall be a final order of the Commissioner and shall not be subject to further review by any court.  
d.	A proposed order by the Commissioner pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect.
3.   a.	If the employer alleges that a carrier has contracted to provide the employer workers’ compensation insurance coverage for the period in question, the employer shall include the allegation in its request for hearing and shall name the carrier.
b.	The Commissioner shall promptly notify the carrier of the allegation of the employer and of the date of hearing.  
c.	The carrier shall promptly, and no later than five (5) days prior to the hearing, respond in writing to the allegation of the employer by providing evidence of coverage for the period in question or by affirmatively denying the allegation of the employer. 
4.  The Commissioner may assess a fine against any employer who fails to secure the payment of compensation in an amount up to One Thousand Dollars ($1,000.00) per day of violation payable to the Fund. 
5.  If an employer fails to secure the payment of compensation or pay any civil penalty assessed against the employer after an order issued pursuant to this section has become final by operation of law or upon appeal, the Commissioner may petition the district court of Oklahoma County or of the county where the principal place of business of the employer is located for an order enjoining the employer from engaging in further employment until the employer secures the payment of compensation or makes full payment of all civil penalties. 
SECTION 38.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 12.2 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  Every employer who has secured compensation under the provisions of this act shall keep posted in a conspicuous place in and about the place of business of the employer, typewritten or printed notices in accordance with a form prescribed by the Workers’ Compensation Commission.  The notices shall state that the employer has secured the payment of compensation in accordance with the provisions of this act.  
B.  The notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation. 
SECTION 39.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 13.1 of Title 85, unless there is created a duplication in numbering, reads as follows:
The employer shall not be liable for any of the payments provided for by this act if the Workers’ Compensation Commission determines that the injury is not compensable. 
SECTION 40.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 13.2 of Title 85, unless there is created a duplication in numbering, reads as follows:
The Workers’ Compensation Commissioner is authorized to establish rules and regulations, including schedules of maximum allowable fees for medical services rendered with respect to compensable injuries, for the purpose of controlling the cost of medical and hospital services and supplies. 
SECTION 41.     AMENDATORY     85 O.S. 2001, Section 14, as last amended by Section 4, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 14), is amended to read as follows:
Section 14.  A.  1.  The employer shall promptly provide for an injured employee such medical, surgical or other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus as may be necessary after the injury.  The treating physician shall supply the injured employee and the employer with a full examining report of injuries found at the time of examination and proposed treatment, this report to be supplied within seven (7) days after the examination; also, at the conclusion of the treatment the treating physician shall supply a full report of the treatment to the employer of the injured employee.
2.  The treating physician who renders treatment to the employee at any time shall promptly notify the employee and employer or the employer’s insurer in writing after the employee has reached maximum medical improvement and is released from active medical care.  If the employee is capable of returning to modified light duty work, the treating physician shall promptly notify the employee and the employer or the employer’s insurer thereof in writing.  In the event that the treating physician releases a claimant for light-duty work and provides written restrictions from normal work duties, and the employer makes a good-faith offer in writing to provide a light-duty position at the same rate of pay that the claimant was receiving at the time of the injury, and the claimant refuses to accept the light-duty assignment, the claimant is not entitled to temporary total disability; provided, before compensation may be denied, the employee shall be served with a notice setting forth the consequences of the refusal of employment and that temporary benefits will be discontinued fifteen (15) days after the date of such notice.  The employee, upon receipt of such notice, may seek a hearing before the Workers’ Compensation Commission or Court of Continuing Claims depending upon the date of the injury.  The Commission or Court of Continuing Claims shall grant an expedited hearing within five (5) days of any such application by the employee.  At such hearing, the Commission or Court of Continuing Claims may enter an order allowing the discontinuation of such benefits, denying the discontinuance of such benefits or temporarily denying the discontinuance of such benefits pending further hearing.  An order denying or temporarily denying the discontinuation of temporary benefits shall be based on a finding by the Commission or Court of Continuing Claims that probable cause exists to believe the work does not meet the conditions of the treating physician’s restrictions or that the restrictions are unreasonable.
B.  The employer’s selected physician shall have the right and responsibility to treat the injured employee.  A report of such examination shall be furnished to the employer and the injured employee within seven (7) days after such examination.
C.  If the employer fails or neglects to provide medical treatment within three (3) days after actual knowledge of the injury is received by the employer, the injured employee, during the period of such neglect or failure, may select a physician to provide medical treatment at the expense of the employer; provided, however, that the injured employee, or another in the employee’s behalf, may obtain emergency treatment at the expense of the employer where such emergency treatment is not provided by the employer.  The attending physician so selected by the employee shall notify the employer and the insurance carrier within seven (7) days after examination or treatment was first rendered.  Once the employer has selected a treating physician and has offered the employee treatment, the physician selected by the employer shall become the treating physician.
D.  1.  If a self-insured employer, group self-insurance association plan, an employer’s workers’ compensation insurance carrier or an insured, which shall include any member of an approved group self-insured association, policyholder or public entity, regardless of whether such entity is insured by CompSource Oklahoma, has previously contracted with a certified workplace medical plan, the employer shall select for the injured employee a treating physician from the physicians listed within the network of the certified workplace medical plan.
2.  The claimant may apply for a change of physician by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health.
E.  The term “physician” as used in this section shall mean any person licensed in this state as a medical doctor, chiropractor, podiatrist, dentist, osteopathic physician or optometrist.  The Commission or Court of Continuing Claims may accept testimony from a psychologist if the testimony is requested by the Court Commission.  If an injured employee should die, whether or not the employee has filed a claim, that fact shall not affect liability for medical attention previously rendered, and any person entitled to such benefits may enforce charges therefor as though the employee had survived.
F.  1.  Whoever renders medical, surgical, or other attendance or treatment, nurse and hospital service, medicine, crutches and apparatus, or emergency treatment, may submit such charges and duration of treatment to the Administrator of the Court Commissioner for review in accordance with the rules of the Administrator.
2.  Such charges and duration of treatment shall be limited to the usual, customary and reasonable payments and duration of treatment as prescribed and limited by a schedule of fees and treatment for all medical providers to be adopted, after notice and public hearing, by the Administrator Commissioner.  Beginning January 1, 2006, the fee and treatment schedule for physician services shall be based on the most current Relative Value Units (RVU) produced by the Centers for Medicare and Medicaid Services (CMS) for the Medicare Physician Fee Schedule as of January 1 of the prior year.  These relative values shall be multiplied by appropriate conversion factors to be determined by the Administrator Commissioner.  The conversion factors shall be adjusted by the Consumer Price Index and shall be adequate to reflect the usual and customary rates for treatment of workers’ compensation patients taking into consideration all relevant factors including, but not limited to, the additional time required to provide disability management.  The Current Procedural Terminology (CPT) codes shall be adjusted to reflect any changes or additions to the CPT codes and coding of supplies and materials as published by the American Medical Association (AMA) or CMS.  If the AMA adds a new CPT code, the Administrator Commissioner shall review the procedure contemplated by the new CPT code, and after such review, and notice and public hearing, the Administrator Commissioner may add the new CPT code and set the base fee for the CPT code to ensure the adequacy of the physician’s fee and treatment schedule.  For services not valued by CMS, the Administrator Commissioner shall establish values based on the usual, customary and reasonable medical payments to health care providers in the same trade area for comparable treatment of a person with similar injuries and the duration of treatment prevailing in this state for persons with similar injuries.  The fee and treatment schedule shall be reviewed biennially by the Administrator Commissioner and, after such review, and notice and public hearing, the Administrator Commissioner shall be empowered to amend or alter the fee and treatment schedule to ensure its adequacy.  The Administrator Commissioner shall not increase the overall maximum reimbursement levels for health care providers, including hospitals and ambulatory surgical centers, in an amount exceeding the cumulative percentage of change of the Consumer Price Index – Urban (CPI-U) for all costs since the last biennial review.  The fee schedule adopted by the Administrator Commissioner as of January 1, 2006, shall be structured so as to result in at least a four-percent savings in workers’ compensation medical costs.  In no event shall the reimbursement rate for any single procedure be equal to an amount which is less than one hundred fifteen percent (115%) of the current Medicare reimbursement rate for the procedure.
3.  The Administrator Commissioner shall adopt a new fee and treatment schedule to be effective not later than January 1, 1998, which establishes maximum allowable reimbursement levels for preparation for or testimony at a deposition or court appearance which shall not exceed Two Hundred Dollars ($200.00) per hour and for work-related or medical disability evaluation services.
4.  An invoice for the actual cost to the hospital of an implantable device shall be adjusted by the hospital to reflect all applicable discounts, rebates, considerations and product replacement programs and must be provided to the payor by the hospital as a condition of payment for the implantable device.
5.  The Administrator’s Commissioner's review of medical and treatment charges pursuant to this section shall be conducted pursuant to the fee and treatment schedule in existence at the time the medical care or treatment was provided.  The order of the approving medical and treatment charges pursuant to this section shall be enforceable by the Commission or Court of Continuing Claims in the same manner as provided in the Workers’ Compensation Act for the enforcement of other compensation payments.  Any party feeling aggrieved by the order, decision or award of the Administrator Commissioner shall, within ten (10) days, have the right to request a hearing on such medical and treatment charges by a judge of the Workers’ Compensation Commission or Court of Continuing Claims.  The judge of the Commission or Court of Continuing Claims may affirm the decision of the Administrator Commissioner, or reverse or modify said decision only if it is found to be contrary to the fee and treatment schedule existing at the time the said medical care or treatment was provided.  The order of the judge shall be subject to the same appellate procedure set forth in Section 3.6 of this title for all other orders of the Commission or Court of Continuing Claims.  The right to recover charges for every type of medical care for personal injuries arising out of and in the course of covered employment as herein defined, shall lie solely with the Workers’ Compensation Commission or Court of Continuing Claims, and all jurisdiction of the other trial courts of this state over such action is hereby abolished.  The foregoing provision, relating to approval and enforcement of such charges and duration of treatment, shall not apply where a written contract exists between the employer or insurance carrier and the person who renders such medical, surgical or other attendance or treatment, nurse and hospital service, or furnishes medicine, crutches or apparatus.  When a medical care provider has brought a claim in the Workers’ Compensation Commission or Court of Continuing Claims to obtain payment for services, a party who prevails in full on the claim shall be entitled to a reasonable attorney fee.
6.  Charges for prescription drugs shall be limited to ninety percent (90%) of the average wholesale price of the prescription, plus a dispensing fee of Five Dollars ($5.00) per prescription.  "Average wholesale price" means the amount determined from the latest publication of the blue book, a universally subscribed pharmacist reference guide annually published by the Hearst Corporation.  “Average wholesale price" may also be derived electronically from the drug pricing database synonymous with the latest publication of the blue book and furnished in the National Drug Data File (NDDF) by First Data Bank (FDB), a service of the Hearst Corporation.  Physicians shall prescribe and pharmacies shall dispense generic equivalent drugs when available.
G.  Where the employee is not covered by a certified workplace medical plan, the employer shall select the treating physician.  The Commission or Court of Continuing Claims, depending upon the date of the injury, on application of the employee shall order one change of treating physician.  In the event the employee makes application for such a change, the employee shall list on such application three (3) proposed physicians who are qualified to treat the body part affected.  The employer may agree to one of the physicians listed by the employee or submit its own list of three (3) physicians.  If the employee and employer do not agree on the physician, the Commission or Court of Continuing Claims shall select from the list of independent medical examiners maintained by the Commission or Court of Continuing Claims a treating physician who is qualified to treat the body part affected and who can see the employee within a reasonable time.  Additionally, a change of physician shall be allowed for each individual body part injured if the treating physician determines that the employee’s injured body parts cannot be treated by the same physician.
H.  1.  For cases not covered by a certified workplace medical plan, and where the insurance company does not provide case management, case management may be granted by the Workers’ Compensation Commission or Court of Continuing Claims on the request of any party, or when the Commission or Court of Continuing Claims determines that case management is appropriate.  The Commission or Court of Continuing Claims shall appoint a case manager from a list of qualified case managers developed, maintained and periodically reviewed by the Commission or Court of Continuing Claims.
2.  The reasonable and customary charges of a medical case manager appointed by the Commission or Court of Continuing Claims shall be borne by the employer.
3.  Except in cases covered by a certified workplace medical plan, upon application of the employee, the Commission or Court of Continuing Claims, depending upon the date of the injury, may order the employer to provide one change of case manager if the employee did not make the initial selection of the case manager.
I.  Diagnostic tests shall not be repeated sooner than six (6) months from the date of the test unless agreed to by the parties or ordered by the Commission or Court of Continuing Claims, depending upon the date of the injury.
J.  Unless recommended by the treating doctor at the time claimant reaches maximum medical improvement, continuing medical maintenance shall not be awarded by the Workers’ Compensation Court unless there is clear and convincing evidence to the contrary.  At any time, a judge, upon the judge’s own motion or at the request of any party, may appoint an Independent Medical Examiner to determine the nature and extent of continuing medical maintenance Duration of treatment is subject to the limitation established in the treatment guidelines and protocols recommended by the Physician Advisory Committee and approved by the Chief Medical Officer unless waived by the employer or approved by the Chief Medical Officer.  For compensable injuries resulting in the use of a medical device, ongoing service for the medical device would be provided in situations including, but not limited to, medical device battery replacement, ongoing medication refills related to the medical device, medical device repair or medical device replacement. 
SECTION 42.     AMENDATORY     85 O.S. 2001, Section 14.2, as amended by Section 16, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 14.2), is amended to read as follows:
Section 14.2  A.  If a self-insured employer, group self-insurance association plan, an employer’s workers’ compensation insurance carrier or an insured, which shall include any member of an approved group self-insured association, policyholder or public entity, regardless of whether such entity is insured by CompSource, has contracted with a workplace medical plan that is certified by the State Commissioner of Health as provided in Section 14.3 of this title, the employer shall select for the injured employee a the treating physician from the physicians listed within the network of the certified workplace medical plan.  The claimant may apply to the certified workplace medical plan for a one-time change of physician to another appropriate physician within the network of the certified workplace medical plan by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health.
Notwithstanding any other provision of law, those employees who are subject to such certified workplace medical plan shall receive medical treatment in the manner prescribed by the plan.
B.  The provisions of this section shall not preclude:
1.  An employee, who has exhausted the dispute resolution process of the certified workplace medical plan, from petitioning the Workers’ Compensation Commission or Court of Continuing Claims, depending upon the date of injury, or the Administrator of the Workers’ Compensation Commissioner or Court of Continuing Claims for a change of treating physician within the certified workplace medical plan or, if a physician who is qualified to treat the employee’s injuries is not available within the plan, for a change of physician outside the plan, if the physician agrees to comply with all the rules, terms and conditions of the certified workplace medical plan; or
2.  An employee from seeking emergency medical treatment as provided in Section 14 of this title.
C.  The provisions of this section shall not apply to treatment received by an employee for an accepted accidental injury or occupational disease for which treatment began prior to November 4, 1994.
SECTION 43.     AMENDATORY     85 O.S. 2001, Section 14.3, as amended by Section 17, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 14.3), is amended to read as follows:
Section 14.3  A.  Any person or entity may make written application to the Commissioner of Health of the State of Oklahoma to have a workplace medical plan certified that provides management of quality treatment to injured employees for injuries and diseases compensable under the Workers’ Compensation Act.  Each application for certification shall be accompanied by a fee of One Thousand Five Hundred Dollars ($1,500.00).  A workplace medical plan may be certified to provide services to a limited geographic area.  A certificate is valid for a five-year period, unless revoked or suspended.  Application for certification shall be made in the form and manner and shall set forth information regarding the proposed program for providing services as the Commissioner may prescribe.  The information shall include, but not be limited to:
1.  A list of the names of all medical providers who will provide services under the plan, together with appropriate evidence of compliance with any licensing or certification requirements for those providers to practice in this state; and
2.  A description of the places and manner of providing services under the plan.
B.  1.  The Commissioner shall not certify a plan unless the Commissioner finds that the plan:
a.	proposes to provide quality services for all medical services which:
(1)	may be required by the Workers’ Compensation Act in a manner that is timely, effective and convenient for the employee, and
(2)	utilizes medical treatment guidelines and protocols substantially similar to those established for use by medical service providers, which have been recommended by the Physician Advisory Committee and adopted by the Administrator pursuant to subsection B of Section 201.1 of this title.  If the Administrator Workers' Compensation Commissioner has not adopted medical treatment guidelines and protocols, the Commissioner may certify a plan that utilizes medical guidelines and protocols established by the plan if, in the discretion of the Commissioner, the guidelines and protocols are reasonable and will carry out the intent of the Workers’ Compensation Act.  Certified plans must utilize medical treatment guidelines and protocols substantially similar to those adopted by the Administrator pursuant to Section 201.1 of this title, as such guidelines and protocols become adopted,
b.	is reasonably geographically convenient to residents of the area for which it seeks certification,
c.	provides appropriate financial incentives to reduce service costs and utilization without sacrificing the quality of service,
d.	provides adequate methods of peer review, utilization review and dispute resolution to prevent inappropriate, excessive or medically unnecessary treatment, and excludes participation in the plan by those providers who violate these treatment standards,
e.	requires the dispute resolution procedure of the plan to include a requirement that disputes on an issue, including a subsequent change of physician as described in the provisions of Section 14 of this title and this section, related to medical care under the plan be attempted to be resolved within ten (10) days of the time the dispute arises and if not resolved within ten (10) days, the employee may pursue remedies in the Workers’ Compensation Commission or Court of Continuing Claims, depending upon the date of injury,
f.	provides aggressive case management for injured employees and a program for early return to work,
g.	provides workplace health and safety consultative services,
h.	provides a timely and accurate method of reporting to the Commissioner necessary information regarding medical service costs and utilization to enable the Commissioner to determine the effectiveness of the plan,
i.	authorizes necessary emergency medical treatment for an injury provided by a provider of medical, surgical, and hospital services who is not a part of the plan,
j.	does not discriminate against or exclude from participation in the plan any category of providers of medical, surgical, or hospital services and includes an adequate number of each category of providers of medical, surgical, and hospital services to give participants access to all categories of providers and does not discriminate against ethnic minority providers of medical services, and
k.	complies with any other requirement the Commissioner determines is necessary to provide quality medical services and health care to injured employees.
2.  The Commissioner may accept findings, licenses or certifications of other state agencies as satisfactory evidence of compliance with a particular requirement of this section.
C.  If any insurer, except CompSource Oklahoma, fails to contract with or provide access to a certified workplace medical plan, an insured, after sixty (60) days’ written notice to its insurance carrier, shall be authorized to contract independently with a plan of his or her choice for a period of one (1) year five (5) years, to provide medical care under the Workers’ Compensation Act.  The insured shall be authorized to contract, after sixty (60) days’ written notice to its insurance carrier, for additional one-year five-year periods if his or her insurer has not contracted with or provided access to a certified workplace medical plan.
D.  If CompSource Oklahoma fails to contract with at least three certified workplace medical plans, each covering at least fifty counties, then the insured, after sixty (60) days’ written notice to CompSource Oklahoma, shall be authorized to contract independently with a plan of the insured’s choice for a period of one (1) year to provide medical care under the Workers’ Compensation Act.  The insured shall be authorized to contract, after sixty (60) days’ written notice to CompSource Oklahoma, for additional one-year periods if CompSource Oklahoma has not contracted with or fails to continue contracts with at least three certified workplace medical plans covering at least fifty counties.
E.  An employee shall exhaust obtain written confirmation from the certified workplace medical plan that the dispute resolution procedure of the certified workplace medical plan has been exhausted before seeking legal relief on an issue related to medical care under the plan, including a subsequent change of physician as described in the provisions of Section 14 of this title and this section, provided the dispute resolution procedure shall create a process which shall attempt to resolve the dispute within ten (10) days of the time the dispute arises and if not resolved within ten (10) days, the employee may pursue remedies in the Workers’ Compensation Commission or Court of Continuing Claims, depending upon the date of injury.
For those employees covered by a certified workplace medical plan, any medical evaluation obtained outside the plan, after the commencement of treatment under the plan and prior to obtaining written confirmation from the plan that the dispute resolution process has been exhausted, shall not be admissible unless such evaluation provides clear and convincing evidence that the treatment offered under the plan is contrary to the nationally recognized treatment guidelines adopted by the plan.
The Commission shall not alter any course of treatment under a certified workplace medical plan, unless the Chief Medical Officer finds clear and convincing evidence that the treatment offered under the Plan is contrary to the nationally recognized treatment guidelines adopted by the Plan.
F.  The Commissioner shall refuse to certify or shall revoke or suspend the certification of a plan if the Commissioner finds that the program for providing medical or health care services fails to meet the requirements of this section, or service under the plan is not being provided in accordance with the terms of a plan.
G.  On or before November 1, 2005, the Commissioner of Health shall implement a site visit protocol for employees of the State Department of Health to perform an inspection of a certified workplace medical plan to ensure that medical services to a claimant and the medical management of the claimant’s needs are adequately met in a timely manner and that the certified workplace medical plan is complying with all other applicable provisions of this act and the rules of the State Department of Health.  Such protocol shall include, but not be limited to:
1.  A site visit shall be made to each certified workplace medical plan not less often than once every year, but not later than thirty (30) days following the anniversary date of issuance of the initial or latest renewal certificate;
2.  A site visit shall conclude with a determination that a certified workplace medical plan is or is not operating in accordance with its latest application to the State Department of Health;
3.  Compliant operations shall include, but not be limited to:
a.	timely and effective medical services are available with reasonable geographic convenience,
b.	use of appropriate treatment guidelines and protocols, and
c.	effective programs for utilization review, case management, grievances, and dispute resolution;
4.  Performance of a site visit shall include:
a.	inspection of organizational documentation,
b.	inspection of systems documentation and processes,
c.	random or systematic sampling of closed and open case management cases (files),
d.	random or systematic sampling, or a one hundred percent (100%) inspection of all dispute resolution, grievance, and/or Department of Health request for assistance files,
e.	workplace medical plan employee and management interviews, as appropriate;
5.  An initial site visit may occur with an interval of less than twelve (12) months to a recently certified plan, or a site visit may occur more often than once in every twelve (12) months if the Commissioner of Health has reason to suspect that a plan is not operating in accordance with its certification;
6.  If a deficient practice is identified during a site visit, the State Department of Health shall require a certified workplace medical plan to submit a timely and acceptable written plan of correction, and then may perform a follow-up visit(s) to ensure that the deficient practice has been eliminated;
7.  A deficient practice that is not remedied by a certified workplace medical plan on a timely basis shall require the Commissioner of Health to revoke or to suspend the certification of a plan;
8.  The fees payable to the State Department of Health shall be:
a.	One Thousand Five Hundred Dollars ($1,500.00) for an initial, annual site visit,
b.	One Thousand Dollars ($1,000.00) if a follow-up visit is performed,
c.	separate from the once in five (5) years certification application fee, and
d.	not charged if more than two site visits occur in a twelve-month period; and
9.  In addition to the site visit fee, employees of the State Department of Health may charge to the certified workplace medical plan reasonable travel and travel-related expenses for the site visit such as overnight lodging and meals.  A certified workplace medical plan shall reimburse travel expenses to the State Department of Health at rates equal to the amounts then currently allowed under the State Travel Reimbursement Act.
H.  The State Board of Health shall adopt such rules as may be necessary to implement the provisions of this title and this section.  Such rules shall authorize any person to petition the Commissioner of Health for decertification of a certified workplace medical plan for material violation of any rules promulgated pursuant to this section.
I.  All state agencies shall adopt and implement the certified workplace medical plan of their insurer’s choice within one (1) year of November 1, 2011.
SECTION 44.     AMENDATORY     85 O.S. 2001, Section 15, is amended to read as follows:
Section 15.  Where If a compensable injury results in the loss of one or more eyes, teeth, or limbs of the body, the employer shall furnish such prosthetic devices as may be necessary as determined by the Commission or Court of Continuing Claims, depending upon the date of injury, in the treatment and rehabilitation of the injured workman employee.  Where a workman If an employee sustains a compensable injury, arising out of and in the course of his employment, which results in damage to a prosthetic device with which such workman employee is equipped, the employer shall repair or replace such device.
SECTION 45.     AMENDATORY     85 O.S. 2001, Section 16, as amended by Section 18, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 16), is amended to read as follows:
Section 16.  A.  The Workers’ Compensation Commissioner shall hire a Vocational Rehabilitation Director to oversee the vocational rehabilitation program of the Commission.  The Vocational Rehabilitation Director shall have not less than a masters degree in rehabilitation counseling and at least ten (10) years of experience in rehabilitation of injured workers.
B.  The Vocational Rehabilitation Director shall help injured workers return to the work force through the encouragement of light-duty work or retraining.  The Vocational Rehabilitation Director shall review each claim to determine whether vocational rehabilitation services would be appropriate.  If the Director determines it is appropriate for a claimant to receive vocational rehabilitation services, vocational rehabilitation services shall be offered and the Director will oversee such services.  If appropriate, the Vocational Rehabilitation Director shall issue administrative orders, including, but not limited to, an order for a vocational rehabilitation evaluation for any injured employee unable to work for at least ninety (90) days.  In addition, the Vocational Rehabilitation Director may assign injured workers to vocational rehabilitation counselors for coordination of recommended services.  The cost of the services shall be paid by the employer.  If possible, vocational rehabilitation services shall begin concurrently with medical treatment, while the injured employee is temporarily totally disabled and receiving benefits.  The Director may order an evaluation for any injured worker receiving medical case management services.  All such administrative orders are subject to appeal to the full Commission. 
C.  An employee who has suffered an accidental injury or occupational disease covered by the Workers’ Compensation Act shall be entitled to prompt and reasonable physical rehabilitation services.  When, as a result of the injury, the employee is unable to perform the same occupational duties he was performing prior to the injury, the employee shall be entitled to such vocational rehabilitation services provided by a technology center school, a public vocational skills center or public secondary school offering vocational-technical education courses, or a member institution of The Oklahoma State System of Higher Education, which shall include retraining and job placement so as to restore the employee to gainful employment.  No person shall be adjudicated to be permanently and totally disabled unless first having obtained an evaluation as to the practicability of restoration to gainful employment through vocational rehabilitation services or training.  The employee shall pay the cost of the evaluation.  If an employee claiming permanent total disability status unreasonably refuses to be evaluated or to accept vocational rehabilitation services or training, permanent total disability benefits shall not be awarded during the period of such refusal, and the employee shall be limited to permanent partial disability benefits only.  The Administrator Workers' Compensation Commissioner shall promulgate rules governing notice to an injured employee of the right to receive vocational rehabilitation.  If rehabilitation services are not voluntarily offered by the employer and accepted by the employee, the officer, arbitrator or judge of the Commission or Court of Continuing Claims may on the Court’s Commission's or Court of Continuing Claims' own motion, or if requested by a party may, after affording all parties an opportunity to be heard, refer the employee to a qualified physician or facility for evaluation of the practicability of, need for and kind of rehabilitation services or training necessary and appropriate in order to restore the employee to gainful employment.  The cost of the evaluation shall be paid by the employer.  Following the evaluation, if the employee refuses the services or training ordered by the Commission or Court of Continuing Claims, or fails to complete in good faith the vocational rehabilitation training ordered by the Commission or Court of Continuing Claims, then the cost of the evaluation and services or training rendered may, in the discretion of the Commission or Court of Continuing Claims, be deducted from any award of benefits to the employee which remains unpaid by the employer.  Upon receipt of such report, and after affording all parties an opportunity to be heard, the Commission or Court of Continuing Claims shall order that any rehabilitation services or training, recommended in the report, or such other rehabilitation services or training as the Commission or Court of Continuing Claims may deem necessary, provided the employee elects to receive such services, shall be provided at the expense of the employer.  Except as otherwise provided in this subsection, refusal to accept rehabilitation services by the employee shall in no way diminish any benefits allowable to an employee.
B. D.  Vocational rehabilitation services or training shall not extend for a period of more than fifty-two (52) one hundred four (104) weeks.  This period may be extended for an additional fifty-two (52) weeks or portion thereof by special order of the Commission or Court of Continuing Claims, after affording the interested parties an opportunity to be heard.  A request for vocational rehabilitation services or training may be filed with the Administrator by an interested party at any time after the date of injury but not later than sixty (60) days from the date of the final determination that permanent partial disability benefits are payable to the employee.  Vocational rehabilitation services or training shall be payable only to the appropriate agency, institution or facility performing the rehabilitation and shall not be payable as a separate item in any settlement, order or award to the claimant.  Nor shall the value of such vocational rehabilitation services or training be included in any calculation for legal fees.
C. E.  Where rehabilitation requires residence at or near the facility or institution which is away from the employee’s customary residence, reasonable cost of the employee’s board, lodging, travel, tuition, books and necessary equipment in training shall be paid for by the insurer in addition to weekly compensation benefits to which the employee is otherwise entitled under the Workers’ Compensation Act.
D. F.  During the period when an employee is actively and in good faith being evaluated or participating in a retraining or job placement program for purposes of evaluating permanent total disability status, the employee shall be entitled to receive benefits at the same rate as the employee’s temporary total disability benefits computed pursuant to Section 22 of this title for a period of fifty-two (52) one hundred four (104) weeks which may be extended by the Commission or Court of Continuing Claims for up to a maximum of an additional fifty-two (52) weeks.  No attorney fees shall be awarded or deducted from such benefits received during this period.  All tuition related to vocational rehabilitation services shall be paid by the employer or the employer’s insurer on a periodic basis directly to the facility providing the vocational rehabilitation services or training to the employee.
G.  Any employer willing to provide on-the-job training to an injured employee may opt out of workers' compensation insurance while the employee is in such training.
H.  If an employer does not offer light duty or early return to work programs, the injured employee shall be eligible for a vocational evaluation.
SECTION 46.     AMENDATORY     85 O.S. 2001, Section 17, as last amended by Section 19, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 17), is amended to read as follows:
Section 17.  A.  1.  The determination of disability shall be the responsibility of the Workers’ Compensation Court of Continuing Claims.  Any claim submitted by an employee for compensation for permanent disability must be supported by competent medical testimony which shall be supported by objective medical findings, as defined in Section 3 of this title, and which shall include an evaluation by the treating physician or an independent medical examiner if there is no evaluation by the treating physician, stating his or her opinion of the employee’s percentage of permanent impairment and whether or not the impairment is job-related and caused by the accidental injury or occupational disease.  A copy of any written evaluation shall be sent to both parties within seven (7) days of issuance.  Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty.  For purposes of this section, a physician shall have the same meaning as defined in Section 14 of this title and shall include a person licensed by another state who would be qualified to be a licensed physician under the laws of this state.
2.  Any party may object to the opinion of the treating physician by giving written notice to all other parties and to the Court of Continuing Claims.  Upon receipt of such notice, if the parties fail to agree on the selection of an independent medical examiner, the Court of Continuing Claims shall randomly select an independent medical examiner who shall be afforded a reasonable opportunity to examine the employee together with all medical records involved and any other medical data or evidence that the independent medical examiner may consider to be relevant.  The independent medical examiner shall issue a verified written report on a form provided by the Administrator to the Court of Continuing Claims stating his or her finding of the percentage of permanent impairment of the employee and whether or not the impairment is job-related and caused by the accidental injury or occupational disease.
a.	There shall be a rebuttable presumption in favor of the treating physician’s opinions on the issue of temporary disability, permanent disability, causation, apportionment, rehabilitation or necessity of medical treatment.  Any determination of the existence or extent of physical impairment shall be supported by objective medical evidence, as defined in Section 3 of this title.
b.	The Independent Medical Examiner shall be allowed to examine the claimant, receive any medical reports submitted by the parties and review all medical records of the claimant.  If the Independent Medical Examiner determines that the opinion of the treating physician is supported by the objective medical evidence, the Independent Medical Examiner shall advise the Court of Continuing Claims of the same.  If the Independent Medical Examiner determines that the opinion of the treating physician is not supported by objective medical evidence, the Independent Medical Examiner shall advise the Court of Continuing Claims of the same and shall provide the Court of Continuing Claims with his or her own opinion.  In cases in which an independent medical examiner is appointed, the Court of Continuing Claims shall not consider the opinion of the Independent Medical Examiner unless the Independent Medical Examiner determines that the opinion of the treating physician is not supported by objective medical evidence, in which case the Court of Continuing Claims shall follow the opinion of the Independent Medical Examiner, the opinion of the treating physician or establish its own opinion within the range of opinions of the treating physician and the Independent Medical Examiner.  If the Court of Continuing Claims does not follow the opinion of the treating physician, the Court of Continuing Claims shall set out its reasons for deviating from the opinion of the treating physician.
3.  Any party may request the deposition testimony of the treating physician or the Independent Medical Examiner providing a written medical report on the issue of temporary disability, permanent disability, causation, apportionment or rehabilitation.  The party requesting the deposition testimony of any such physician shall be responsible for the reasonable charges of the physician for such testimony, preparation time, and the expense of the deposition.
B.  Upon receipt of an independent medical examiner’s report, any party shall have the right to object to the introduction into evidence of the report.  The objection must be made by giving written notification to all parties and to the Court of Continuing Claims within ten (10) days after receipt of the report.  The Independent Medical Examiner shall then testify in person or by deposition.
C.  An independent medical examiner who is selected pursuant to the provisions of this section shall be reimbursed for the review of the medical records and any medical examination, reports and fees in a reasonable and customary amount set by the Court of Continuing Claims, and these costs shall be borne by the party objecting to the opinion of the treating physician unless the opinion of the Independent Medical Examiner favors the objecting party in which case the other party shall bear the costs.
D.  1.  The Court of Continuing Claims shall develop and implement an independent medical examiner system by no later than July 1, 1995.  The Court of Continuing Claims shall create, maintain and review a list of licensed physicians who shall serve as independent medical examiners from a list of licensed physicians who have completed such course study as the Administrator of the Workers’ Compensation Court of Continuing Claims may require.  Such courses shall provide training to establish familiarity with the American Medical Association’s “Guides to the Evaluation of Permanent Impairment”, or alternative method or system of evaluating permanent impairment, for the category of injury established by the Administrator for which such physician desires to be an independent medical examiner.  The Court of Continuing Claims shall, to the best of its ability, include the most experienced and competent physicians in the specific fields of expertise utilized most often in the treatment of injured employees.  The Court of Continuing Claims may remove an independent medical examiner from the list for cause.
2.  An independent medical examiner in a case involving permanent disability shall not be a treating physician of the employee and shall not have treated the employee with respect to the injury for which the claim is being made or the benefits are being paid.  Nothing in this subsection precludes the selection of a health care provider authorized to receive reimbursement under Section 14 of this title to be randomly selected to serve in the capacity of an independent medical examiner.
3.  The Court of Continuing Claims shall randomly select an independent medical examiner from the list of independent medical examiners within fifteen (15) days when the employer or the employee petitions the Court of Continuing Claims for the selection of an independent medical examiner on the grounds that the petitioner disagrees with the findings of the treating physician.  Whenever possible, the Independent Medical Examiner shall be certified by a recognized American medical specialty board in the area or areas appropriate to the condition under review.
4.  The Court of Continuing Claims shall, to the best of its ability, maintain a geographic balance of independent medical examiners.
5.  The treating physician is responsible for the expeditious transmittal of the employee’s medical records to the Independent Medical Examiner.  The parties are responsible for the expeditious transmittal of prior Court of Continuing Claims orders involving the employee, and other pertinent information to the Independent Medical Examiner.
6.  The Independent Medical Examiner shall submit a verified written report to the Court of Continuing Claims as provided in subsection A of this section and shall provide a copy of the report to the parties.  In the event the Independent Medical Examiner determines that more medical treatment is necessary or in the event the treating physician refuses to treat, the employer shall designate a treating physician to provide the indicated treatment, as provided in Section 14 of this title.
7.  If the Independent Medical Examiner determines that the employee is capable of returning to work and the claimant elects not to do so, temporary total disability benefits shall cease.  In any case where the claimant contests the cessation of such benefits, the Court of Continuing Claims shall hear the dispute within thirty (30) days after the filing of the employee’s Motion to Set for Trial.  The trial shall not be delayed unless both parties agree.
8.  Any independent medical examiner who is selected pursuant to the provisions of this subsection shall be reimbursed for the medical examination, reports and fees in a reasonable and customary amount set by the Court of Continuing Claims, and these costs shall be borne by the employer.
9.  The Court of Continuing Claims, in consultation with the Advisory Council on Workers’ Compensation, shall create a review process to oversee on a continuing basis the quality of performance and the timeliness of the submission of medical findings by independent medical examiners.
10.  When the injured worker is released from treatment by the treating physician for all body parts injured, the employer may terminate temporary total disability by notifying the employee of the termination.  The employee is entitled to one objection under this paragraph.
a.	If an objection to the termination is filed by the employee within twenty (20) days of receipt of the notice of termination, then the Court of Continuing Claims shall appoint an independent medical examiner to determine if further medical treatment is reasonable and necessary.  The Independent Medical Examiner shall not provide treatment to the injured worker.  The employer shall bear the cost of the independent medical examination.
b.	An aggrieved party shall have ten (10) days from receipt of the medical report of the Independent Medical Examiner to file an objection.  If an objection is timely filed, the deposition of the Independent Medical Examiner shall be taken and the matter submitted to the Court of Continuing Claims for a final determination.  The objecting party shall bear the cost of deposition.
11.  The Court of Continuing Claims shall promulgate rules necessary to effectuate the purposes of this subsection.
E.  The impairment rating determined by the Independent Medical Examiner shall be based upon objective medical evidence.
F.  In no event may an independent medical examiner, whether directly, or indirectly by virtue of a pecuniary interest, economically benefit from the performance of treatment of an employee whose claim the independent medical examiner has reviewed for permanent impairment, return to work, or the necessity of further medical treatment, unless both employee and employer agree through written stipulation and said stipulation occurs prior to appointment, referral and notice to said independent medical examiner.
SECTION 47.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 17.1 of Title 85, unless there is created a duplication in numbering, reads as follows:
For any compensable injury or illness occurring on or after November 1, 2011, the determination of disability shall be the responsibility of the Chief Medical Officer of the Workers’ Compensation Commission.  Any claim submitted by an employee for compensation for permanent disability shall be supported by competent medical testimony which shall be supported by objective medical findings, as defined in Section 3 of Title 85 of the Oklahoma Statutes, and which shall include an evaluation by the treating physician or a Medical Impairment Rating Registry (MIR) physician as set out in Section 48 of this act if there is no evaluation by the treating physician or if there is a dispute as to the impairment rating as set out in Section 48 of this act.  The evaluation shall state the physician’s opinion of the employee’s percentage of permanent impairment and whether the impairment is job-related and caused by the accidental injury or occupational disease.  A copy of any written evaluation shall be sent to both parties within seven (7) days of issuance.  Medical opinions addressing compensability and permanent impairment shall be stated within a reasonable degree of medical certainty.  For purposes of this section, a physician shall have the same meaning as defined in Section 14 of Title 85 of the Oklahoma Statutes and shall include a person licensed by another state who would be qualified to be a licensed physician under the laws of this state. 
SECTION 48.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 18 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  This section shall apply to all workers compensation claims filed on or after November 1, 2011.
B.  As used in this act:
1.  “Act” means the Workers Compensation Act, Title 85 of the Oklahoma Statutes, as amended;
2.  “Chief Medical Officer” means the Chief Medical Officer appointed by the Workers’ Compensation Commission;
3.  “Commission” means the Workers’ Compensation Commission;
4.  "Commissioner" means the Commissioner of the Workers' Compensation Commission;
5.  “Dispute of degree of medical impairment” means: either at least two different physicians have issued differing permanent medical impairment ratings in compliance with the act and the parties disagree as to those permanent impairment ratings, or a dispute may also exist if a physician has issued an opinion in compliance with the act that no permanent medical impairment exists, yet that physician has issued permanent physical restrictions to the injured employee; 
6.  “Division” means the Chief Medical Officer’s Division of the Workers’ Compensation Commission;
7.  “Employee” shall have the same meaning as set forth in Section 3 of Title 85 of the Oklahoma Statutes;
8.  “Employer” shall have the same meaning as set forth in Section 3 of Title 85 of the Oklahoma Statutes;
9.  “Form” means the “Application for a Medical Impairment Rating”, required to be used to request an MIR Registry physician from the Commission;
10.  “Insurer” or “carrier” means an employer’s workers’ compensation insurance carrier and additionally shall include any entity claiming, operating, or attempting to operate as a self-insured employer, self-insured pool, or self-insured trust pursuant to the requirements of Oklahoma law; 
11.  “Medical Impairment Rating Registry” or “MIR Registry” means the registry or listing of physicians established by the Commission to perform independent medical impairment ratings when there is a dispute as to the degree of medical impairment, as defined above;
12.  “Party” means any person or entity which either could be liable for payment of workers’ compensation benefits or a person who has a potential right to receive workers’ compensation benefits.  “Party” shall include a legal representative of a party; 
13.  “Physician” shall have the same meaning as set forth in Section 14 of Title 85 of the Oklahoma Statutes; and
14.  “Program Coordinator” means the chief administrative officer of the MIR Registry Program, appointed by the Chief Medical Officer.
C.  1.  The purpose of the Medical Impairment Rating Registry Program is to establish a resource to resolve disputes regarding the degree of permanent medical impairment ratings for injuries or occupational disease to which workers’ compensation statutes apply. In order to ensure high-quality independent medical impairment evaluations, the Commissioner shall establish the Medical Impairment Rating Registry Program.  MIR Registry physicians shall provide evaluations in a manner consistent with the standard of care in their community, as well as issue opinions based upon the applicable edition of the AMA "Guides to the Evaluation of Permanent Impairment" or other appropriate method pursuant to Title 85 of the Oklahoma Statutes.
2.  The MIR Registry is available to any party with a dispute of the degree of medical impairment rating as defined herein for injuries or any occupational disease which occurred on or after the effective date of this act.  The only aspect considered by a MIR Registry physician shall be the degree of permanent medical impairment.
D.  A physician seeking appointment to the MIR Registry shall make application and must satisfy the following qualifications:
1.  Possess a license to practice medicine or osteopathy in Oklahoma which is current, active, and unrestricted;
2.  Be board-certified in their respective specialty by a board recognized by the American Board of Medical Specialties, the American Osteopathic Association or another organization acceptable to the Chief Medical Officer;
3.  Have successfully completed a training course, approved by the Chief Medical Officer, dedicated to the proper application of the applicable edition of the American Medical Association's "Guides to the Evaluation of Permanent Impairment" (hereafter the “AMA Guides”) in impairment evaluation and furnish satisfactory evidence thereof; and
4.  Furnish satisfactory proof of carrying the minimum medical malpractice insurance coverage.
E.  1.  Appointment to the MIR Registry shall be for a two-year term, except as otherwise set forth herein.  Physicians may seek renewal appointments by the same process as the initial application described herein.  The Commissioner reserves the right to charge physicians a nonrefundable application fee upon appointment, renewal, or reinstatement to the MIR Registry.  The Chief Medical Officer shall have the sole and exclusive authority to approve or reject applications for inclusion on the MIR Registry.
2.  Physicians seeking appointment to the MIR Registry shall complete an “Application for Appointment to the MIR Registry”, certify to and, upon approval of the application, comply with the following conditions:
a.	conduct all MIR evaluations based on the guidelines in the applicable edition of the AMA Guides and submit the original “MIR Report” with all attachments to the Program Coordinator.  In cases not covered by the applicable AMA Guides, any impairment rating allowed under the act shall be appropriate,
b.	decline requests to conduct an evaluation only on the basis of good cause shown.  Consideration shall be given to a physician’s schedule and other previously arranged or emergency obligations,
c.	comply with the MIR Registry’s rules,
d.	while on the MIR Registry, agree to maintain an active and unrestricted license to practice medicine or osteopathy in Oklahoma and to immediately notify the Program Coordinator of any change in the status of the license, including any restrictions placed upon the license,
e.	while on the MIR Registry, agree to maintain all board certifications listed on the application and to immediately notify the Program Coordinator of any change in their status,
f.	conduct MIR evaluations in an objective and impartial manner, and:
(1)	conduct these evaluations only in a professional medical office suitable for medical or psychiatric evaluations where the primary use of the site is for medical service, 
(2)	comply with all local, state and federal laws, regulations, and other requirements with regard to business operations, including specific requirements for the provision of medical services, and 
(3)	not conduct a physical examination on a claimant of the opposite sex without a witness of the same sex as the claimant present,
g.	not refer any MIR Registry claimant to another specific physician for any treatment or testing nor suggest referral or treatment.  However, if new diagnoses are discovered, the physician has a medical obligation to inform the requesting party and the claimant about the condition and recommend further medical assessment,
h.	not become the treating physician for the claimant regarding the work-related injury,
i.	not evaluate a MIR Registry claimant if a conflict of interest exists,
j.	not substitute, or allow to be substituted, anyone else, including any other physician, physician assistant, nurse practitioner, physical therapist or staff member, as the physician to conduct the MIR Registry evaluation,
k.	no later than fifteen (15) calendar days after a request by the Program Coordinator to refund to the paying party part or all of any fee paid by that party for a MIR Registry evaluation, as may be required by the Chief Medical Officer, and
l.	for each MIR Registry case assigned, address only the issue of permanent impairment rating. 
3.  Physicians denied appointment to the MIR Registry on their initial application may seek reconsideration of their application by submitting a request for reconsideration stating the grounds for such reconsideration to the Program Coordinator within fifteen (15) calendar days of the issuance of the Notice of Denial of their application.  The Chief Medical Officer may affirm or reverse the initial determination upon reconsideration of the initial decision.  The Chief Medical Officer shall issue a Notice of Final Determination which shall be the final decision. 
F.  1.  When a dispute of the degree of medical impairment exists as defined in this section, any party may request a listing of physicians from the Commission’s MIR Registry by completing an “Application for a Medical Impairment Rating” (hereinafter “Form”).  The completed Form shall be returned to the Program Coordinator via electronic mail, facsimile or U.S. Mail.  
2.  The Chief Medical Officer shall require the request for a MIR Registry physician to designate:
a.	all body parts or medical conditions to be evaluated,
b.	the names of all physicians that have previously evaluated, treated or are currently evaluating or treating the claimant for the work-related injury, and
c.	the state file number assigned to the claims.
3.  Within five (5) business days of receipt of the completed Form from the requesting party, the Program Coordinator shall issue a listing of all qualified physicians in the appropriate geographic area, which shall mean within a one-hundred-mile radius of the employee’s residence, from the MIR Registry to all parties listed on the Form so the parties may negotiate an agreement on the selection of a physician as the MIR Registry physician.  If the parties agree, they shall notify the Program Coordinator of the agreement so the Program Coordinator may schedule the appointment with the selected physician for the MIR examination.  Parties agreeing to the selection of the MIR Registry physician under this paragraph must abide by all requirements set forth herein.  A written opinion as to the permanent impairment rating given by the MIR Registry physician selected pursuant to this section shall be presumed to be the accurate impairment rating. 
4.  If the parties cannot agree upon selection of a MIR Registry physician from the Program Coordinator listing of MIR Registry physicians provided within fifteen (15) calendar days of the Program Coordinator’s issuing the requested listing, it shall be the responsibility of the employer to provide a written request to the Program Coordinator to provide a three-physician list by submitting such request on the Form.  A written opinion as to the permanent impairment rating given by the MIR Registry physician selected pursuant to this section shall be presumed to be the accurate impairment rating.
5.  The submitting party shall certify that all parties, as well as the Program Coordinator, have been sent the completed Form at the same time.  The Form shall not be processed until required information has been provided.
6.   a.	Within five (5) business days of receipt of the completed “Application for a Medical Impairment Rating”, the Division shall produce a list of three qualified physicians drawn from the Chief Medical Officer’s MIR Registry, from which one physician shall be designated to perform the evaluation.  The three-physician listing created shall be comprised of physicians qualified, based on the information provided by the physician and on their accreditation to perform evaluations of the body part or parts or medical condition or conditions designated on the application for an evaluation.
b.	All physician selections shall be derived from the pool of qualified physicians.
7.   a.	Within three (3) business days of the issuance of the three-physician listing, the employer shall strike one name and inform the Program Coordinator and all parties of the remaining physicians.  Within three (3) business days of the date of receipt of that name from the employer, the claimant shall strike one of the two remaining names and inform the Program Coordinator and other parties of the name of the remaining physician, who will perform the evaluation.
b.	If one party fails to timely strike a name from the listing, the other party shall notify the Program Coordinator and at the same time provide to the Program Coordinator the name that it wishes to strike.  In that situation, the Chief Medical Officer may randomly select one physician from the remaining two, and that physician shall perform the evaluation.  The Program Coordinator shall inform the parties of the name of the selected physician in writing.
c.	If a selected physician is unable to perform the evaluation, the Program Coordinator shall provide one replacement name to the original listing using the same criteria and process set forth above, and present that revised listing to the parties and each shall again strike one name according to the above procedures.  Additionally, if a physician is removed from the three-physician listing for any reason other than having been struck by one of the parties, the Program Coordinator shall issue one replacement physician name.
8.  Within three (3) business days of providing or receiving notice of the MIR physician selection, the Program Coordinator shall contact the MIR Registry physician to schedule the evaluation, and shall immediately notify all parties of the date and time of the evaluation.  Only after this notification the employer shall contact the MIR Registry physician and only to arrange for payment and for medical records submission required by the rules. 
9.   a.	All parties shall concurrently provide to the MIR registry physician and all other parties a complete copy of all pertinent medical records pertaining to the subject injury, postmarked or hand-delivered at least ten (10) calendar days prior to the evaluation.  If necessary, the claimant shall promptly sign a “MIR Waiver and Consent” permitting the release of information relevant to the subject injury to the MIR physician.
b.	In cases involving untimely medical record submission by a party, the Program Coordinator may elect to reschedule the evaluation to allow the physician adequate time for record review.  Otherwise, the physician shall perform the evaluation and shall produce a “MIR Report”.
c.	The medical records shall include a dated cover sheet listing the claimant’s name, MIR Registry physician’s name, MIR Registry case number, date and time of the appointment, and claim number, if appropriate.  The medical records shall be in chronological order, by provider, and tabbed by year.  
d.	Medical bills, adjustor notes, surveillance tapes, denials, vocational rehabilitation reports, case manager records or commentaries to the MIR Registry physician shall not be submitted.
10.  Any forms the MIR physician requests to be completed shall be completed by the claimant.  If the claimant needs assistance in completing these forms for any reason, the claimant shall notify the MIR Registry physician prior to the evaluation so that assistance can be provided by the MIR Registry physician’s staff.  The case manager shall not meet with the MIR Registry physician.
11.  The claimant shall notify the Program Coordinator of the necessity for a language translator at the time of the notification of the chosen physician’s name.  The Program Coordinator shall arrange for such services and the employer shall be responsible for compensating such language translator.  The language translator shall be impartial and independent, and have no professional or personal affiliation with any party to the claim or to the MIR Registry physician.
12.  When a claimant is required to travel outside a radius of fifteen (15) miles from the claimant’s residence or workplace, then such claimant shall be reimbursed by the employer for reasonable travel expenses as allowed in Title 85 of the Oklahoma Statutes. 
G.  1.  A physician performing evaluations under this section shall be prepaid by the employer a total evaluation fee for each evaluation performed, under a MIR Registry physician estimated time-table as outlined below:
a.	One Thousand Dollars ($1,000.00) for completed reports received and accepted by the Program Coordinator within thirty (30) calendar days of the scheduling of the appointment,
b. 	Eight Hundred Fifty Dollars ($850.00) for completed reports received and accepted by the Program Coordinator between thirty-one (31) and forty-five (45) calendar days of the scheduling of the appointment,
c.	Five Hundred Dollars ($500.00) for completed reports received and accepted between forty-six (46) and sixty (60) days of the scheduling of the appointment, and
d.	no fee paid for completed reports received and accepted by the Program Coordinator later than sixty (60) calendar days of the scheduling of the appointment.
2.  The evaluation fee includes normal record review, the evaluation, and production of a standard “MIR Report”.  All nonroutine tests for an impairment rating essential under the applicable edition of the AMA Guides to the Evaluation of Permanent Impairment shall be performed prior to the evaluation.  Routine tests necessary for a complete evaluation shall be performed by the MIR Registry physician as part of the evaluation at no additional cost.
3.  Failure by an employer or insurer to prepay the evaluation fee shall allow the physician to charge the employer an additional one-hundred-dollar late fee for the evaluation.  If the evaluation fee or late fee remains unpaid fifteen (15) calendar days following the date of the evaluation, an additional two-hundred-fifty-dollar penalty is authorized.  If any portion of a fee or penalty remains unpaid after an additional thirty-calendar-day period, an additional five-hundred-dollar penalty is authorized, and reauthorized for each additional thirty–calendar-day period, or portion thereof, that it remains unpaid until all fees or penalties or both fees and penalties are fully paid.  Failure by a MIR Registry physician to timely refund any unearned evaluation fee shall allow the employer or insurer to recover in addition to the unearned fee a one-hundred-dollar late fee from that MIR Registry physician.  If the unearned fee or late fee remains unpaid fifteen (15) calendar days following the date of the evaluation, an additional two-hundred-fifty-dollar penalty against the MIR Registry physician is authorized.  If any portion of the unearned fee or penalty remains unpaid after an additional thirty-calendar-day period, an additional five-hundred-dollar penalty is authorized, and reauthorized for each additional thirty-calendar-day period, or portion thereof, that it remains unpaid until all fees or penalties or both fees and penalties are fully paid. 
4.  To be considered timely, notice of a party’s desire to cancel an evaluation appointment shall be given to the Program Coordinator at least three (3) business days prior to the date of the evaluation.  An evaluation may be canceled or rescheduled only after obtaining the consent of the Chief Medical Officer.  The Chief Medical Officer shall decide whether an evaluation may be rescheduled within ten (10) calendar days of a request to cancel.  
a.	If the request to cancel is not timely, the MIR registry physician shall be entitled to collect or retain a three-hundred-dollar cancellation penalty fee.  If the evaluation is rescheduled, the MIR Registry physician is entitled to the entire evaluation fee (for the rescheduled evaluation) in addition to this fee. 
b.	If the claimant fails to appear for the evaluation with good cause, the Program Coordinator shall reschedule the evaluation. 
c.	If the claimant fails to appear for the evaluation without good cause as determined by the Program Coordinator, this may be deemed a refusal to comply with a reasonable request for medical examination and the injured employee’s right to compensation may be suspended, by order of the Chief Medical Officer, and no compensation shall be due and payable while the injured employee continues such refusal. 
H.  In instances of more than one impairment rating being disputed in more than one medical specialty, and there is an insufficient number of physicians on the Registry who are qualified to perform all aspects of the evaluation, separate evaluation may be required, each being separate application and physician-selection processes and fees. 
I.  1.  During the MIR physician selection process, registry physicians cannot render opinions as to the impairment relating to the subject injury to a party to the case in cases in which the physicians' name appears on the three-physician listing.  MIR Registry physicians who have rendered an opinion as to the impairment relating to the subject injury to a party must disclose the nature and extent of those discussions to the Program Coordinator immediately upon their selection as the MIR Registry physician.  The Chief Medical Officer, in the Chief Medical Officer’s sole authority, shall determine whether or not a conflict of interest exists.  Failure to disclose a potential conflict of interest may result in a physician’s removal from the MIR Registry.  While removed from the Registry, physicians shall not be eligible to perform MIR evaluations. 
2.  If selected as the MIR physician, there shall be no communication with the parties or their representatives prior to the evaluation, unless allowed by this section or approved by the Chief Medical Officer.  Any approved communication, other than arranging for payment and the submission of medical records and the evaluation itself, shall be in writing with copies to all parties and the Program Coordinator.  Failure by a Registry physician to disclose such communications shall subject that physician to penalties under the rules. 
3.  A party seeking the presence of the MIR physician as a witness at a proceeding for any purpose, by subpoena, deposition or otherwise, shall be responsible for payment for those services to the MIR physician.  Deposition fees shall be in accordance with applicable state rules and laws. 
J.  1.  The MIR Registry physician's responsibilities prior to the evaluation are to:
a.	review all materials provided by the parties subject to this section, and
b.	review the purpose of the evaluation and the impairment questions to be answered in the evaluation report.  
2.  The MIR Registry physician’s responsibilities following the evaluation are to:
a.	consider all medical evidence obtained in the evaluation and provided by the parties subject to this section,
b.	complete a "MIR Report”,
c.	notify the Program Coordinator when the report has been completed, and
d.	send the complete report with all required attachments to the Program Coordinator only, via electronic mail or overnight delivery.  The Program Coordinator shall acknowledge, to the physician, receipt of the report. 
3.  No physician-patient relationship is created between the MIR Registry physician and the claimant through the MIR Registry evaluation.  The sole purpose of the evaluation is to establish an impairment rating and not to recommend future treatment or to provide a diagnosis or other medical advice.  However, if new diagnoses are discovered, the physician has a medical obligation to inform the requesting party and the claimant about the condition and recommend further medical assessment. 
K.  1.  After conducting the evaluation, the MIR physician shall produce the “MIR Report”.  The format, approved by the Chief Medical Officer, shall be used in all cases to detail the evaluation’s results.  The MIR Registry physician shall first review the determination by the attending physician that the claimant has reached Maximum Medical Improvement (MMI).
2.  If, after reviewing the records, taking a history from the claimant and performing the evaluation, the MIR Registry physician concurs with the attending doctor’s determination of MMI, the report shall, at a minimum, contain the following:
a.	a brief description and overview of the claimant’s medical history as it relates to the subject injury, including reviewing and recapping all previous treatments, 
b.	a statement of concurrence with the attending doctor’s determination of MMI,
c.	pertinent details of the physical evaluation performed (both positive and negative findings),
d.	an impairment rating consistent with the findings and utilizing a standard method as outlined in the applicable AMA Guides, calculated as a total to the whole person if appropriate.  In cases not covered by the AMA Guides, an impairment rating by any appropriate method used and accepted by the medical community is allowed.  However, a statement that the AMA Guides fails to cover the case as well as a statement of the system on which the rating was based shall be included,
e.	the rationale for the rating based on reasonable medical certainty, supported by specific references to the clinical findings, especially objective findings and supporting documentation including the specific rating system, section, tables, figures, and AMA Guides page numbers, when appropriate, to clearly show how the rating was derived, and
f.	a true or electronic signature and date by the MIR physician performing the evaluation certifying to the following:
“It is my opinion, both within and to a reasonable degree of medical certainty that, based upon all information made available to me at the time of the MIR impairment evaluation and by utilizing the relevant AMA Guides or other appropriate method as noted above, the claimant has the permanent impairment so described in this report.  I certify that the opinion furnished is my own, that this document accurately reflects my opinion, and that I am aware that my signature attests to its truthfulness.  I further certify that my statement of qualifications to serve on the MIR Registry is both current and completely accurate.”
3.  If, after reviewing the records, taking a history from the claimant and performing the evaluation, the MIR Registry physician does not concur with the attending doctor’s determination of MMI, a report shall be completed similar to the one outlined above which documents and certifies to, in sufficient detail, the rationale for disagreeing.  The MIR Registry physician shall be entitled to collect or retain the appropriate MIR fee regardless of the opinion. 
4.  Services rendered by a MIR Registry physician shall conclude upon the Chief Medical Officer’s acceptance of the final “MIR Report”.  A MIR report is final and accepted for the purpose of this section when it includes the requested determination regarding final medical impairment rating and any necessary worksheets.  Once the report has been accepted, the Program Coordinator shall distribute copies of the report to the parties. 
L.  All MIR Reports are subject to review for appropriateness and accuracy by an individual or organization designated by the Chief Medical Officer at any time.  Failure to properly apply the AMA Guides in determining am impairment rating, as determined by the Chief Medical Officer, may result in penalties up to and including removal from the MIR Registry.
M.  1.  The Chief Medical Officer may remove a physician from the MIR Registry permanently or temporarily.  In doing so, the Chief Medical Officer shall first notify the physician in writing that the physician is at risk of being removed from the MIR Registry.  The Chief Medical Officer may remove a physician from the MIR Registry permanently or temporarily based upon any of the following grounds:
a.	misrepresentation on the “Application for Appointment to the MIR Registry” as determined by the Chief Medical Officer,
b.	failure to timely report a conflict of interest in a case assignment, as determined by the Chief Medical Officer,
c.	refusal or substantial failure to comply with the provisions of this section, including, but not limited to, failure to determine impairment ratings correctly using the AMA Guides, as determined by the Chief Medical Officer,
d.	failure to maintain the requirements of this section, as determined by the Chief Medical Officer, and
e.	any other reason for the good of the Registry as determined solely and exclusively by the Chief Medical Officer.
2.  Written complaints regarding any MIR Registry physician shall be submitted to the Program Coordinator.  Upon receipt of a complaint regarding a MIR Registry physician, the Chief Medical Officer shall send written notice of the complaint to such physician, stating the grounds, and notifying the physician that the physician is at risk of being removed from the MIR Registry.
a.	The physician shall have thirty (30) calendar days from the date of the Notice of Complaint in which to respond in writing to the complaint or complaints, and may submit any responsive supporting documentation to the Program Coordinator for consideration.  Failure of the physician to submit a timely response to the Notice of Complaint may result in removal of the physician from the MIR Registry.
b.	The Chief Medical Officer shall consider the complaint or complaints and any response from the physician in reaching a decision as to whether the physician shall be removed from the MIR Registry, and if removed, whether the removal shall be permanent or temporary. 
c.	Upon reaching a determination on the complaint or complaints, the Chief Medical Officer shall issue a written Notice of Determination and set forth the basis for the decision in such Notice.  The determination set forth shall become final fifteen (15) calendar days after issuance of the Notice of Determination, unless a timely request for reconsideration is received. 
d.	A MIR Registry physician may seek reconsideration of an adverse decision from the Chief Medical Officer by submitting a request for reconsideration stating the grounds for such reconsideration to the Commission within fifteen (15) calendar days of the issuance of the Notice of Determination.  The Commission may affirm, modify or reverse the initial determination upon reconsideration of the initial decision.  The Commission shall issue a Notice of Determination upon Reconsideration which shall be the final decision.
3.  A physician who has been removed from the MIR Registry by the Chief Medical Officer may apply for reinstatement six (6) months after the date of removal by submitting a written request to the Program Coordinator.
N.  Notwithstanding any other provision in this section to the contrary, and in addition to any other penalty provided for in this section, failure by any party to comply with this section in a manner for which no penalty has specifically been set forth herein may subject that party to civil penalties of One Hundred Dollars ($100.00) per violation, as determined by the Chief Medical Officer.  Any party so penalized may request a contested case hearing by submitting a request for such hearing within fifteen (15) days of issuance of the notice of violation and assessment of civil penalties hereunder to the Commission.
O.  All time limits referenced in this section may be extended by the Chief Medical Officer in the Chief Medical Officer’s sole and exclusive discretion.
P.  Injured workers, employers, insurers and carriers shall cooperate in good faith with all reasonable requests made by a MIR Registry physician.
Q.  Parties are prohibited from seeking a second MIR Registry impairment rating for the same injury if an impairment rating was issued after the first MIR Registry evaluation.
R.  Once the MIR physician’s report has been filed with the Program Coordinator, the Chief Medical Officer shall issue a final determination of disability within ten (10) business days and notify all parties.  The Chief Medical Officer’s determination may be appealed to the full Commission but may only be amended or revised based on the reports filed by the physicians involved in the case, the MIR physician or the Chief Medical Officer.
SECTION 49.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 19 of Title 85, unless there is created a duplication in numbering, reads as follows:
The Chief Medical Officer shall be hired by the Workers' Compensation Commissioner and shall be subject to Senate confirmation.  Every four (4) years, the Commission shall review the performance of the Chief Medical Officer and shall recommend to the State Senate for confirmation of reappointment for another four-year period.  The Chief Medical Officer shall receive the same compensation as a Commissioner.  In addition to determining disability ratings, the Chief Medical Officer shall handle all medical disputes outside of Certified Workplace Medical Plan (hereafter CWMP) programs, oversee the reimbursement fee schedule for all medical providers outside of CWMPs, and determine the appropriateness of requests for continuing medical treatment.  The Chief Medical Officer shall determine the nature and extent of any such “medical maintenance” programs and issue the appropriate order or orders to ensure the need for such program.  All such administrative orders are subject to appeal to the full Commission as set out in this act.  
SECTION 50.     AMENDATORY     85 O.S. 2001, Section 22, as last amended by Section 5, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 22), is amended to read as follows:
Section 22.  The following schedule of compensation is hereby established:
1.  Permanent Total Disability.  In case of total disability adjudged to be permanent, seventy percent (70%) of the employee’s average weekly wages shall be paid to the employee during the continuance of the such total disability until such time as the employee reaches the age of one-hundred-percent Social Security retirement or for a period of fifteen (15) years, whichever is longer.  In the event the claimant dies of causes unrelated to the injury or illness, any person entitled under provisions of this title to revive the action shall receive benefits only until the date the claimant’s benefits would have terminated had the claimant lived.  In the event the Court awards both permanent partial disability and permanent total disability benefits, the permanent total disability award shall not be due until the permanent partial disability award is paid in full.
(a) In the absence of clear and convincing proof to the contrary, the loss of both hands, both legs, both arms, or both eyes shall constitute permanent total disability.
(b) Except in a statutory permanent total disability case, in no case shall a claimant receive both permanent total disability and any other form of disability (permanent partial, temporary partial or temporary total) at the same time or for the same period of disability.
(c) No more often than annually, the carrier, self-insured employer or the Death and Permanent Total Disability Trust Fund may require an injured worker receiving permanent total disability benefits, or the treating physician, or both injured worker and treating physician, to certify on forms provided by the Commission that the injured worker is permanently and totally disabled and not gainfully employed.  Failure of the employee to so certify within thirty (30) days after receipt of the notice shall permit the discontinuation of benefits without penalty.  If the Commissioner finds that the claim of permanent total disability was made in bad faith by the employee, or if the employee made misleading representations regarding disability benefits, the Commissioner shall refer the case to the Workers’ Compensation Fraud Unit for appropriate prosecution.
2.  Temporary Total Disability.  (a) With respect to injuries occurring before November 4, 1994, in cases of temporary total disability, seventy percent (70%) of the employee’s average weekly wages shall be paid to the employee during the continuance thereof, but not in excess of one hundred fifty (150) weeks, except as otherwise provided in the Workers’ Compensation Act.  Provided, after compensation has been paid for a period of one hundred forty (140) weeks, the employee may request a review of the case by a judge of the Workers’ Compensation Court for continued temporary total disability benefits provided by the Workers’ Compensation Act.  Upon a finding that benefits should be extended beyond the initial one-hundred-fifty-week period, compensation may be continued for an additional one hundred fifty (150) weeks.
(b) With respect to injuries occurring on or after November 4, 1994, in cases of temporary total disability, seventy percent (70%) of the employee’s average weekly wages shall be paid to the employee during the continuance thereof, but not in excess of fifty-two (52) weeks, except as otherwise provided in the Workers’ Compensation Act.  Provided, after compensation has been paid for a period of forty-two (42) weeks, the employee may request a review of the case by a judge of the Court for continued temporary total disability benefits provided by the Workers’ Compensation Act.  Upon a finding that benefits should be extended beyond the initial fifty-two-week period, compensation may be continued for additional successive fifty-two-week periods, provided the employee has requested review of the case at forty-two (42) weeks during each period involved, and upon a finding by the Court that benefits should be extended.  Total payments of compensation for temporary total disability may not exceed a maximum of three hundred (300) weeks in the aggregate.
(c) With respect to injuries occurring on or after November 1, 1997, total payments of compensation for temporary total disability may not exceed a maximum of one hundred fifty-six (156) weeks in the aggregate except for good cause shown, as determined by the Court.  Total payments of compensation for temporary total disability, inclusive of consequential injuries, may not exceed a maximum of three hundred (300) weeks in the aggregate.
3.   Permanent Partial Disability.  (a) With respect to injuries occurring prior to November 4, 1994, in case of disability, partial in character but permanent in quality, the compensation shall be seventy percent (70%) of the employee’s average weekly wages, and shall be paid to the employee for the period named in the schedule, as follows:
Thumb: For the loss of thumb, sixty (60) weeks.
First Finger: For the loss of the first finger, commonly called the index finger, thirty-five (35) weeks.
Second Finger: For the loss of a second finger, thirty (30) weeks.
Third Finger: For the loss of a third finger, twenty (20) weeks.
Fourth Finger: For the loss of a fourth finger, commonly called the little finger, fifteen (15) weeks.
Phalange of Thumb or Finger: The loss of the first phalange of the thumb or finger shall be considered equal to the loss of one-half (1/2) of such thumb or finger, and compensation shall be one-half (1/2) of the amount above specified; the loss of more than one phalange shall be considered as the loss of the entire thumb or finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.
Great Toe: For the loss of a great toe, thirty (30) weeks.
Other Toes: For the loss of one of the toes other than the great toe, ten (10) weeks.
Phalange of Toe: The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half (1/2) of the amount specified.  The loss of more than one phalange shall be considered as the loss of the entire toe.
Hand: For the loss of a hand, two hundred (200) weeks.
Arm: For the loss of an arm, two hundred fifty (250) weeks.
Foot: For the loss of a foot, two hundred (200) weeks.
Leg: For the loss of a leg, two hundred fifty (250) weeks.
Eye: For the loss of an eye, two hundred fifty (250) weeks.
Deafness: Deafness from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, three hundred (300) weeks, and total deafness of one ear from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, one hundred (100) weeks.  Except as otherwise provided herein, any examining physician shall only evaluate deafness or hearing impairment in accordance with the latest publication of the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" in effect at the time of the injury.  The Physician Advisory Committee may, pursuant to Section 201.1 of this title, recommend the adoption of a method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment".  Such recommendation shall be made to the Administrator of the Workers’ Compensation Court who may adopt the recommendation in part or in whole.  The adopted method or system shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Such method or system shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the adopted method or system to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves it in part.  If adopted, permanent impairment shall be evaluated only in accordance with the latest version of the alternative method or system in effect at the time of injury.  Except as otherwise provided in Section 11 of this title, all evaluations shall include an apportionment of injury causation.  However, revisions to the guides made by the American Medical Association which are published after January 1, 1989, and before January 1, 1995, shall be operative one hundred twenty (120) days after the last day of the month of publication.  Revisions to the guides made by the American Medical Association which are published after December 31, 1994, may be adopted in whole or in part by the Administrator following recommendation by the Physician Advisory Committee.  Revisions adopted by the Administrator shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such revisions shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Revisions shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the revisions to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves them in part.  The examining physician shall not follow the guides based on race or ethnic origin.  The examining physician shall not deviate from said guides or any alternative thereof except as may be specifically provided for in the guides or modifications to the guides or except as may be specifically provided for in any alternative or modifications thereto adopted by the Administrator of the Workers’ Compensation Court as provided for in Section 201.1 of this title.  The guides or modifications thereto or alternative system or method of evaluating permanent impairment or modifications thereto shall be the exclusive basis for testimony and conclusions with regard to deafness or hearing impairment.
Loss of Use: Permanent loss of use of a thumb, finger, toe, arm, hand, foot, leg or eye shall be considered as the equivalent of the loss of such thumb, finger, toe, hand, arm, foot, leg or eye.
For the permanent partial loss of use of a member, loss of hearing or sight of an eye, seventy percent (70%) of the employee’s average weekly wage during that portion of the number of weeks in the foregoing schedule provided for the loss of such member or sight of an eye which the partial loss of use thereof bears to the total loss of use of such member, loss of hearing or sight of an eye.
Amputations: Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand.  Amputation between the knee and the ankle shall be considered as the loss of a foot.  Amputation at or above the elbow shall be considered as the loss of an arm.  Amputation at or above the knee shall be considered as the loss of a leg.
The compensation for the foregoing specific injuries shall be in lieu of all other compensation except the benefits provided in Section 14 of this title and Section 16 of this title.
In case of an injury resulting in serious and permanent disfigurement, compensation shall be payable in an amount to be determined by the Court, but not in excess of Twenty Thousand Dollars ($20,000.00); provided, that compensation for permanent disfigurement shall not be in addition to the other compensation provided for in this section, but shall be taken into consideration in fixing the compensation otherwise provided.
Hernia: In case of an injury resulting in hernia, temporary total compensation for fourteen (14) weeks, and the cost of an operation shall be payable; provided, in any case where the injured employee has been twice previously operated for hernia in the same area and it is established by opinion of a competent surgeon that further surgery in the same area will not result in full relief of the condition, the Court may then award compensation for disability resulting therefrom under paragraph 1 of this section, or, if not totally and permanently disabled, then under the "Other Cases" subdivision following, and, after a second surgical attempt to repair hernia, the injured may not be required to submit to further surgery in an effort to relieve the disability thereafter existing; provided, further, the use of any artificial reinforcement or device, with or without surgery, shall not be the basis of reducing extent of disability to be awarded.
Other Cases: In all other classes of disabilities, excluding only those heretofore referred to in paragraph 3 of this section, which disabilities result in loss of use of any portion of an employee’s body, and which disabilities are permanent in quality but partial in character, disability shall mean the percentage of permanent impairment.  The compensation ordered paid shall be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks.
(b) With respect to injuries occurring after November 4, 1994, through December 31, 2001, in case of disability, partial in character but permanent in quality, the compensation shall be seventy percent (70%) of the employee’s average weekly wages, and shall be paid to the employee for the period prescribed by the following schedule:
(1) For each percent of the first nine percent (9%) of disability, eighty percent (80%) of the number of weeks of compensation provided by law prior to November 4, 1994;
(2) For each percent of the next eleven percent (11%) of disability, the identical number of weeks of compensation provided by law prior to November 4, 1994;
(3) For each percent of the next thirty percent (30%) of disability, one hundred twenty percent (120%) of the number of weeks of compensation provided by law prior to November 4, 1994; and
(4) For each remaining percent of disability, the identical number of weeks of compensation provided by law prior to November 4, 1994.
(c) With respect to injuries occurring on or after January 1, 2002, through December 31, 2002, in case of disability, partial in character but permanent in quality, the compensation shall be seventy percent (70%) of the employee’s average weekly wages, and shall be paid to the employee for the period prescribed by the following schedule:
Thumb: For the loss of thumb, sixty-three (63) weeks.
First Finger: For the loss of the first finger, commonly called the index finger, thirty-seven (37) weeks.
Second Finger: For the loss of a second finger, thirty-two (32) weeks.
Third Finger: For the loss of a third finger, twenty-one (21) weeks.
Fourth Finger: For the loss of a fourth finger, commonly called the little finger, sixteen (16) weeks.
Phalange of Thumb or Finger: The loss of the first phalange of the thumb or finger shall be considered equal to the loss of one-half (1/2) of such thumb or finger, and compensation shall be one-half (1/2) of the amount above specified; the loss of more than one phalange shall be considered as the loss of the entire thumb or finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.
Great Toe: For the loss of a great toe, thirty-two (32) weeks.
Other Toes: For the loss of one of the toes other than the great toe, eleven (11) weeks.
Phalange of Toe: The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half (1/2) of the amount specified.  The loss of more than one phalange shall be considered as the loss of the entire toe.
Hand: For the loss of a hand, two hundred ten (210) weeks.
Arm: For the loss of an arm, two hundred sixty-three (263) weeks.
Foot: For the loss of a foot, two hundred ten (210) weeks.
Leg: For the loss of a leg, two hundred sixty-three (263) weeks.
Eye: For the loss of an eye, two hundred sixty-three (263) weeks.
Deafness: Deafness from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, three hundred fifteen (315) weeks, and total deafness of one ear from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, one hundred five (105) weeks.  Except as otherwise provided herein, any examining physician shall only evaluate deafness or hearing impairment in accordance with the latest publication of the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" in effect at the time of the injury.  The Physician Advisory Committee may, pursuant to Section 201.1 of this title, recommend the adoption of a method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment".  Such recommendation shall be made to the Administrator of the Workers’ Compensation Court who may adopt the recommendation in part or in whole.  The adopted method or system shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Such method or system shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the adopted method or system to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves it in part.  If adopted, permanent impairment shall be evaluated only in accordance with the latest version of the alternative method or system in effect at the time of injury.  Except as otherwise provided in Section 11 of this title, all evaluations shall include an apportionment of injury causation.  However, revisions to the guides made by the American Medical Association which are published after January 1, 1989, and before January 1, 1995, shall be operative one hundred twenty (120) days after the last day of the month of publication.  Revisions to the guides made by the American Medical Association which are published after December 31, 1994, may be adopted in whole or in part by the Administrator following recommendation by the Physician Advisory Committee.  Revisions adopted by the Administrator shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such revisions shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Revisions shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the revisions to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves them in part.  The examining physician shall not follow the guides based on race or ethnic origin.  The examining physician shall not deviate from such guides or any alternative thereof except as may be specifically provided for in the guides or modifications to the guides or except as may be specifically provided for in any alternative or modifications thereto adopted by the Administrator of the Workers’ Compensation Court as provided in Section 201.1 of this title.  The guides or modifications thereto or alternative system or method of evaluating permanent impairment or modifications thereto shall be the exclusive basis for testimony and conclusions with regard to deafness or hearing impairment.
Loss of Use: Permanent loss of use of a thumb, finger, toe, arm, hand, foot, leg or eye shall be considered as the equivalent of the loss of such thumb, finger, toe, hand, arm, foot, leg or eye.
For the permanent partial loss of use of a member, loss of hearing or sight of an eye, seventy percent (70%) of the employee’s average weekly wage during that portion of the number of weeks in the foregoing schedule provided for the loss of such member or sight of an eye which the partial loss of use thereof bears to the total loss of use of such member, loss of hearing or sight of an eye.
Amputations: Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand.  Amputation between the knee and the ankle shall be considered as the loss of a foot.  Amputation at or above the elbow shall be considered as the loss of an arm.  Amputation at or above the knee shall be considered as the loss of a leg.
The compensation for the foregoing specific injuries shall be in lieu of all other compensation except the benefits provided in Section 14 of this title and Section 16 of this title.
In case of an injury resulting in serious and permanent disfigurement, compensation shall be payable in an amount to be determined by the Court, but not in excess of Twenty Thousand Dollars ($20,000.00); provided, that compensation for permanent disfigurement shall not be in addition to the other compensation provided for in this section but shall be taken into consideration in fixing the compensation otherwise provided.
Hernia: In case of an injury resulting in hernia, temporary total compensation for six (6) weeks, and the cost of an operation shall be payable, unless the employee has not been released from active medical treatment, temporary total compensation not to exceed nine (9) weeks, and the cost of an operation shall be payable; provided, in any case where the injured employee has been twice previously operated on for hernia in the same area and it is established by opinion of a competent surgeon that further surgery in the same area will not result in full relief of the condition, the Court may then award compensation for disability resulting therefrom under paragraph 1 of this section, or, if not totally and permanently disabled, then under the "Other Cases" subdivision following, and, after a second surgical attempt to repair hernia, the injured may not be required to submit to further surgery in an effort to relieve the disability thereafter existing; provided further, the use of any artificial reinforcement or device, with or without surgery, shall not be the basis of reducing extent of disability to be awarded.
Other Cases: In all other classes of disabilities, excluding only those heretofore referred to in this paragraph, which disabilities result in loss of use of any portion of an employee’s body, and which disabilities are partial in character but permanent in quality, disability shall mean the percentage of permanent impairment.  The compensation ordered paid shall be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks.
(d) With respect to injuries occurring on or after January 1, 2003, in case of disability, partial in character but permanent in quality, the compensation shall be seventy percent (70%) of the employee’s average weekly wages, and shall be paid to the employee for the period prescribed by the following schedule:
Thumb: For the loss of thumb, sixty-six (66) weeks.
First Finger: For the loss of the first finger, commonly called the index finger, thirty-nine (39) weeks.
Second Finger: For the loss of a second finger, thirty-three (33) weeks.
Third Finger: For the loss of a third finger, twenty-two (22) weeks.
Fourth Finger: For the loss of a fourth finger, commonly called the little finger, seventeen (17) weeks.
Phalange of Thumb or Finger: The loss of the first phalange of the thumb or finger shall be considered equal to the loss of one-half (1/2) of such thumb or finger, and compensation shall be one-half (1/2) of the amount above specified; the loss of more than one phalange shall be considered as the loss of the entire thumb or finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.
Great Toe: For the loss of a great toe, thirty-three (33) weeks.
Other Toes: For the loss of one of the toes other than the great toe, eleven (11) weeks.
Phalange of Toe: The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half (1/2) of the amount specified.  The loss of more than one phalange shall be considered as the loss of the entire toe.
Hand: For the loss of a hand, two hundred twenty (220) weeks.
Arm: For the loss of an arm, two hundred seventy-five (275) weeks.
Foot: For the loss of a foot, two hundred twenty (220) weeks.
Leg: For the loss of a leg, two hundred seventy-five (275) weeks.
Eye: For the loss of an eye, two hundred seventy-five (275) weeks.
Deafness: Deafness from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, three hundred thirty (330) weeks, and total deafness of one ear from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, one hundred ten (110) weeks.  Except as otherwise provided herein, any examining physician shall only evaluate deafness or hearing impairment in accordance with the latest publication of the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" in effect at the time of the injury.  The Physician Advisory Committee may, pursuant to Section 201.1 of this title, recommend the adoption of a method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment".  Such recommendation shall be made to the Administrator of the Workers’ Compensation Court who may adopt the recommendation in part or in whole.  The adopted method or system shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Such method or system shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the adopted method or system to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves it in part.  If adopted, permanent impairment shall be evaluated only in accordance with the latest version of the alternative method or system in effect at the time of injury.  Except as otherwise provided in Section 11 of this title, all evaluations shall include an apportionment of injury causation.  However, revisions to the guides made by the American Medical Association which are published after January 1, 1989, and before January 1, 1995, shall be operative one hundred twenty (120) days after the last day of the month of publication.  Revisions to the guides made by the American Medical Association which are published after December 31, 1994, may be adopted in whole or in part by the Administrator following recommendation by the Physician Advisory Committee.  Revisions adopted by the Administrator shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such revisions shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Revisions shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the revisions to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves them in part.  The examining physician shall not follow the guides based on race or ethnic origin.  The examining physician shall not deviate from such guides or any alternative thereof except as may be specifically provided for in the guides or modifications to the guides or except as may be specifically provided for in any alternative or modifications thereto adopted by the Administrator of the Workers’ Compensation Court as provided in Section 201.1 of this title.  The guides or modifications thereto or alternative system or method of evaluating permanent impairment or modifications thereto shall be the exclusive basis for testimony and conclusions with regard to deafness or hearing impairment.
Loss of Use: Permanent loss of use of a thumb, finger, toe, arm, hand, foot, leg or eye shall be considered as the equivalent of the loss of such thumb, finger, toe, hand, arm, foot, leg or eye.
For the permanent partial loss of use of a member, loss of hearing or sight of an eye, seventy percent (70%) of the employee’s average weekly wage during that portion of the number of weeks in the foregoing schedule provided for the loss of such member or sight of an eye which the partial loss of use thereof bears to the total loss of use of such member, loss of hearing or sight of an eye.
Amputations: Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand.  Amputation between the knee and the ankle shall be considered as the loss of a foot.  Amputation at or above the elbow shall be considered as the loss of an arm.  Amputation at or above the knee shall be considered as the loss of a leg.
The compensation for the foregoing specific injuries shall be in lieu of all other compensation except the benefits provided in Section 14 of this title and Section 16 of this title.
In case of an injury resulting in serious and permanent disfigurement, compensation shall be payable in an amount to be determined by the Court, but not in excess of Twenty Thousand Dollars ($20,000.00) for an injury occurring before November 1, 2005, and not in excess of Fifty Thousand Dollars ($50,000.00) for an injury occurring on or after November 1, 2005; provided, that compensation for permanent disfigurement shall not be in addition to the other compensation provided for in this section but shall be taken into consideration in fixing the compensation otherwise provided.
Hernia: In case of an injury resulting in hernia, temporary total compensation for six (6) weeks, and all necessary medical costs including, but not limited to, the cost of an operation shall be payable.  A claimant who has had surgery for a hernia may petition the court for one extension of temporary total compensation and the court may order such an extension, not to exceed six (6) additional weeks, if the treating physician indicates such an extension is appropriate, or as agreed to by all parties.
Soft Tissue Injury: In case of a nonsurgical soft tissue injury, temporary total compensation shall not exceed eight (8) weeks.  A claimant who has been recommended by a treating physician for surgery for a soft tissue injury may petition the Court for one extension of temporary total compensation and the court may order such an extension, not to exceed sixteen (16) additional weeks, if the treating physician indicates that such an extension is appropriate or as agreed to by all parties.  In the event the surgery is not performed, the benefits for the extension period shall be terminated.  For purposes of this section, "soft tissue injury" means damage to one or more of the tissues that surround bones and joints.  "Soft tissue injury" includes, but is not limited to: sprains, strains, contusions, tendonitis, and muscle tears.  Cumulative trauma is to be considered a soft tissue injury.  "Soft tissue injury" does not include any of the following:
(1) Injury to or disease of the spine, spinal disks, spinal nerves or spinal cord, where corrective surgery is performed;
(2) Brain or closed-head injury as evidenced by:
a.	sensory or motor disturbances,
b.	communication disturbances,
c.	complex integrated disturbances of cerebral function,
d.	episodic neurological disorders, or
e.	other brain and closed-head injury conditions at least as severe in nature as any condition provided in subdivisions a through d of this division; or
(3) Total knee replacement.
In all cases of soft tissue injury, the employee shall only be entitled to appropriate and necessary medical care and temporary total disability as set out in paragraph 2 of this section, unless there is objective medical evidence of a permanent anatomical abnormality.  In determining the existence of such an abnormality, the Court may consider if there is credible medical evidence that the ability of the employee to earn wages at the same level as before the injury has been permanently impaired.
Other Cases: In all other classes of disabilities, excluding only those heretofore referred to in this paragraph, which disabilities result in loss of use of any portion of an employee’s body, and which disabilities are partial in character but permanent in quality, disability shall mean the percentage of permanent impairment.  The compensation ordered paid shall be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks.  No permanent disability shall be awarded unless there is objective medical evidence, as defined in Section 3 of this title, of a permanent anatomical abnormality.  In determining the existence of such an abnormality, the Court may consider if there is credible medical evidence that the ability of the employee to earn wages at the same level as before the injury has been permanently impaired.
(e) With respect to injuries occurring on or after the effective date of this act November 1, 2011, in case of disability, partial in character but permanent in quality, the compensation shall be seventy percent (70%) sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wages, with a minimum of One Hundred Fifty Dollars ($150.00) per week, but not to exceed Three Hundred Twenty-three Dollars ($323.00) Three Hundred Forty-two Dollars ($342.00) per week, and shall be paid to the employee for the period prescribed by the following schedule; provided, however, after a period of five (5) years from the effective date of this act, the payment for permanent partial disability shall be seventy percent (70%) of the employee’s average weekly wages, but not to exceed fifty percent (50%) of the state’s average weekly wage:
Thumb: For the loss of thumb, sixty-six (66) weeks.
First Finger: For the loss of the first finger, commonly called the index finger, thirty-nine (39) weeks.
Second Finger: For the loss of a second finger, thirty-three (33) weeks.
Third Finger: For the loss of a third finger, twenty-two (22) weeks.
Fourth Finger: For the loss of a fourth finger, commonly called the little finger, seventeen (17) weeks.
Phalange of Thumb or Finger: The loss of the first phalange of the thumb or finger shall be considered equal to the loss of one-half (1/2) of such thumb or finger, and compensation shall be one-half (1/2) of the amount above specified; the loss of more than one phalange shall be considered as the loss of the entire thumb or finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.
Great Toe: For the loss of a great toe, thirty-three (33) weeks.
Other Toes: For the loss of one of the toes other than the great toe, eleven (11) weeks.
Phalange of Toe: The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half (1/2) of such toe, and compensation shall be one-half (1/2) of the amount specified.  The loss of more than one phalange shall be considered as the loss of the entire toe.
Hand: For the loss of a hand, two hundred twenty (220) weeks.
Arm: For the loss of an arm, two hundred seventy-five (275) weeks.
Foot: For the loss of a foot, two hundred twenty (220) weeks.
Leg: For the loss of a leg, two hundred seventy-five (275) weeks.
Eye: For the loss of an eye, two hundred seventy-five (275) weeks.
Deafness: Deafness from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, three hundred thirty (330) weeks, and total deafness of one ear from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, one hundred ten (110) weeks.  Except as otherwise provided herein, any examining physician shall only evaluate deafness or hearing impairment in accordance with the latest publication of the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" in effect at the time of the injury.  The Physician Advisory Committee may, pursuant to Section 201.1 of this title, recommend the adoption of a method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment".  Such recommendation shall be made to the Administrator of the Workers’ Compensation Court who may adopt the recommendation in part or in whole.  The adopted method or system shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Such method or system shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the adopted method or system to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves it in part.  If adopted, permanent impairment shall be evaluated only in accordance with the latest version of the alternative method or system in effect at the time of injury.  Except as otherwise provided in Section 11 of this title, all evaluations shall include an apportionment of injury causation.  However, revisions to the guides made by the American Medical Association which are published after January 1, 1989, and before January 1, 1995, shall be operative one hundred twenty (120) days after the last day of the month of publication.  Revisions to the guides made by the American Medical Association which are published after December 31, 1994, may be adopted in whole or in part by the Administrator following recommendation by the Physician Advisory Committee.  Revisions adopted by the Administrator shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature.  Such revisions shall be subject to disapproval in whole or in part by joint or concurrent resolution of the Legislature during the legislative session in which submitted.  Revisions shall be operative one hundred twenty (120) days after the last day of the month in which the Administrator submits the revisions to the Legislature if the Legislature takes no action or one hundred twenty (120) days after the last day of the month in which the Legislature disapproves them in part.  The examining physician shall not follow the guides based on race or ethnic origin.  The examining physician shall not deviate from such guides or any alternative thereof except as may be specifically provided for in the guides or modifications to the guides or except as may be specifically provided for in any alternative or modifications thereto adopted by the Administrator of the Workers’ Compensation Court as provided in Section 201.1 of this title.  The guides or modifications thereto or alternative system or method of evaluating permanent impairment or modifications thereto shall be the exclusive basis for testimony and conclusions with regard to deafness or hearing impairment.
Loss of Use: Permanent loss of use of a thumb, finger, toe, arm, hand, foot, leg or eye shall be considered as the equivalent of the loss of such thumb, finger, toe, hand, arm, foot, leg or eye.
For the permanent partial loss of use of a member, loss of hearing or sight of an eye, seventy percent (70%) sixty-six and two-thirds percent (66 2/3%) of the employee’s average weekly wage during that portion of the number of weeks in the foregoing schedule provided for the loss of such member or sight of an eye which the partial loss of use thereof bears to the total loss of use of such member, loss of hearing or sight of an eye.
Amputations: Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand.  Amputation between the knee and the ankle shall be considered as the loss of a foot.  Amputation at or above the elbow shall be considered as the loss of an arm.  Amputation at or above the knee shall be considered as the loss of a leg.
The compensation for the foregoing specific injuries shall be in lieu of all other compensation except the benefits provided in Section 14 of this title and Section 16 of this title.
Permanent disfigurement:  In case of an injury resulting in serious and permanent disfigurement to that portion of the body not normally covered by clothing and open to public view, compensation shall be payable in an amount to be determined by the Court, but not in excess of Twenty Thousand Dollars ($20,000.00) for an injury occurring before November 1, 2005, and not in excess of Fifty Thousand Dollars ($50,000.00) for an injury occurring on or after November 1, 2005; provided, that compensation for permanent disfigurement shall not be in addition to the other compensation provided for in this section but shall be taken into consideration in fixing the compensation otherwise provided.  An award for permanent disfigurement shall not be made for a part of the body for which permanent partial disability is awarded.  
Hernia: In case of an injury resulting in hernia, temporary total compensation for six (6) weeks, and all necessary medical costs including, but not limited to, the cost of an operation shall be payable.  A claimant who has had surgery for a hernia may petition the Court for one extension of temporary total compensation and the Court may order such an extension, not to exceed six (6) additional weeks, if the treating physician indicates such an extension is appropriate, or as agreed to by all parties.
Soft Tissue Injury: In case of a nonsurgical soft tissue injury, in which the employer has promptly provided medical care, temporary total compensation shall not exceed eight (8) weeks.  A claimant who has been recommended by a treating physician for one or more injections surgery for a soft tissue injury, or who has had surgery for a soft tissue injury as a result of a recommendation by a treating physician, may petition the Court for one extension of temporary total compensation and the Court may order such an extension, not to exceed eight (8) additional weeks.  A claimant who has been recommended by a treating physician for surgery for a soft tissue injury may petition the Court for one extension of temporary total compensation and the Court may order such an extension, not to exceed sixteen (16) additional weeks, if the treating physician indicates that such an extension is appropriate or as agreed to by all parties.  In the event the surgery is not recommended, or is recommended but not performed within one hundred twenty (120) ninety (90) days of the approval of the surgery by the employer or employer’s insurance carrier or an order of the Court authorizing such surgery, after the recommendation, the benefits for the extension period shall be terminated by the Court, unless the Court finds the delay was beyond the control of the claimant.  In the event surgery is performed, the period of temporary total disability is subject to the limitations established by paragraph 2 of this section. 
For purposes of this section, "soft tissue injury" means damage to one or more of the tissues that surround bones and joints.  Soft tissue injury includes, but is not limited to: sprains, strains, contusions, tendonitis, and muscle tears.  Cumulative trauma is to be considered a soft tissue injury.  Soft tissue injury does not include any of the following:
(1) Injury to or disease of the spine, spinal disks, spinal nerves or spinal cord, where corrective surgery is performed;
(2) Brain or closed-head injury as evidenced by:
a.	sensory or motor disturbances,
b.	communication disturbances,
c.	complex integrated disturbances of cerebral function,
d.	episodic neurological disorders, or
e.	other brain and closed-head injury conditions at least as severe in nature as any condition provided in subdivisions a through d of this division; or
(3) Any joint replacement.
In all cases of soft tissue injury, the employee shall only be entitled to appropriate and necessary medical care and temporary total disability as set out in paragraph 2 of this section, unless there is objective medical evidence of a permanent anatomical abnormality.  In determining the existence of such an abnormality, the Court may consider if there is credible medical evidence that the ability of the employee to earn wages at the same level as before the injury has been permanently impaired.
Other Cases: In all other classes of disabilities, excluding only those heretofore referred to in this paragraph, which disabilities result in loss of use of any portion of an employee’s body, and which disabilities are partial in character but permanent in quality, disability shall mean the percentage of permanent impairment.  The compensation ordered paid shall be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks.  No permanent disability shall be awarded unless there is objective medical evidence, as defined in Section 3 of this title, of a permanent anatomical abnormality.  In determining the existence of such an abnormality, the Court may consider if there is credible medical evidence that the ability of the employee to earn wages at the same level as before the injury has been permanently impaired.
Odd-lot doctrine:  The Commission and courts shall not consider the odd-lot doctrine for permanent disability claims.
4.  Temporary Partial Disability.  (a) With respect to injuries occurring before November 4, 1994, in case of temporary partial disability, except the particular cases mentioned in paragraph 3 of this section, an injured employee shall receive seventy percent (70%) of the difference between the employee’s average weekly wages and the employee’s wage-earning capacity thereafter in the same employment or otherwise, if less than before the injury, during continuance of such partial disability, but not to exceed one hundred fifty (150) weeks.  Provided, after compensation has been paid for a period of one hundred forty (140) weeks, the employee may request a review of the case by a judge of the Court for continued temporary partial disability benefits provided by the Workers’ Compensation Act.  Upon a finding that benefits should be extended beyond the initial one-hundred-fifty-week period, compensation may be continued for an additional one hundred fifty (150) weeks.
(b) With respect to injuries occurring on or after November 4, 1994, in case of temporary partial disability, except the particular cases mentioned in paragraph 3 of this section, an injured employee shall receive seventy percent (70%) of the difference between the employee’s average weekly wages and the employee’s wage-earning capacity thereafter in the same employment or otherwise, if less than before the injury, during continuance of such partial disability, but not to exceed fifty-two (52) weeks.  Provided, after compensation has been paid for a period of forty-two (42) weeks, the employee may request a review of the case by a judge of the Court for continued temporary partial disability benefits provided by the Workers’ Compensation Act.  Upon a finding that benefits should be extended beyond the initial fifty-two-week period, compensation may be continued for additional successive fifty-two-week periods provided the employee has requested review of the case at forty-two (42) weeks during each period involved, and upon a finding by the Court that benefits should be extended.  Total payments of compensation for temporary partial disability may not exceed a maximum of three hundred (300) weeks in the aggregate.
(c) With respect to injuries occurring on or after November 1, 1997, total payments of compensation for temporary partial disability may not exceed a maximum of one hundred fifty-six (156) weeks in the aggregate except for good cause shown, as determined by the Court.  Total payments of compensation for temporary partial disability, inclusive of consequential injuries, may not exceed a maximum of three hundred (300) weeks in the aggregate.
(d) With respect to injuries occurring before November 1, 2011, in case of temporary partial disability, except the particular cases mentioned in paragraph 3 of this section, an injured employee shall receive sixty-six and two-thirds percent (66 2/3%) of the difference between the employee’s average weekly wages and the employee’s wage-earning capacity thereafter in the same employment or otherwise, if less than before the injury, during continuance of such partial disability, but not to exceed one hundred four (104) weeks.
5.  Notwithstanding any other section of the Workers’ Compensation Act, temporary disability shall be payable without an award by the Court.  The first payment of temporary disability compensation shall become due on the tenth day after the employer has received notice of injury as specified in Section 24.2 of this title.  All compensation owed on that date shall be paid and thereafter payments shall be made weekly except when otherwise ordered by the Court.
If any compensation payments owed without an award are not paid within ten (10) days after becoming due, there shall be added to such owed payments an amount equal to ten percent (10%) of the amount due which shall be paid at the same time in addition to the owed payments unless such nonpayment is excused by the Court after a showing by the employer that conditions exist over which the employer had no control in that either payments were not made within the prescribed time or the employer denies coverage within the time specified for the employer to respond.
6.  Limitation.  The compensation payments under the provisions of the Workers’ Compensation Act shall not exceed the sum of seventy-five percent (75%) of the state’s average weekly wage as determined by the Oklahoma Employment Security Commission, the sum of ninety percent (90%) of the state’s average weekly wage beginning January 1, 1995, for injuries occurring after December 31, 1994, and the sum of one hundred percent (100%) of the state’s average weekly wage beginning January 1, 1996, for injuries occurring after December 31, 1995, for temporary disability; Sixty Dollars ($60.00) per week beginning as of the effective date of the Workers’ Compensation Act, and Seventy Dollars ($70.00) per week beginning January 1, 1979, and Eighty Dollars ($80.00) per week beginning January 1, 1980, and Ninety Dollars ($90.00) per week beginning January 1, 1981, and to fifty percent (50%) of the state’s average weekly wage beginning January 1, 1982, for permanent partial disability; Seventy-five Dollars ($75.00) per week beginning as of the effective date of the Workers’ Compensation Act, and Ninety Dollars ($90.00) per week beginning January 1, 1979, and One Hundred Ten Dollars ($110.00) per week beginning January 1, 1980, to sixty-six and two-thirds percent (66 2/3%) of the state’s average weekly wage beginning January 1, 1981, to seventy-five percent (75%) of the state’s average weekly wage beginning September 1, 1992, to ninety percent (90%) of the state’s average weekly wage beginning January 1, 1995, for injuries occurring after December 31, 1994, and to one hundred percent (100%) of the state’s average weekly wage beginning January 1, 1996, for injuries occurring after December 31, 1995, for permanent total disability, or at any time be less than Thirty Dollars ($30.00) per week; provided, however, that if the employee’s wages at the time of the injury are less than Thirty Dollars ($30.00) per week, the employee shall receive the employee’s full weekly wages; provided further, that the compensation received, as provided for temporary partial disability, shall not, when added to the wages received by such employee after such injury, amount to a greater sum than eighty percent (80%) of the average weekly wages of the employee received prior to said injury.  Provided, further, that for injuries occurring after November 1, 2011, the compensation for permanent partial disability shall not exceed Three Hundred Forty-two Dollars ($342.00) per week.
The average weekly wage in this state shall be determined by the Oklahoma Employment Security Commission every year beginning July 1, 1984, and shall be used to establish maximum benefits under the Workers’ Compensation Act for injuries occurring during a one-year period, which period shall begin on the first day of November after publication by the Oklahoma Employment Security Commission.  For the purpose of computing benefits payable under the Workers’ Compensation Act, the state’s average weekly wage shall be rounded to the nearest dollar amount.
The benefit level for members of the National Guard and any authorized voluntary or uncompensated worker rendering services as a fire fighter, peace officer or civil defense worker shall be determined by using the earnings of the individual in the individual’s regular occupation.
7.  Previous Disability.  The fact that an employee has suffered previous disability or impairment or received compensation therefore shall not preclude the employee from compensation for a later accidental personal injury or occupational disease; but in determining compensation for the later accidental personal injury or occupational disease the employee’s average weekly wages shall be such sum as will reasonably represent the employee’s earning capacity at the time of the later accidental personal injury or occupational disease.  In the event there exists a previous impairment, including a previous non-work-related injury or condition which produced permanent disability and the same is aggravated or accelerated by an accidental personal injury or occupational disease, compensation for permanent disability shall be only for such amount as was caused by such accidental personal injury or occupational disease and no additional compensation shall be allowed for the pre-existing disability or impairment.  The sum of all permanent partial disability awards, excluding awards against the Multiple Injury Trust Fund and awards for amputations, and surgeries, shall not exceed one hundred percent (100%) permanent partial disability for any individual.  An individual may not receive more than five hundred twenty (520) weeks’ compensation for permanent partial disability, but may receive other benefits under the Workers’ Compensation Act if otherwise eligible as provided in the Workers’ Compensation Act.
8.  Income benefits for death.  If the injury or occupational disease causes death, income benefits shall be payable in the amount and for the benefit of the persons following, subject to the maximum limits specified hereafter:
(a) Benefit amounts for particular classes of dependents.
(1) If there is a surviving spouse, to such surviving spouse seventy percent (70%) of the average weekly wages the deceased was earning.  In no event shall this spousal income benefit be diminished.
(2) If there is a child or children, to such child or children fifteen percent (15%) of the average weekly wages the deceased was earning for each child.  Where there are more than two such children, the income benefits payable for the benefit of all children shall be divided among all children, to share and share alike, subject to the provisions of subparagraphs (c) and (d) of this paragraph.
(3) In addition to the benefits theretofore paid or due, two (2) years’ indemnity benefit in one lump sum shall be payable to a surviving spouse upon remarriage.
(4) To the children, if there is no surviving spouse, fifty percent (50%) of the average weekly wages the deceased was earning for one child, and twenty percent (20%) of such wage for each additional child, divided among all children, to share and share alike, subject to the provisions of subparagraphs (c) and (d) of this paragraph.
(5) The income benefits payable for the benefit of any child under this section shall cease:
a.	when the child dies, marries, or reaches the age of eighteen (18),
b.	when the child over eighteen (18) years of age ceases to be physically or mentally incapable of self-support,
c.	when the actually dependent child ceases to be actually dependent, or
d.	when the child has been enrolled as a full-time student in any accredited educational institution or has been receiving education by other means, including education at home pursuant to Section 4 of Article XIII of the Oklahoma Constitution, and the child ceases to be so enrolled or educated or reaches twenty-three (23) years of age.  A child who originally qualified as a dependent by virtue of being less than eighteen (18) years of age may, upon reaching eighteen (18) years of age, continue to qualify if the child satisfies the tests of being physically or mentally incapable of self-support, actually dependent, or enrolled in an accredited educational institution or being educated by other means, including education at home pursuant to Section 4 of Article XIII of the Oklahoma Constitution.
(6) To each parent, if actually dependent, twenty-five percent (25%) of the average weekly wages the deceased was earning subject to the provisions of subparagraphs (c) and (d) of this paragraph.
(7) To the brothers, sisters, grandparents and grandchildren, if actually dependent, twenty-five percent (25%) of the average weekly wages the deceased was earning to each such dependent.  If there should be more than one of such dependents, the total income benefits payable for the benefit of such dependents shall be divided to share and share alike subject to the provisions of subparagraphs (c) and (d) of this paragraph.
(8) The income benefits of each beneficiary under divisions (6) and (7) above shall be paid until the beneficiary, if a parent or grandparent, dies, marries or ceases to be actually dependent, or, if a brother, sister or grandchild, dies, marries or reaches the age of eighteen (18), is over the age of eighteen (18) and ceases to be physically or mentally incapable of self-support or ceases to be actually dependent.
(9) A person ceases to be actually dependent when the person’s income from all sources exclusive of workers’ compensation income benefits is such that, if it had existed at the time the original determination of actual dependency was made, it would not have supported a finding of dependency.  If the present annual income of an actually dependent person including workers’ compensation income benefits at any time exceeds the total annual support received by the person from the deceased employee, the workers’ compensation benefits shall be reduced so that the total annual income is no greater than such amount of annual support received from the deceased employee.  In all cases, a person found to be actually dependent shall be presumed to be no longer actually dependent three (3) years after the time as of which the person was found to be actually dependent.  This presumption may be overcome by proof of continued actual dependency as defined in this paragraph and paragraph (1) of Section 3.1 of this title.
(b) Change in dependents.  Upon the cessation of income benefits under this section to or for the benefit of any person, the income benefits payable to the remaining persons who continue to be entitled to income benefits for the unexpired part of the period during which their income benefits are payable shall be that which such persons would have received if they had been the only persons entitled to income benefits at the time of the decedent’s death.
(c) Maximum income benefits for death.  For the purposes of this section, the average weekly wage of the employee shall be taken as not more than the average weekly wage of the state.  If the average weekly wages of the employee are equal to or greater than the average weekly wage of the state, then the aggregate weekly income benefits payable to all beneficiaries under this section shall not exceed the average weekly wage of the state.  If the average weekly wages of the employee are less than the average weekly wage of the state, the aggregate weekly income benefits payable to all beneficiaries under this section shall not exceed one hundred percent (100%) of the average weekly wages of the employee.
(d) Maximum total payment.  The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed one hundred percent (100%) of the average weekly wages the deceased was earning, subject to the maximum limits in subparagraph (c) of this paragraph.  The maximum aggregate limitation shall not apply in case of payment of two (2) years’ income benefits to the surviving spouse upon remarriage, as provided under division (3) of subparagraph (a) of this paragraph, to prevent the immediate recalculation and payments of benefits to the remaining beneficiaries as provided under subparagraph (b) of this paragraph.  The weekly income benefits as recalculated to the remaining beneficiaries shall not exceed the weekly benefit that was or would have been payable for total permanent disability to the deceased.  The classes of beneficiaries specified in divisions (1), (2) and (4) of subparagraph (a) of this paragraph shall have priority over all other beneficiaries in the apportionment of income benefits.  If the provisions of this subparagraph should prevent payments to other beneficiaries of the income benefits to the full extent otherwise provided for by this section, the gross remaining amount of income benefits payable to such other beneficiaries shall be apportioned by class, proportionate to the interest of each class in the remaining amount.  Parents shall be considered to be in one class and those specified in division (7) of subparagraph (a) of this paragraph in a separate class.
9.  Where some pecuniary loss may be shown by heirs-at-law of the deceased, as defined by the descent and distribution statutes of Oklahoma, who are otherwise not entitled to receive benefits under other provisions of this section, such heirs-at-law shall receive compensation for their pecuniary loss not to exceed an aggregate of Five Thousand Dollars ($5,000.00).
10.  For deaths occurring before November 1, 2005, in the event that no benefits under other provisions of this section are paid to the dependents or the heirs-at-law of the deceased, an amount not to exceed Five Thousand Dollars ($5,000.00) shall be paid for funeral expenses.  For deaths occurring on or after November 1, 2005, in the event that no benefits under other provisions of this section are paid to the dependents or the heirs-at-law of the deceased, an amount not to exceed Eight Thousand Dollars ($8,000.00) shall be paid for funeral expenses.
11.  (a) For deaths occurring before January 1, 1995, if there is a surviving spouse and surviving children entitled to receive death benefits herein, such survivors shall be entitled to an immediate lump-sum payment of Ten Thousand Dollars ($10,000.00) to the spouse and Two Thousand Five Hundred Dollars ($2,500.00) to each surviving child not to exceed two children.  For deaths occurring after December 31, 1994, if there is a surviving spouse and surviving children entitled to receive death benefits herein, such survivors shall be entitled to an immediate lump-sum payment of Twenty Thousand Dollars ($20,000.00) to the spouse and Five Thousand Dollars ($5,000.00) to each surviving child not to exceed two children.  For deaths occurring on or after November 1, 2005, if there is a surviving spouse and surviving children entitled to receive death benefits herein, such survivors shall be entitled to an immediate lump-sum payment of One Hundred Thousand Dollars ($100,000.00) to the spouse and Twenty-five Thousand Dollars ($25,000.00) to each surviving child not to exceed two children.  In addition, the survivors shall be entitled to receive funeral benefits in an amount not to exceed Ten Thousand Dollars ($10,000.00).
(b) For deaths occurring before November 1, 2005, if there is no surviving spouse but there are surviving children entitled to receive death benefits herein, such surviving children shall be entitled to a lump-sum payment of Ten Thousand Dollars ($10,000.00) to be divided among all the children to share and share alike.  For deaths occurring on or after November 1, 2005, if there is no surviving spouse but there are surviving children entitled to receive death benefits herein, each surviving child shall be entitled to a lump-sum payment of Twenty-five Thousand Dollars ($25,000.00), provided the total amount of lump-sum payments shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00), to be divided among all the children to share and share alike.  The survivors shall also be entitled to receive funeral benefits in an amount not to exceed Ten Thousand Dollars ($10,000.00).
(c) Any claim under this paragraph shall be substantiated by the filing of a properly executed and authenticated proof of loss, which form shall be prescribed by the Administrator, and payment of such sum shall be made within fifteen (15) days after adjudication of entitlement by the Court Commission.  Such sum shall not be subject to any award of attorney fees in uncontested cases, except the Court Commission shall appoint a guardian ad litem to represent known and unknown minor children and said guardian ad litem shall be paid a reasonable fee for the services.
Provided, that all judgments rendered awarding lump-sum death benefits, except lump-sum attorney fee awards, may, at the discretion of the Court Commission, provide that said benefits be paid in trust to an interest-bearing account in a federally insured banking institution in the county wherein the judgment was rendered.  The banking institution may make appropriate charges to the beneficiary for costs of trust management.  These charges shall be fixed by agreement of such institution and the judge rendering the judgment.  The judgment awarding lump-sum death benefits shall contain instructions for regularly scheduled disbursements to be fixed by the Court Commission which may be modified by the Court Commission upon a proper showing of change of circumstance.  The banking institution shall issue a numbered receipt to the person paying the benefits into trust and deliver a copy of the receipt to the Administrator.  Each banking institution receiving trust funds for deposit shall receive a schedule of disbursements and shall monthly pay said disbursements to the beneficiary as ordered by the Court Commission.  An annual accounting of all such trust funds received and deposited shall be rendered by each banking institution to the Court Commission granting the judgment.
12.  No payments on any permanent impairment order shall start until payments on any pre-existing permanent impairment orders have been completed.
13.  (a) Any employee convicted of a misdemeanor or felony and sentenced to a term of incarceration of at least ninety (90) days in this state or in any other jurisdiction shall have all benefits for temporary total disability awarded by the Workers’ Compensation Court Commission forfeited by order of the Court Commission on motion of the employer or the employer’s insurer after confirmation of the employee’s incarceration.  The Court Commission also may order the forfeiture of such benefits on its own motion upon receipt of notice from the Director of the Department of Corrections that the person awarded the benefits is incarcerated as an inmate in a facility operated by or under contract with the Department.  The provisions of this subparagraph shall not apply to any benefits awarded to an inmate for compensable injuries sustained by the inmate while in the employ of a private for-profit employer or while employed in private prison industries, involving a for-profit employer, which deal in interstate commerce or which sell products or services to the federal government.
(b) Any employee convicted of a misdemeanor or felony and sentenced to a term of incarceration of at least ninety (90) days in this state shall have all benefits for permanent total disability or temporary partial disability awarded by the Workers’ Compensation Court Commission and paid during the period of incarceration deposited to the credit of an account established pursuant to Section 549 of Title 57 of the Oklahoma Statutes for distribution in full to the Department of Corrections for costs of incarceration.  The State Board of Corrections shall have the power to collect workers’ compensation benefits on behalf of the prisoner as provided in this subparagraph and to distribute the benefits as provided by law.
SECTION 51.     AMENDATORY     85 O.S. 2001, Section 24.1, as amended by Section 21, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 24.1), is amended to read as follows:
Section 24.1  A.  Every employer shall keep a record of injuries, which result in the loss of time beyond the shift or which require medical attention away from the work site, fatal or otherwise, received by his employees in the course of their employment.
B.  Within ten (10) days or a reasonable time thereafter, after the occurrence of such injury a report thereof shall be made in writing by the employer to the Court Commission and to the employer’s workers’ compensation insurance carrier, if any, upon blanks to be procured from the Court Commission for that purpose.  Such reports shall state the name and nature of the business of the employer, the location of the employer’s establishment or place of work, the name, address and occupation of the injured employee, the time, nature, and cause of the injury and such other information as may be required by the Administrator.  The report, known as the Employer’s First Notice of Injury, shall be kept confidential and shall not be open to public inspection; provided, such reports shall be made available immediately upon request by the injured employee named in the report, the injured employee’s legal representative, the employer, the employer’s legal representative or any prosecutorial authority.
C.  Any employer who refuses or neglects to make a report as required by this section shall be liable for an administrative violation and subject to a fine by the Administrator of not more than One Thousand Dollars ($1,000.00).
SECTION 52.     AMENDATORY     85 O.S. 2001, Section 25, is amended to read as follows:
Section 25.  An employee claiming or entitled to compensation under the Workers' Compensation Act, shall, if ordered by the Court Workers' Compensation Commission or Chief Medical Officer, submit himself for to a medical examination.  The employee shall be entitled to have a physician or physicians of his the employee's own selection to be paid by him the employee present to participate in such examination.  If an employee refuses to submit himself to examination, his the right to prosecute any proceeding under the Workers' Compensation Act shall be suspended, and no compensation shall be payable for the period of such refusal. Provided, however, that in any case where such injured employee is either rendered professional services or examined by a physician retained by his the employer, or by his the employer's insurance carrier, or both, and a report pertaining thereto is furnished by such physician to either such employer, or insurance carrier, or to an attorney representing either or both of them, a true copy of such reports shall be furnished by such recipient to either the injured employee or to his the attorney of record of the employee.
SECTION 53.     AMENDATORY     85 O.S. 2001, Section 26, as amended by Section 22, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 26), is amended to read as follows:
Section 26.  A.  The Administrator Workers' Compensation Commissioner shall provide printed notice forms to be used by the injured employee.  Notice of injury filed by the employee with the Administrator Commissioner shall be verified subject to the laws of perjury of this state and shall be styled:  In re:  Claim of the ______ (the name of the employee) and shall include in addition to any other requirements the following information:
1.  The name and social security number of the employee;
2.  The name of the employer;
3.  The judicial district of the county of residence of the employee at the time of the injury;
4.  The address of the principal place of business of the employer;
5.  The judicial district of the county where the injury occurred; and
6.  The judicial district of the county where the injured employee wants the claim docketed.
B.  Any time after the expiration of the first three (3) days of disability on the part of the injured employee, a claim for compensation may be presented to the Administrator Commissioner.  If the employer and the injured employee shall reach a final agreement as to the facts with relation to an injury, and the resulting disability for which compensation is claimed under the Workers’ Compensation Act, a memorandum of such agreement, in form as prescribed by the Administrator Commissioner, signed by both the employer and employee shall be filed by the employer with the Administrator Commissioner.  In cases in which the claimant is not represented by legal counsel, the claimant and the employer may reach a compromise settlement of all issues.  The settlement must be approved by the Administrator Commissioner or a judge of the Court after the filing of an Employer’s First Notice of Injury and may be paid in a lump sum.  There shall be no requirement for the filing of an Employee’s First Notice of Accidental Injury and Claim for Compensation to effect such settlement.  The Court Commissioner shall promulgate rules to allow the creation of a file, the making of a record before a reporter of the Workers’ Compensation Commission or Court of Continuing Claims, and the approval of the settlement.  This procedure shall be known as a “compromise settlement”.  Compensation received by a claimant in a compromise settlement as defined by this subsection or in a settlement based upon a dismissal of a claim with prejudice shall not be considered to be an award of permanent partial disability.  In the absence of fraud this agreement shall be deemed binding upon the parties thereto.  The Commissioner or Court of Continuing Claims, depending on the date of the injury, shall have full power and authority to determine all questions in relation to payment of claims for compensation under the provisions of the Workers’ Compensation Act.  The Commissioner or Court shall make, or cause to be made, such investigation as it deems necessary, and upon application of either party shall order a hearing, and as soon as practicable, after a claim for compensation is submitted under this section, or such hearing closed, shall make or deny an award determining such claim for compensation, and file the same in the office of the Administrator Commissioner, together with the statement of its conclusion of fact and rulings of law.  Upon a hearing pursuant to this section either party may present evidence and be represented by counsel.  The decision of the Commissioner or Court shall be final as to all questions of fact, and except as provided in Section 3.6 of this title, as to all questions of law.
C.  A good-faith effort shall be made on the part of any insurance carrier, CompSource Oklahoma, or group self-insured plan to notify an insured employer of the possibility of, and/or terms of, any settlement of a workers’ compensation case pursuant to this section.  Written comments or objections to settlements shall be filed with the Workers’ Compensation Court Commission and periodically shared with the management of the applicable insurer.  A written notice shall be made to all policyholders of their right to a good-faith effort by their insurer to notify them of any proposed settlement, if the policyholder so chooses.
SECTION 54.     AMENDATORY     85 O.S. 2001, Section 27.1, is amended to read as follows:
Section 27.1  Neither the claimant nor the respondent in benefit review conferences and hearings before the Court Commission or Chief Medical Officer shall be permitted to introduce the testimony of more than two physicians where the evidence of any additional physician would be cumulative testimony; provided, however, that the Court Commission or Chief Medical Officer, on its own motion, may order that any claimant appearing before it be examined by other physicians.
SECTION 55.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 28.1 of Title 85, unless there is created a duplication in numbering, reads as follows:
A.  1.  The Workers’ Compensation Commission may review any compensation order, award, or decision, except joint petition settlements which have been agreed upon and filed with the Commission.
2.  Review by an appeals panel or the Commission of any compensation order or award, made by the administrative law judge or the Commission, may be done at any time within three (3) months of termination of the compensation period fixed in the original compensation order or award, upon the application of any party in interest, on the ground of a change in physical condition.
3.  Upon the review, the Commission may make an order or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this act. 
B.  The review and subsequent order or award shall be made in accordance with the procedure prescribed in this act. 
C.  The Commission may, at any time within twelve (12) months from the issuance of any order or award, correct any clerical error in any order or award.
SECTION 56.     AMENDATORY     85 O.S. 2001, Section 30, as amended by Section 23, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 30), is amended to read as follows:
Section 30.  A.  1.  If the Workers’ Compensation Court Commission before which any proceedings for compensation or concerning an award of compensation have been brought, under the Workers’ Compensation Act, determines that such proceedings have not been brought on a reasonable ground, or that denial of benefits has not been based on a reasonable ground, the Court Commission shall assess the total cost of the proceedings on the party, who has brought them or the party who has unreasonably denied payment of benefits.
2.  In the event a respondent fails to pay travel expenses as required by an order of the Court Commission within twenty-five (25) business days of such order, the Court Commission shall assess a Five Hundred Dollar ($500.00) penalty against the respondent and payable to the claimant.
B.  Claims for services or treatment rendered or supplies furnished pursuant to Section 14 of this title shall not be enforceable unless approved by the Court Commission.  If approved, such claim shall become a lien upon the compensation awarded, but shall be paid therefrom only in the manner fixed by the Court Commission.
C.  A claim for legal services shall be determined by the Court Commission pursuant to the provisions of this subsection.
1.  A claim for legal services in contested temporary disability cases shall not exceed ten percent (10%) of the amount of the award for temporary disability.  Legal service fees paid in uncontested cases for temporary total disability shall not exceed ten percent (10%) as ordered by the Court Commission.
2.  A claim for legal services shall not exceed twenty percent (20%) of the amount of the award for permanent disability or death benefits.
D.  Claims for legal services for temporary disability awards shall be paid periodically.  Claims for legal fees for permanent total disability awards shall be paid periodically at the rate of twenty percent (20%) of each weekly check to the claimant until the attorney fee is satisfied, based upon a maximum of four hundred (400) weeks of compensation.  The right to any such attorney fee shall be vested at the time the award therefor becomes final.  Claims for legal services for permanent partial disability awards may be paid in a lump sum the same to be deducted from the end of the award.  Claims for legal services for death awards may be paid in a lump sum which shall be deducted from the periodic compensation payments at a rate of ten percent (10%) per payment until the attorney fee is satisfied.
E.  In any claim in which the respondent has admitted compensability of an accidental injury within twenty (20) days of the filing of an Employee’s First Notice of Accidental Injury and Claim for Compensation, has not disputed medical treatment, and has made a settlement offer in writing within fifteen (15) days after receipt of notice that the claimant reaches has reached maximum medical improvement, the attorney fee shall be limited to thirty-five percent (35%) of the amount of any award or settlement of permanent partial disability which is greater than the amount of the offer.  In addition, an attorney fee shall be awarded for other contested benefits obtained on behalf of the claimant at any time during the pendency of the claim and shall be based upon a reasonable hourly rate.  In no event shall the total attorney fee be in excess of twenty percent (20%) of the total permanent partial disability award or settlement.  All attorney fees shall be deducted from the award or settlement to the claimant.
SECTION 57.     AMENDATORY     85 O.S. 2001, Section 41, is amended to read as follows:
Section 41.  A.  Awards for permanent partial disability under Section 22 of this title shall be made for the total number of weeks of compensation which the Workers' Compensation Commission or Court of Continuing Claims shall find the claimant will be entitled to receive, less any sums previously paid which the Commission or Court of Continuing Claims may find to be a proper credit thereon.  When the award becomes final, the whole sum or any unpaid portion thereof shall operate as a final adjudicated obligation and payment thereof may be enforced by the claimant or in case of his death, by the surviving beneficiary entitled to the proceeds as provided in Section 48 of this title.  All awards shall be paid by periodic installments as determined by the Commission or Court of Continuing Claims.  Whenever an injured person receives an award for permanent partial disability, permanent total disability or death benefits, the injured employee or claimant, for good cause shown, may have the award commuted to a lump‑sum payment by permission of the Commission or Court of Continuing Claims.  This authorization for commutation shall not be applicable to attorney fees in permanent total disability cases.  The lump‑sum payment shall not exceed Four Thousand Dollars ($4,000.00) or twenty‑five percent (25%) of the total award, whichever is the larger sum.  Attorney fees shall be based upon not more than a five‑hundred‑week award and, with respect to attorney fees in a permanent total disability case, shall be paid periodically.  Such commutation shall be in addition to any commutation to a lump‑sum payment for legal services.  The balance of the total award shall be paid in periodic installments.  In case of the death of a claimant due to causes other than his accidental personal injury or occupational disease at any time before satisfaction or payment of the total award is made, the award shall not abate, but shall be revived in favor of the persons determined by the Commission or Court of Continuing Claims to be entitled thereto.  In proceedings to enforce claims for compensation during a period of healing or temporary total disability, the compensation under the provisions of the Workers' Compensation Act shall be payable periodically, in accordance with the method of payment of the wages of the employee at the time of his injury, and shall be so provided for in any award made.
B.  Awards for permanent total disability shall be made by the Commission or Court of Continuing Claims under Section 22 of this title.  The Commission or Court of Continuing Claims shall make a determination that the claimant will be entitled to receive the weekly income benefits provided in this title as long as his permanent total disability continues to exist.  When an award for total permanent disability becomes final, the accrued portion thereof shall operate as a final adjudicated obligation and payment thereof may be enforced by the claimant.  In proceedings to enforce claims for total permanent disability, the compensation under the provisions of the Workers' Compensation Act shall be payable periodically and shall be so provided in any award made thereon.  Total permanent disability awards shall not be commuted to a lump‑sum payment.
C.  All payments shall be made on any award in the manner and form prescribed by the Court Commission not to exceed the weekly rate of compensation specified in Section 22 of this title, and employers and insurance carriers shall, for such purposes, be permitted, or when necessary to protect the interests of the beneficiary, may be required to make deposits with the Administrator to secure the prompt and convenient payment of awards made.  Provided that, all weekly or periodic payments shall be made through the use of United States legal tender, negotiable instruments payable on demand or negotiable drafts when each such payment does not exceed One Thousand Dollars ($1,000.00).  Failure for ten (10) days to pay any final award or any portion thereof, as ordered shall immediately entitle the beneficiary to an order finding the respondent and/or insurance carrier to be in default and all unpaid portions, including future periodic installments unpaid, shall immediately become due and may be immediately enforced as provided by Section 42 of this title.
An award for disability may be made after the death of the injured employee, when death results from causes other than the injury.  If an employee dies as a result of a compensable injury or an occupational disease, any unaccrued portions of an award or order shall abate.
SECTION 58.     AMENDATORY     85 O.S. 2001, Section 42, as amended by Section 1, Chapter 236, O.S.L. 2010 (85 O.S. Supp. 2010, Section 42), is amended to read as follows:
Section 42.  A.  If payment of compensation or an installment payment of compensation due under the terms of an award, except in the case of an appeal of an award or an award from the Multiple Injury Trust Fund, is not made within ten (10) days after the same is due by the employer or insurance carrier liable therefor, the Workers’ Compensation Commission or Court of Continuing Claims may order a certified copy of the award to be filed in the office of the court clerk of any county, which award whether accumulative or lump sum shall have the same force and be subject to the same law as judgments of the district court.  Any compensation awarded and all payments thereof directed to be made by order of the Commission or Court of Continuing Claims, except in the case of an appeal of an award or an award of compensation from the Multiple Injury Trust Fund, shall bear interest at the rate of eighteen percent (18%) the average U.S. Treasury Bill rate of the preceding calendar year per year from the date ordered paid by the Commission or Court of Continuing Claims until the date of satisfaction.  On or after November 1, 2001, compensation ordered to be paid from the Multiple Injury Trust Fund shall bear simple interest only at the percentage rate applicable to judgments in civil cases pursuant to Section 727 of Title 12 of the Oklahoma Statutes from the date of the award.  Any award from the Multiple Injury Trust Fund prior to November 4, 1994, shall bear interest at the percentage rate applicable to judgments in civil cases pursuant to Section 727 of Title 12 of the Oklahoma Statutes.  Upon the filing of the certified copy of the Court's Commission’s or Court of Continuing Claims’ award a writ of execution shall issue and process shall be executed and the cost thereof taxed, as in the case of writs of execution, on judgments of courts of record, as provided by Title 12 of the Oklahoma Statutes; provided, however, the provisions of this section relating to execution and process for the enforcement of awards shall be and are cumulative to other provisions now existing or which may hereafter be adopted relating to liens or enforcement of awards or claims for compensation.
B.  If any insurance carrier intentionally, knowingly, or willfully violates any of the provisions of the Workers' Compensation Act or any published rules or regulations promulgated thereunder, the Insurance Commissioner, on the request of a judge of the Commission or Court of Continuing Claims or the Administrator of workers’ compensation, shall suspend or revoke the license or authority of such insurance carrier to do a compensation business in this state.
C.  Creation of a new business entity for the purpose of avoiding payment of a workers’ compensation judgment is prohibited.  
SECTION 59.     AMENDATORY     85 O.S. 2001, Section 43, as amended by Section 24, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 43), is amended to read as follows:
Section 43.  A.  The right to claim compensation under the Workers’ Compensation Act shall be forever barred unless, within two (2) years after the date of accidental injury or death, a claim for compensation is filed with the Workers’ Compensation Commission or Court of Continuing Claims.  Provided however, a claim may be filed within two (2) years of the last medical treatment which was authorized by the employer or the insurance carrier or payment of any compensation or remuneration paid in lieu of compensation.  Provided further however, with respect to disease or injury caused by repeated trauma causally connected with employment, a claim may be filed within two (2) years of the date of last trauma or hazardous exposure.  Provided, further however, in the case of asbestosis, silicosis or exposure to nuclear radiation causally connected with employment, a claim may be filed within two (2) years of the date of last hazardous exposure or within two (2) years from the date said condition first becomes manifest by a symptom or condition from which one learned in medicine could, with reasonable accuracy, diagnose such specific condition, whichever last occurs.  The filing of any form or report by the employer or insurance carrier shall not toll the above limitations.  Post-termination injury claims shall be filed within six (6) months of termination of employment, provided that nothing herein shall extend any limitation period set forth in this section.
B.  When a claim for compensation has been filed with the Administrator as herein provided, unless the claimant shall in good faith request a hearing and final determination thereon within three (3) years from the date of filing thereof or within three (3) years from the date of last payment of compensation or wages in lieu thereof, same shall be barred as the basis of any claim for compensation under the Workers’ Compensation Act and shall be dismissed by the Commission or Court of Continuing Claims for want of prosecution, which action shall operate as a final adjudication of the right to claim compensation thereunder.  If represented by counsel, the claimant may, upon the payment of the Court’s Commission's or Court of Continuing Claims' filing fee, dismiss any claim brought by the claimant at any time before final submission of the case to the Commission or Court of Continuing Claims for decision.  Any claimant not represented by counsel may, upon the payment of the Court’s Commission's or Court of Continuing Claims' filing fee and with an order of the Commission or Court of Continuing Claims, dismiss any claim brought by the claimant at any time before final submission of the case to the Commission or Court of Continuing Claims for decision.  Such dismissal shall be without prejudice unless the words “with prejudice” are included in the order.  If any claim that is filed within the statutory time permitted by this section is dismissed without prejudice, a new claim may be filed within one (1) year after the entry of the order dismissing the first claim even if the statutory time for filing has expired.
C.  The jurisdiction of the Commission or Court of Continuing Claims to reopen any cause surgically-treated claim upon an application based upon a change in condition for the worse shall extend for three (3) years from the date of the last order, and unless filed within said period of time, shall be forever barred.  An order denying an application to reopen a such surgically-treated claim shall not extend the period of the time set out herein for reopening the case.
D.  Each employer shall post a notice advising employees that they are covered by the Workers’ Compensation Act and that workers’ compensation counselor services are available at the Workers’ Compensation Court Commission.  The form of the notice shall be prescribed by the rules of the Court Commission.  No other notice to the employee shall be required other than said poster required by this section; provided that nothing in this subsection shall be construed to toll the Statute of Limitations provided above.
SECTION 60.     AMENDATORY     85 O.S. 2001, Section 44, as amended by Section 25, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 44), is amended to read as follows:
Section 44.  (a)  If a worker an employee entitled to compensation under the Workers' Compensation Act is injured or killed by the negligence or wrong of another person not in the same employ, such injured worker employee shall, before any suit or claim under the Workers' Compensation Act, elect whether to take compensation under the Workers' Compensation Act, or to pursue his a remedy against such the other person.  Such election shall be evidenced in such a manner as the Administrator Workers' Compensation Commissioner may by rule or regulation prescribe.  If he the injured employee or the representative of a deceased employee elects to take compensation under the Workers' Compensation Act, the cause of action against such the other person shall be assigned to the insurance carrier liable for the payment of such compensation, and if he the injured employee or representative of a deceased employee elects to proceed against such the other person or insurance carrier, as the case may be, the employer's insurance carrier shall contribute only the deficiency, if any, between the amount of the recovery against such the other person actually collected, and the compensation provided or estimated by the Workers' Compensation Act for such case.  The compromise of any such cause of action by the worker employee at any amount less than the compensation provided for by the Workers' Compensation Act shall be made only with the written approval of the Commission or Court of Continuing Claims.  Whenever recovery against such the other person is effected without compromise settlement by the employee or his representatives of the employee, the employer or insurance company having paid compensation under the Workers' Compensation Act shall be entitled to reimbursement as hereinafter set forth and shall pay from its share of said reimbursement a proportionate share of the expenses, including attorneys fees, incurred in effecting said recovery to be determined by the ratio that the amount of compensation paid by the employer bears to the amount of the recovery effected by the employee.  After the expenses and attorneys fees have been paid, the balance of the recovery shall be apportioned between the employer or insurance company having paid the compensation and the employee or his representatives of the employee in the same ratio that the amount of compensation paid by the employer bears to the total amount recovered; provided, however, the balance of the recovery may be divided between the employer or insurance company having paid compensation and the employee or his the representatives of a deceased employee as they may agree.
In the event that recovery is effected by compromise settlement, then in that event the expenses, attorneys fees and the balance of the recovery may be divided between the employer or insurance company having paid compensation and the employee or his the representatives of a deceased employee as they may agree.  Provided, that in the event they are unable to agree, then the same recovery shall be apportioned by the district court having jurisdiction of the employee's action against such the other person, in such manner as is a just and reasonable manner.
(b)  Notwithstanding subsection (d) of this section, the employer or his insurance carrier shall not have the right of subrogation to recover money paid by the employer or his insurance carrier for death claims or death benefits under the Workers' Compensation Act from third persons, with all common law rights against other than the employer and his employees preserved and to be in those persons who would have had such rights had there been no death claim or death benefits under the Workers' Compensation Act.
(c)  The employer or his the insurance carrier of the employer shall have the right of subrogation to recover money paid by the employer or his the insurance carrier of the employer for the expenses of the last illness or accident under the Workers' Compensation Act from third persons, with all common law rights against other than the employer and his the employees of the employer preserved and to be in those persons who would have had such rights had there been no benefits under the Workers' Compensation Act.
(d)  An employer shall have a cause of action against a third party whose wrongful or negligent conduct causes the death of an employee entitled to compensation under this title to recover any money paid for death benefits on behalf of the employee.  Nothing contained in this section shall allow an employer or insurance carrier for an employer to seek an interest in either the death benefits received by the employee or the employee’s beneficiary or in a life insurance policy procured by the employee.
SECTION 61.     AMENDATORY     85 O.S. 2001, Section 45, is amended to read as follows:
Section 45.  A.  No benefits, saving or insurance of the injured employee, independent of the provisions of this act shall be considered in determining the compensation or benefit to be paid under this act.
B.  No employee may receive temporary total disability benefits covering the same period of time as unemployment compensation benefits received by the employee as provided by the Oklahoma Employment Security Commission or the unemployment insurance law of any other state.
SECTION 62.     AMENDATORY     85 O.S. 2001, Section 47.1, is amended to read as follows:
Section 47.1  Where an applicant for employment, though not actually disabled, is found to be affected by silicosis or asbestosis, he the applicant may, subject to the approval of the State Industrial Workers' Compensation Commission, be permitted to waive in writing full compensation for any aggravation of his the condition that may result from his continuing in his the hazardous occupation.  In the event of total disablement as a result of the disease with which the employee was so affected, after such a waiver, compensation shall nevertheless be payable as herein elsewhere provided, but in no case for longer than one hundred (100) weeks or to exceed Two Thousand ($2,000.00) Dollars in the aggregate.  A waiver so permitted shall remain effective, for the trade, occupation, process or employment for which executed, notwithstanding a change or changes of employer.  The Commission shall make reasonable rules and regulations relative to the form, execution, filing or registration and public inspection of waivers or records thereof.
SECTION 63.     AMENDATORY     85 O.S. 2001, Section 48.1, is amended to read as follows:
Section 48.1  A.  1.  A lien against workers' compensation benefits is authorized for the purpose of enforcing a judgment for child support.  Child support liens filed in accordance with Section 135 of Title 43 of the Oklahoma Statutes are specifically authorized and shall be paid in accordance with such statute without any order of the Worker's Compensation Commission or Court of Continuing Claims.
2.  Additionally, all income assignments or wage assignments for child support issued pursuant to Section 1170 of Title 12 of the Oklahoma Statutes or Section 240 of Title 56 of the Oklahoma Statutes are specifically authorized and shall be paid in accordance with such statutes without any order of the Workers' Compensation Commission or Court of Continuing Claims.
B.  Venue for purposes of subsection B of Section 1171.3 of Title 12 of the Oklahoma Statutes and subsection E of Section 240.2 of Title 56 of the Oklahoma Statutes shall be either the location of the employer's insurance carrier or the employer's place of business within Oklahoma.
SECTION 64.     AMENDATORY     85 O.S. 2001, Section 61, as amended by Section 78, Chapter 264, O.S.L. 2006 (85 O.S. Supp. 2010, Section 61), is amended to read as follows:
Section 61.  A.  An employer shall secure compensation to his employees in one of the following ways:
1.  By insuring and keeping insured the payment of such compensation with any stock corporation, mutual association, or other concerns authorized to transact the business of workers' compensation insurance in this state, or by exchanging contracts of indemnity or interinsurance, pursuant to reasonable rules prescribed by the Administrator Commissioner providing for and securing the payment of the compensation provided for in the Workers' Compensation Act.  When an insurer issues a policy to provide workers' compensation benefits pursuant to the provisions of the Workers' Compensation Act, the insurer shall file, or cause to be filed, with the Administrator Commissioner a notice in such form and detail as the Administrator Commissioner may prescribe by rule.  The notice shall contain the name, address, and principal occupation of the employer, the number, effective date, and expiration date of the policy, and such other information as may be required by the Administrator Commissioner.  The notice shall be filed by the insurer within thirty (30) days after the effective date of the policy.  Any insurer who fails to file the notice required by this subsection shall be liable for an administrative violation and subject to a fine by the Administrator Commissioner of not more than One Thousand Dollars ($1,000.00);
2.  By obtaining and keeping in force guaranty insurance with any company authorized to do guaranty business in this state.  Each company that issues such guaranty insurance shall file a copy of the contract with the Administrator Commissioner within thirty (30) days after the effective date of the contract.  Any company that fails to file a copy of the contract as required by this subsection shall be liable for an administrative violation and subject to a fine by the Administrator Commissioner of not more than One Thousand Dollars ($1,000.00);
3.  By obtaining and keeping in force a workers' compensation equivalent insurance product approved by the Insurance Commissioner pursuant to Section 65 of this title; or
4.  By furnishing satisfactory proof to the Administrator Commissioner of the employer's financial ability to pay such compensation.  The Administrator Commissioner, pursuant to rules adopted by the Court or the Administrator Commissioner for an individual self‑insured or a group self-insurance association, shall require an employer that has:
a.	less than one hundred employees or less than One Million Dollars ($1,000,000.00) in net assets to:
(1)	deposit with the Administrator Commissioner securities, an irrevocable letter of credit or a surety bond payable to the state, in an amount determined by the Administrator Commissioner which shall be at least an average of the yearly claims for the last three (3) years; or
(2)	provide proof of excess coverage with such terms and conditions as is commensurate with their ability to pay the benefits required by the provisions of the Workers' Compensation Act.
b.	one hundred or more employees and One Million Dollars ($1,000,000.00) or more in net assets to:
(1)	secure a surety bond payable to the state, or an irrevocable letter of credit, in an amount determined by the Administrator Commissioner which shall be at least an average of the yearly claims for the last three (3) years; or
(2)	provide proof of excess coverage with such terms and conditions as is commensurate with their ability to pay the benefits required by the provisions of the Workers' Compensation Act.
The Administrator Commissioner may waive the requirements of this paragraph in an amount which is commensurate with the ability of the individual self-insured or group self-insurance association to pay the benefits required by the provisions of the Workers' Compensation Act.  Irrevocable letters of credit required by this paragraph shall contain such terms as may be prescribed by the Administrator Commissioner and shall be issued for the benefit of the Workers' Compensation Court Commission by a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation.
B.  An employer, upon application to become a member of a group self-insurance association, shall file with the Administrator Commissioner of the Workers' Compensation Court Commission a notice, in such form as prescribed by the Administrator of the Court Commissioner, acknowledging that the employer, by entering into a group self-insurance association, accepts joint and several liability.  Such notice shall be submitted to the Workers' Compensation Court Commission with the application for membership.
C.  An employer who fails to comply with the provisions of this section shall be subject to the penalty provided for in Section 12 of this title.
D.  Any employer that knowingly provides false information to the Administrator Commissioner for purposes of becoming self‑insured or a group self-insurance association shall be subject to the perjury laws of this state.
E.  The provisions of this title shall not be construed to limit or restrict the ability of political subdivisions of this state or employers subject to the provisions of the Workers' Compensation Act from joining together to form group self-insurance associations pursuant to law or rules promulgated by the Court or the Administrator.
SECTION 65.     AMENDATORY     85 O.S. 2001, Section 61.2, is amended to read as follows:
Section 61.2  All self-insured employers and group self-insurance association plans shall be required to develop and implement workplace safety plans by January 1, 1996, and shall notify the Administrator of the Workers' Compensation Court Commissioner, in writing, upon implementation of the plan.  All private employers who become self-insured after the effective date of this act and group self-insurance association plans approved by the Administrator of the Workers' Compensation Court Commissioner after the effective date of this act shall implement a workplace safety plan within six (6) months of becoming self-insured and shall notify the Administrator of the Workers' Compensation Court Commissioner, in writing, upon implementation of the plan.
SECTION 66.     AMENDATORY     85 O.S. 2001, Section 64, as last amended by Section 79, Chapter 264, O.S.L. 2006 (85 O.S. Supp. 2010, Section 64), is amended to read as follows:
Section 64.  A.  Every policy of insurance covering the liability of the employer for compensation issued by a stock company or by a mutual association or other concern authorized to transact workers' compensation insurance in this state shall contain a provision setting forth the right of the Administrator Workers' Compensation Commissioner to enforce in the name of the state, for the benefit of the person entitled to the compensation insured by the policy either by filing a separate application or by making the insurance carrier a party to the original application, the liability of the insurance carrier in whole or in part for the payment of such compensation; provided, however, that payment in whole or in part of the compensation by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
B.  Every such policy shall contain a provision that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be on the part of the insurance carrier, that jurisdiction of the employer shall, for the purpose incorporated in this title, be jurisdiction of the insurance carrier, and that the insurance carrier shall in all things be bound by and subject to the orders, findings, decisions or awards rendered against the employer for the payment of compensation under the provisions incorporated in this title.
C.  Every such policy shall contain a provision to the effect that the insolvency or bankruptcy of the employer shall not relieve the insurance carrier from the payment of compensation for injuries sustained by an employee during the life of such policy.
D.  1.  Every such policy issued to cover a risk in this state shall include provisions giving the insured employer the option of choosing a deductible amount for medical benefits in amounts ranging from Five Hundred Dollars ($500.00) to Two Thousand Five Hundred Dollars ($2,500.00) in increments of Five Hundred Dollars ($500.00).  The policy issued may also include separate provisions giving the insured employer the option of choosing a deductible amount for indemnity benefits in amounts ranging from Five Hundred Dollars ($500.00) to Two Thousand Five Hundred Dollars ($2,500.00) in increments of Five Hundred Dollars ($500.00).  The insured employer, if choosing to exercise the option, shall choose only one deductible amount.
2.  If an insured employer exercises the option and chooses a medical benefits deductible or indemnity benefits deductible, the insured employer shall be liable for the amount of the deductible or deductibles for the medical or indemnity benefits paid for each claim of work injury suffered by an injured employee.
3.  The Insurance Commissioner, in exercising the authority to approve the form of the policy to be issued, shall not approve any policy form that permits, directly or indirectly, any part of the deductible to be charged to or passed on to the injured worker or insurer.
4.  The insurer shall pay the entire cost of medical bills directly to the provider of the services and then seek reimbursement from the insured employer for the deductible amount.  The insurer shall pay the entire cost of the indemnity benefits as if no deductible were in place and then seek reimbursement from the insured employer for the deductible amount.
5.  If the insured employer does not reimburse the deductible amount directly to the insurer within sixty (60) days of a written demand therefor, the insurer shall pay the compensable medical claim or indemnity benefit and may seek to recover the full amount of such claim from the insured employer.
6.  Claim amounts up to Five Hundred Dollars ($500.00) annually which are paid under the medical benefits deductible or indemnity benefits deductible pursuant to this subsection shall be excluded from the calculation of the insured employer's experience modifier.
7.  The provisions of this subsection shall be fully disclosed to the prospective purchaser in writing.
E.  Every such policy issued to a sole proprietor, partnership, limited liability company, corporation, or other business entity must disclose to the potential purchaser in writing the option to elect to include the sole proprietors, any or all of the partnership members, any or all of the limited liability company members, or any or all stockholder-employees as employees for the purpose of workers' compensation insurance coverage by endorsing the policy in accordance with Section 3 of this title.
F.  Every contract or agreement of an employer the purpose of which is to indemnify the employer from loss or damage on account of the injury of an employee by accidental means, or on account of the negligence of such employer or the employer's officer, agent or servant shall be absolutely void unless it shall also cover liability for the payment of the compensation provided for in this title.
G.  No contract of insurance issued by a stock company or mutual association or other concern against the liability arising under this title shall be canceled within the time limited in such contract for its expiration until at least ten (10) days after notice of intention to cancel such contract, on a date specified in such notice, shall be filed in the office of the Administrator and also served on the employer.  Such notice shall be served on the employer by delivering it to the employer or by sending it by mail, by registered letter, addressed to the employer at the employer's last‑known place of residence; provided, that if the employer be a partnership, then such notice may be so given to any one of the partners, and if the employer be a corporation, then the notice may be given to any agent or officer of the corporation upon whom legal process may be served.  Provided, however, if a contract of insurance has been terminated by an employer insured thereunder who has obtained other compensation insurance, as evidenced by filing in compliance with Section 61 of this title, and no intervening rights of any employee are involved, omission of a predecessor insurer to file notice of time of termination of liability shall not constitute basis for imposition of liability against such predecessor insurer.
H.  An insurance carrier or its representative commits an administrative violation under Title 36 of the Oklahoma Statutes if that person attends a workers’ compensation dispute resolution proceeding, including benefit review hearings, arbitrations, or contested case hearings, without complete authority or fails to exercise authority to effectuate agreement or settlement.
SECTION 67.     AMENDATORY     85 O.S. 2001, Section 66.1, is amended to read as follows:
Section 66.1  A.  There is hereby created the "Individual Self‑Insured Guaranty Fund Board".  The Board shall have supervision over the administration and operation of the Individual Self‑Insured Guaranty Fund.
B.  The Board shall consist of not less than three (3) nor more than nine (9) members.  Each member shall be from an employer who has been approved by the Workers' Compensation Court Commission as an own risk carrier or self‑insured risk.  The Board shall be appointed by the Administrator Workers' Compensation Commissioner.
The initial members of the Board shall be appointed to terms of office as follows:
1.  One member shall be appointed for one (1) year;
2.  One member shall be appointed for two (2) years; and
3.  One member shall be appointed for three (3) years.
If more than three members are appointed, the fourth member shall be appointed for four (4) years and each of the others appointed shall be for terms of office in the order of their appointment of one, two, three or four years with the ninth member also serving four (4) years.  Thereafter, each person appointed shall serve for four (4) years.
C.  The State Treasurer shall establish the Individual Self‑Insured Guaranty Fund in the State Treasury.
D.  The monies paid into the Fund, together with the interest thereon, shall constitute the Individual Self‑Insured's Guaranty Fund.
E.  Until the Individual Self‑Insured Guaranty Fund contains One Million Dollars ($1,000,000.00), the Oklahoma Tax Commission shall assess and collect from the employers carrying their own risk a tax at the rate of one percent (1%) of the total compensation for permanent partial disability awards paid out during each quarter of the calendar year by the employers.  The Oklahoma Tax Commission shall forward to the State Treasurer the proceeds of the tax for deposit in the Fund.  When the amount in the Fund falls below Seven Hundred Fifty Thousand Dollars ($750,000.00), the tax made pursuant to this section shall be assessed until the Fund contains One Million Dollars ($1,000,000.00).  The State Treasurer shall place monies in the Fund in interest‑bearing accounts.
F.  1.  If an employer, who is currently approved by the Workers' Compensation Court Commission as a self‑insured or own risk carrier, is unable to make payment of an award and judgment is rendered against such employer and execution is levied and returned unsatisfied in whole or in part, payments for such liabilities shall be made from the Individual Self‑Insured Guaranty Fund.
The Administrator Commissioner shall proceed to recover such payments from the employer, or the employer's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim therefor.
The Attorney General shall appear on behalf of the Administrator Commissioner in any such action or proceeding.  All monies recovered in such action shall be paid into the Fund.
2.  Each employer approved as an individual self‑insurer or own risk carrier shall pay into the Fund a sum equal to that assessed against such employer as provided for in subsection E of this section.  When the award becomes final, the sum shall be payable regardless of whether or not the award made to the claimant is paid.
3.  In making and entering awards for compensation for permanent partial disability, the Court Commission shall determine and fix the amounts that shall be paid to the Tax Commission pursuant to the provisions of subsection E of this section.  The amount so determined and fixed shall have the same force and effect as an award of the Court Commission for compensation and all provisions relating to the collection of awards of the Court Commission shall apply to such judgments.
4.  It shall be the duty of the Oklahoma Tax Commission to collect the payments provided for in this section.  The Oklahoma Tax Commission is hereby authorized to bring an action for the recovery of any delinquent or unpaid payments required in this section.  The Oklahoma Tax Commission may also enforce payments by proceeding in accordance with the provisions of Section 42 of Title 85 of the Oklahoma Statutes.
The Oklahoma Tax Commission shall on or before the first day of April of each year find and determine the amount of money held as of March 1 of that year by the State Treasurer for the benefit of the Individual Self‑Insured Guaranty Fund and shall on or before the first day of October of each year find and determine the amount of money held as of September 1 of that year by the State Treasurer for the benefit of the Individual Self‑Insured Guaranty Fund.  Promptly after making each such determination, the Oklahoma Tax Commission shall advise the Administrator Workers' Compensation Commissioner in writing of its findings.
5.  Eighty percent (80%) of all sums held by the State Treasurer to the credit of the Individual Self‑Insured Guaranty Fund by order of the Administrator Workers' Compensation Commissioner, with the approval of the Individual Self‑Insured Guaranty Fund Board, may be invested in or loaned on the pledge of any of the securities in which a state bank may invest the moneys deposited therein by the State Treasurer; or may be deposited in state or national banks or trust companies upon insured time deposit bearing interest at a rate no less than currently being paid upon insured savings accounts in said institutions.  "Insured" as used in this section shall mean insurance as provided by an agency of the federal government.  All such securities or evidence of indebtedness shall be placed in the hands of the State Treasurer, who shall be the custodian thereof, who shall collect the principal and interest when due, and pay the same into said Fund.  The State Treasurer shall pay by vouchers drawn on the Individual Self‑Insured Guaranty Fund for the making of such investments, when signed by the Administrator Commissioner and approved by the Individual Self‑Insured Guaranty Board, upon delivery of such securities or evidence of indebtedness to him.  The Administrator Commissioner, upon approval of the individual Self‑Insured Guaranty Board, may sell any of such securities, the proceeds thereof to be paid over to the State Treasurer for deposit in the Fund.
6.  The refund provisions of Sections 227 through 229 of Title 68 of the Oklahoma Statutes shall be applicable to any payment of assessments made to the Fund when the Fund has over One Million Dollars ($1,000,000.00) in it.  Refunds shall be paid from the Fund.
7.  The Oklahoma Tax Commission shall pay, monthly, to the State Treasurer to the credit of the Individual Self‑Insured Guaranty Fund all moneys collected under the provisions of this section. The State Treasurer shall pay out of the Individual Self‑Insured Guaranty Fund only upon the order and direction of a court of this state acting under the provisions thereof.
8.  Where an award has been made by the Court or a payment in lieu thereof for compensable injury for a permanent partial disability, the employer shall pay to the Tax Commission such sum as is due of which ninety‑eight percent (98%) of said sum shall be paid into the Fund and the remaining two percent (2%) thereof shall be paid to the Oklahoma Tax Commission not later than the fifteenth of the month following the close of the calendar quarter in which the award was made.
G.  The Board may retain an insurance carrier or approved service organization to process, investigate and pay valid claims. The charge for such service shall be paid from the Fund.
H.  The provisions of this section shall not apply to any state entity or any political subdivision of the state.
I.  No claim or award shall be allowed against the Fund unless such claim or award is made within (1) one year of the time provided in paragraph 1 of subsection F of this section.
SECTION 68.     AMENDATORY     85 O.S. 2001, Section 66.2, is amended to read as follows:
Section 66.2  A.  There is hereby created the "Group Self‑Insurance Association Guaranty Fund Board".  The Board shall have supervision over the administration and operation of the Group Self‑Insurance Association Guaranty Fund.
B.  The Board shall consist of not less than three (3) nor more than nine (9) members.  Each member shall be an administrator of a Group Self‑Insurance Association which has been approved by the Workers' Compensation Court Commission as an own risk carrier or self‑insured risk.  The Board shall be appointed by the Administrator Workers' Compensation Commissioner.  The initial members of the Board shall be appointed to terms of office as follows:
1.  One member shall be appointed for one (1) year;
2.  One member shall be appointed for two (2) years; and
3.  One member shall be appointed for three (3) years.
If more than three members are appointed, the fourth member shall be appointed for four (4) years and each of the others appointed shall be for terms of office in the order of their appointment of one, two, three or four years with the ninth member also serving four (4) years.  Thereafter, each person appointed shall serve for four (4) years.
C.  The State Treasurer shall establish the Group Self‑Insurance Association Guaranty Fund in the State Treasury.
D.  The monies paid into the Fund, together with the interest thereon, shall constitute the Group Self‑Insurance Association Guaranty Fund.
E.  Until the Group Self‑Insurance Association Guaranty Fund contains One Million Dollars ($1,000,000.00), the Oklahoma Tax Commission shall assess and collect from each group self‑insurance association carrying their own risk, a tax at the rate of one percent (1%) of the total compensation for permanent partial disability awards paid out during each quarter of the calendar year by each group self‑insurance association.  The Oklahoma Tax Commission shall forward to the State Treasurer the proceeds of the tax for deposit in the Fund.  When the amount in the Fund falls below Seven Hundred Fifty Thousand Dollars ($750,000.00), the tax made pursuant to this section shall be assessed until the Fund contains One Million Dollars ($1,000,000.00).  The State Treasurer shall place monies in the Fund in interest‑bearing accounts.
F.  1.  If a group self‑insurance association, that is currently approved by the Workers' Compensation Court Commission as a self‑insured or own risk carrier, is unable to make payment of an award and judgment is rendered against such group self‑insurance association and execution is levied and returned unsatisfied in whole or in part, payments for such liabilities shall be made from the Group Self‑Insurance Association Guaranty Fund.
The Administrator Workers' Compensation Commissioner shall proceed to recover such payments from the group self‑insurance association, or the group self‑insurance association's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim therefor.
The Attorney General shall appear on behalf of the Administrator Commissioner in any such action or proceeding. All monies recovered in such action shall be paid into the Fund.
2.  Each group self‑insurance association approved as a self‑insurer or own risk carrier shall pay into the Fund a sum equal to that assessed against such group self‑insurance association as provided for in subsection E of this section.  When the award becomes final, the sum shall be payable regardless of whether or not the award made to the claimant is paid.
3.  In making and entering awards for compensation for permanent partial disability, the Court Commission shall determine and fix the amounts that shall be paid to the Tax Commission pursuant to the provisions of subsection E of this section.  The amount so determined and fixed shall have the same force and effect as an award of the Court Commission for compensation and all provisions relating to the collection of awards of the Court shall apply to such judgments.
4.  It shall be the duty of the Oklahoma Tax Commission to collect the payments provided for in this section.  The Oklahoma Tax Commission is hereby authorized to bring an action for the recovery of any delinquent or unpaid payments required in this section.  The Oklahoma Tax Commission may also enforce payments by proceeding in accordance with the provisions of Section 42 of Title 85 of the Oklahoma Statutes.
The Oklahoma Tax Commission shall on or before the first day of April of each year find and determine the amount of money held as of March 1 of that year by the State Treasurer for the benefit of the Group Self‑Insurance Association Guaranty Fund and shall on or before the first day of October of each year find and determine the amount of money held as of September 1 of that year by the State Treasurer for the benefit of the Group Self‑Insurance Association Guaranty Fund.  Promptly after making each such determination, the Oklahoma Tax Commission shall advise the Administrator Workers' Compensation Commissioner in writing of its findings.
5.  Eighty percent (80%) of all sums held by the State Treasurer to the credit of the Group Self‑Insurance Association Guaranty Fund by order of the Administrator Workers' Compensation Commissioner, with the approval of the Group Self‑Insurance Association Guaranty Fund Board, may be invested in or loaned on the pledge of any of the securities in which a state bank may invest the moneys deposited therein by the State Treasurer; or may be deposited in state or national banks or trust companies upon insured time deposit bearing interest at a rate no less than currently being paid upon insured savings accounts in said institutions.  "Insured" as used in this section shall mean insurance as provided by an agency of the federal government.  All such securities or evidence of indebtedness shall be placed in the hands of the State Treasurer, who shall be the custodian thereof, who shall collect the principal and interest when due, and pay the same into said Fund.  The State Treasurer shall pay by vouchers drawn on the Group Self‑Insurance Association Guaranty Fund for the making of such investments, when signed by the Administrator and approved by the Group Self‑Insurance Association Guaranty Board, upon delivery or evidence of indebtedness to him.  The Administrator Workers' Compensation Commissioner, upon approval of the Group Self‑Insurance Association Guaranty Board, may sell any of such securities, the proceeds thereof to be paid over to the State Treasurer for deposit in the Fund.
6.  The refund provisions of Sections 227 through 229 of Title 68 of the Oklahoma Statutes shall be applicable to any payment of assessments made to the Fund when the Fund has over One Million Dollars ($1,000,000.00) in it.  Refunds shall be paid from the Fund.
7.  The Oklahoma Tax Commission shall pay, monthly, to the State Treasurer to the credit of the Group Self‑Insurance Association Guaranty Fund all moneys collected under the provisions of this section.  The State Treasurer shall pay out of the Group Self‑Insurance Association Guaranty Fund only upon the order and direction of a court of this state acting under the provisions thereof.
8.  Where an award has been made by the Court Commission or a payment in lieu thereof for compensable injury for a permanent partial disability, the employer shall pay to the Tax Commission such sum as is due of which ninety‑eight percent (98%) of said sum shall be paid into the Fund and the remaining two percent (2%) thereof shall be paid to the Oklahoma Tax Commission not later than the fifteenth of the month following the close of the calendar quarter in which the award was made.
G.  The Board may retain an insurance carrier or approved service organization to process, investigate and pay valid claims. The charge for such service shall be paid from the Fund.
H.  The provisions of this section shall not apply to any group self‑insurance association consisting of state entities or of any political subdivisions of the state.
I.  No claim or award shall be allowed against said Fund unless such claim or award is made within one (1) year of the time provided in paragraph 1 of subsection F of this section.
SECTION 69.     AMENDATORY     85 O.S. 2001, Section 80, is amended to read as follows:
Section 80.  A.  Failure to attend in obedience to a subpoena issued by the Workers’ Compensation Court Commission may be punishable as contempt of the Court Commission.  The Court Commission may compel obedience to the subpoena by attachment proceedings as for contempt pursuant to Sections 393 and 396 of Title 12 of the Oklahoma Statutes.  Punishment for failure to attend in obedience to a subpoena, except in case of a demand and failure to pay witness fees as provided in Section 81 of this title, shall be limited to a fine not to exceed One Thousand Dollars ($1,000.00) which the Court Commission may order the witness to pay.  The fine imposed by the Court shall be paid into the Administrator of Workers’ Compensation Revolving Fund created pursuant to Section 95 of this title.
B.  In case of disobedience of any person to comply with the order of the Workers’ Compensation Court Commission, the judge of the district court of the county in which the person resides, or of the county in which such hearing is being conducted, on application of a judge of the Workers’ Compensation Court Commission, shall compel obedience by attachment proceedings as for contempt, pursuant to Sections 393 and 396 of Title 12 of the Oklahoma Statutes.
SECTION 70.     AMENDATORY     85 O.S. 2001, Section 81, is amended to read as follows:
Section 81.  Each witness who appears in obedience to a subpoena before the Commission or Court of Continuing Claims to obtain the required information, shall receive for his attendance the fee and mileage provided for witnesses in civil cases.
SECTION 71.     AMENDATORY     85 O.S. 2001, Section 84, is amended to read as follows:
Section 84.  A.  The power and jurisdiction of the Commission or Court of Continuing Claims over each case shall be continuing and it may, from time to time, make such modifications or changes with respect to former findings or orders relating thereto if, in its opinion, it may be justified, including the right to require physical examinations as provided for in Section 25 of this title, and subject to the same penalties for refusal; provided, that upon petition filed by the employer or insurance carrier, and the injured employee, or other person entitled to compensation under the Workers' Compensation Act, the Commission or Court of Continuing Claims shall have jurisdiction to consider the proposition of whether or not a final settlement may be had between the parties presenting such petition.  The Commission or Court of Continuing Claims is authorized and empowered to have a full hearing on the petition, and to take testimony of physicians and others relating to the permanency or probable permanency of the injury, and to take such other testimony relevant to the subject matter of such petition as the Commission or Court of Continuing Claims may require.  The Commission or Court of Continuing Claims shall have authority to consider such petition and to dismiss the same without a hearing if in its judgment the same shall not be set for a hearing; the expenses of such hearing or investigation, including necessary medical examinations, shall be paid by the employer or insurance carrier, and such expenses may be included in the final award.  If the Commission or Court of Continuing Claims decides it is for the best interest of both parties to said petition that a final award be made, a decision shall be rendered accordingly and the Commission or Court of Continuing Claims may make an award that shall be final as to the rights of all parties to said petition and thereafter the Commission or Court of Continuing Claims shall have no jurisdiction over any claim for the injury or any results arising from same.  If the Commission or Court of Continuing Claims shall decide the case should not be finally settled at the time of the hearing, the petition shall be dismissed without prejudice to either party, and the Commission or Court of Continuing Claims shall have the same jurisdiction over the matter as if said petition had not been filed.  The same rights of appeal shall exist from the decision rendered under such petition as if provided for appeals in other cases before the Commission or Court of Continuing Claims; provided there shall be no appeal allowed from an order of the Commission or Court of Continuing Claims dismissing such petition as provided in this section.
B.  A good faith effort shall be made on the part of any insurance carrier, the State Insurance Fund, or group self-insured plan to notify an insured employer of the possibility of, and/or terms of, any settlement of a workers' compensation case pursuant to this section.  Written comments or objections to settlements shall be filed with the Workers' Compensation Commission or Court of Continuing Claims and periodically shared with the management of the applicable insurer.  A written notice shall be made to all policyholders of their right to a good faith effort by their insurer to notify them of any proposed settlement, if the policyholder so chooses.
SECTION 72.     AMENDATORY     85 O.S. 2001, Section 85, is amended to read as follows:
Section 85.  Annually, on or before the first day of July, commencing with July, 1987, the Administrator Workers' Compensation Commissioner shall prepare and submit a report for the prior calendar year to the Governor, the Chief Justice of the Supreme Court, the President Pro Tempore of the Senate, the Speaker of the House of Representatives and each member of the Legislature, which shall include a statement of the number of awards made and the causes of the accidents leading to the injuries for which the awards were made, total work load data of the Court, a detailed report of the work load of each judge of the Court, a detailed statement of the expenses of the office of the Administrator of Workers' Compensation and the Commission and the Court of Continuing Claims, together with any other matter which the Administrator deems proper to report to the Governor, including any recommendations he may desire to make.
SECTION 73.     AMENDATORY     85 O.S. 2001, Section 104, is amended to read as follows:
Section 104.  All books, records and payrolls of the employers showing or reflecting in any way upon the amount of wage expenditures of such employers shall always be open for inspection by the Administrator Workers' Compensation Commissioner or any other authorized auditors, accountants, or inspector for the purpose of ascertaining the correctness of the wage expenditure and number of men persons employed and such other information as may be necessary for the purposes and uses of the Administrator Commissioner in the administration of the Workers' Compensation Act.  No person shall be excused from testifying or from producing any books or papers or documents in any investigation or inquiry, by or upon any hearing before the Commission or Court of Continuing Claims, when ordered to do so by the Commission or Court of Continuing Claims, upon the ground that the testimony or payroll or other competent evidence required of him the person may tend to incriminate him the person or subject him the person to penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he the person shall under oath, have, by order of the Commission or Court of Continuing Claims, testified to or produced documentary evidence of; provided however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him the person in his the testimony of the person.
SECTION 74.     AMENDATORY     85 O.S. 2001, Section 110, as amended by Section 1, Chapter 338, O.S.L. 2002 (85 O.S. Supp. 2010, Section 110), is amended to read as follows:
Section 110.  A.  Except as otherwise provided by state or federal law and subject to the provisions of this section, an employer may inquire about previous workers' compensation claims paid to an employee while the employee was employed by a previous employer.  If the employee fails to answer truthfully about any previous permanent partial disability awards made pursuant to workers' compensation claims, the employee shall be subject to discharge by the employer.
B.  1.  All requests made to the Workers’ Compensation Commission or Court of Continuing Claims for information on prior workers’ compensation claims involving a worker, including written inquiries about prior claims and requests to access a worker’s compensation claim file, must be in writing, on a form prescribed by the Administrator Workers' Compensation Commissioner, and accompanied by a fee of One Dollar ($1.00) per search request, not to exceed One Dollar ($1.00) per claims record of a particular worker.  The fee shall be deposited to the credit of the Administrator of Workers’ Compensation Revolving Fund created by Section 95 of this title.  The form shall require identification of the person requesting the information, and the person for whom a search is being made if different from the requester.  The form must contain an affidavit signed by the requester under penalty of perjury that the information sought is not requested for a purpose in violation of state or federal law.  The form must be used by all repositories of archived Workers’ Compensation Commission or Court of Continuing Claims claim files.  All request forms shall be maintained by the Administrator Commissioner as a public record, together with a record of a worker’s written authorization permitting a search indexed by the worker’s social security number  as required by Section 3113 of Title 74 of the Oklahoma Statutes.  The request forms and authorizations shall be indexed alphabetically by the last name of the worker.
2.  This subsection shall not apply:
a.	to requests for claims information made by a public officer or by a public employee in the performance of his or her duties on behalf of a governmental entity or as may be allowed by law,
b.	to requests for claims information made by an insurer, self-insured employer, third-party claims administrator, or a legal representative thereof, when necessary to process or defend a worker’s compensation claim,
c.	when a worker or the worker’s representative requests review of the worker’s claims information,
d.	when the disclosure is made for educational or research purposes and in such a manner that the disclosed information cannot be used to identify any worker who is the subject of a claim,
e.	to requests for claims information made by a health care or rehabilitation provider or the provider’s legal representative when necessary to process payment of health care or rehabilitation services rendered to a worker, and
f.	to requests for claim information made by an employer or personnel service company (including but not limited to an individual or entity) where the worker executes a written authorization permitting the search and designating the employer or personnel service company as the worker’s representative for that purpose; however, nothing in this subparagraph shall relieve the employer or personnel service company from complying with the requirements of utilizing the form set forth in paragraph 1 of this subsection.
SECTION 75.     AMENDATORY     85 O.S. 2001, Section 112, is amended to read as follows:
Section 112.  A.  There is hereby created an Advisory Council on Workers' Compensation.
B.  The voting membership of the Advisory Council shall consist of nine (9) seven (7) members.  The Administrator and Presiding Judge of the Court Workers' Compensation Commissioner shall be an ex officio nonvoting members member.
1.  The Governor shall appoint three (3) two (2) members, one representing employers in this state, one of whom shall be from a list of nominees provided by the predominant statewide broad-based business organization; and one representing employees in this state.
2.  The Speaker of the House of Representatives shall appoint three (3) two (2) members, one representing employees employers in this state, one of whom shall be from a list of nominees provided by the most representative labor organization in the state; and one representing employees in this state.
3.  The President Pro Tempore of the Senate shall appoint three (3) two (2) members, one representing employers in this state and one representing employees in this state who are attorneys representing the legal profession in this state, one of whom shall be an attorney who practices primarily in the area of defense of workers' compensation claims.
4.  The six members of the Advisory Council so appointed shall select a seventh member who shall serve as Chair.
5.  No attorneys, employees of law firms or insurance companies, physicians, or employees of workers’ compensation medical providers shall be appointed or selected to serve on the Advisory Council.
C.  1.  The term of office for initial appointees shall be as follows:
a.	the term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall expire on March 1, 1992,
b.	the term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall expire on March 1, 1993, and
c.	the term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall expire on March 1, 1994;
2.  Thereafter, All members of the Advisory Council and their successors in office shall be appointed for a three-year term.  Members shall be eligible to succeed themselves in office; and.
3. 2.  Any person appointed to fill a vacancy shall be appointed for the unexpired portion of the term.
D.  The chairman and the vice-chairman of the Advisory Council, one of whom shall be an employee representative and one of whom shall be an employer representative, shall be elected by the Council from among its voting members.
E.  Members shall receive their traveling and other necessary expenses incurred in the performance of their duties as provided in the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
F. E.  Meetings of the Advisory Council shall be quarterly or as called by the chair or upon petition by a majority of the voting members.  The presence of five (5) four voting members constitutes a quorum.  No action shall be taken by the Advisory Council without the affirmative vote of at least five (5) four members.
G. F.  The Administrator of the Court Commissioner shall provide office supplies and personnel of the Workers' Compensation Court Commission to carry out any of the duties that have been entrusted to the Council.
H. G.  The Advisory Council shall analyze and review the workers' compensation system, the reports of the Administrator of the Workers' Compensation Court Commissioner, and trends in the field of workers' compensation.  The Council may recommend improvements and proper responses to developing trends.  The Council shall report its findings annually to the Governor, the Chief Justice of the Supreme Court, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
I. H.  In addition to other duties required by this section, the Advisory Council shall consult with the Workers' Compensation Court Commissioner and Chief Medical Officer regarding oversight of independent medical examiners Medical Impairment Rating physicians as provided in Section 17 of this title.
SECTION 76.     AMENDATORY     85 O.S. 2001, Section 149.1, is amended to read as follows:
Section 149.1  A.  The Workers' Compensation Court Commissioner shall adopt rules permitting two or more employers not otherwise subject to the provisions of Section 2b of this title to pool together liabilities under this act for the purpose of qualifying as a group self-insurer and each such employer shall be classified as a self-insurer.
B.  The Court Commissioner shall approve the distribution of all undistributed policyholders' surplus of a Workers' Compensation Self-Insurance Program if the Program complies with the following criteria:
1.  Has been in business for at least five (5) years;
2.  Has its financial statements audited by a public accounting firm which audits at least one corporate client which has assets in excess of One Billion Dollars ($1,000,000,000.00) and on which the accounting firm has issued an unqualified opinion as to the fair presentation of the financial position of the Program showing adequate solvency and reserves; and
3.  Is in compliance with the provisions of this title and all other regulations as required by the Court Commissioner.
C.  A group self-insurer created pursuant to this section either prior to or after the effective date of this act shall not be subject to the provisions of the Oklahoma Securities Act.
SECTION 77.     AMENDATORY     85 O.S. 2001, Section 149.2, is amended to read as follows:
Section 149.2  The Workers' Compensation Court Commissioner shall adopt rules permitting two or more group self‑insurance associations to pool their liabilities under this act for the purpose of providing such group self‑insurance associations specific and aggregate excess insurance.
SECTION 78.     AMENDATORY     85 O.S. 2001, Section 171, as amended by Section 27, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 171), is amended to read as follows:
Section 171.  For the purpose of Sections 171 through 176 of this title, the term "physically impaired person" means a person who as a result of accident, disease, birth, military action, or any other cause, has suffered the loss of the sight of one eye, the loss by amputation of the whole or a part of a member of his body, or the loss of the use or partial loss of the use of a member such as is obvious and apparent from observation or examination by an ordinary layman, that is, a person who is not skilled in the medical profession, or any previous adjudications of disability adjudged and determined by the Workers' Compensation Commission or Court of Continuing Claims or any disability resulting from separately adjudicated injuries and adjudicated occupational diseases even though arising at the same time.
SECTION 79.     AMENDATORY     85 O.S. 2001, Section 173, as last amended by Section 29, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 173), is amended to read as follows:
Section 173.  There is hereby created, for the purposes herein declared, a Multiple Injury Trust Fund, formerly known as the Special Indemnity Fund, to be derived from the following sources:
A. 1. a.	As soon as practicable after January 1 of each year, the Workers’ Compensation Court Administrator Commissioner shall establish an assessment rate applicable to each mutual or interinsurance association, stock company, CompSource Oklahoma, or other insurance carrier writing workers’ compensation insurance in this state, each employer carrying its own risk, and each group self-insurance association, for amounts for purposes of computing the assessment authorized by this section necessary to pay the annual obligations of the Multiple Injury Trust Fund determined on or before December 31 of each year by the Board of Managers of CompSource Oklahoma to be outstanding for the next calendar year, and to pay the allocations provided for in subsection I of this section.  The rate shall be equal for all parties required to pay the assessment.
b.	The Oklahoma Tax Commission shall assess and collect from any uninsured employer a temporary assessment at the rate of five percent (5%) of the total compensation for permanent total disability awards, permanent partial disability awards, and death benefits paid out during each quarter of the calendar year by the employers.
2.  The assessments shall be paid to the Tax Commission.  Insurance carriers, self-insurers, group self-insurance associations and CompSource Oklahoma shall pay the assessment in four equal installments not later than the fifteenth day of the month following the close of each quarter of the calendar year of the assessment.  Assessments shall be determined based upon gross direct written premiums, normal premiums or actual paid losses of the paying party, as applicable, during the calendar quarter for which the assessment is due.  Uninsured employers shall pay the assessment not later than the fifteenth day of the month following the close of each quarter of the calendar year of the assessment.  For purposes of this section, “uninsured employer” means an employer required by law to carry workers’ compensation insurance but who has failed or neglected to do so.  Only one-third (1/3) of assessments against insurance carriers and CompSource Oklahoma may be charged to policyholders and shall not be considered in determining whether any rate is excessive.  The remaining two-thirds (2/3) of assessments against insurance carriers and CompSource Oklahoma may not be included in any rate, premium, charge, fee, assessment or other amount to be collected from a policyholder.  Insurance carriers and CompSource Oklahoma shall not separately state the amount of the assessment on any invoice or billing assessment.
3.	a.	The assessment authorized in this section shall be determined using a rate equal to the proportion that the sum of the outstanding obligations of the Multiple Injury Trust Fund as determined pursuant to paragraph 1 of this subsection and the allocations provided for in subsection I of this section bear to the combined gross direct written premiums of all such insurers; all actual paid losses of all individual self-insureds; and the normal premium of all group self-insurance associations, for the year period from January 1 to December 31 preceding the assessment.
b.	No employer or insurer shall be liable for payment of the January 15, 2002, assessment.  Payments made pursuant to the January 15, 2002, assessment shall be credited to any assessment obligation of the payor pursuant to this section.  Any payment made pursuant to the January 15, 2002, assessment by a payor having no assessment obligation pursuant to this section during the 2002 calendar year shall be refunded in its entirety to the payor upon application by the payor in the same time and manner as provided for the payment of rebates in Section 6101 of Title 68 of the Oklahoma Statutes.
c.	For purposes of this subsection:
(1)	“actual paid losses” means all medical and indemnity payments, including temporary disability, permanent disability, and death benefits, and excluding loss adjustment expenses and reserves, and
(2)	“normal premium” means a standard premium less any discounts.
4.  By April 15 of each year, the Insurance Commissioner, Board of Managers of CompSource Oklahoma and each individual and group self-insured shall provide the Administrator Workers' Compensation Commissioner with such information as the Administrator Commissioner may determine is necessary to effectuate the purposes of this section.
5.  Each mutual or interinsurance association, stock company, CompSource Oklahoma, or other insurance carrier writing workers’ compensation insurance in this state, and each employer carrying its own risk, including each group self-insurance association, shall be notified by the Administrator Commissioner in writing of the rate for the assessment on or before May 1 of each year in which a rate is determined.  The rate determined by the Administrator Commissioner shall be in effect for four calendar quarters beginning July 1 following determination by the Administrator Commissioner.
6.	a.	No mutual or interinsurance association, stock company, CompSource Oklahoma, or other insurance carrier writing workers’ compensation insurance in this state, may be assessed in any year an amount greater than six percent (6%) of the gross direct written premiums of that insurer.
b.	No employer carrying its own risk may be assessed in any year an amount greater than six percent (6%) of the total actual paid losses of that individual self-insured.
c.	No group self-insurance association may be assessed in any year an amount greater than six percent (6%) of the normal premium of that group self-insurance association.
d.	If the maximum assessment does not provide in any one year an amount sufficient to make all necessary payments for obligations of the Multiple Injury Trust Fund and for the allocations provided for in subsection I of this section, the unpaid portion shall be paid as soon thereafter as funds become available.
B.  The Multiple Injury Trust Fund is hereby authorized to receive and expend monies appropriated by the Legislature.
C.  It shall be the duty of the Tax Commission to collect the payments provided for herein.  The Tax Commission is hereby authorized to bring an action for the recovery of any delinquent or unpaid payments required in this section.  The Tax Commission may also enforce payments by proceeding in accordance with the provisions of Section 42 of this title.
D.  Any mutual or interinsurance association, stock company, or other insurance company, which is subject to regulation by the Insurance Commissioner, or CompSource Oklahoma, failing to make payments required herein promptly and correctly, and failing to report payment of the same to the Insurance Commission within ten (10) days of payment shall be subject to administrative penalties as allowed by law, including but not limited to, a fine in the amount of Five Hundred Dollars ($500.00) or an amount equal to one percent (1%) of the unpaid amount, whichever is greater, to be paid to the Insurance Commissioner.
E.  Any employer carrying its own risk, or group self-insurance association failing to make payments required herein promptly and correctly, and failing to report payment of the same to the Administrator within ten (10) days of payment shall be subject to administrative penalties as allowed by law, including but not limited to a fine in the amount of Five Hundred Dollars ($500.00) or an amount equal to one percent (1%) of the unpaid amount, whichever is greater, to be paid to the Administrator Workers' Compensation Commissioner.
F.  On or before the first day of April of each year, the State Treasurer shall advise the Court Administrator Commissioner, the Board of Managers of CompSource Oklahoma and the Tax Commission of the amount of money held as of March 1 of that year by the State Treasurer to the credit of the Multiple Injury Trust Fund.  On or before the first day of November of each year, the State Treasurer shall advise the Court Administrator, the Board of Managers of CompSource Oklahoma and the Tax Commission of the amount of money held as of October 1 of that year by the State Treasurer to the credit of the Multiple Injury Trust Fund.
G.  Eighty percent (80%) of all sums held by the State Treasurer to the credit of the Multiple Injury Trust Fund may by order of the President and Chief Executive Officer of CompSource Oklahoma, with the approval of the Board of Managers of CompSource Oklahoma, be invested in or loaned on the pledge of any of the securities in which a state bank may invest the monies deposited therein by the State Treasurer; or may be deposited in state or national banks or trust companies upon insured time deposit bearing interest at a rate no less than currently being paid upon insured savings accounts in said institutions.  “Insured” as used in this section shall mean insurance as provided by an agency of the federal government.  All such securities or evidence of indebtedness shall be placed in the hands of the State Treasurer, who shall be the custodian thereof, who shall collect the principal and interest when due, and pay the same into the Multiple Injury Trust Fund.  The State Treasurer shall pay by vouchers drawn on the Multiple Injury Trust Fund for the making of such investments, when signed by the President and Chief Executive Officer of CompSource Oklahoma and approved by the Board of Managers of CompSource Oklahoma, upon delivery of such securities or evidence of indebtedness to the State Treasurer.  The President and Chief Executive Officer of CompSource Oklahoma may, upon like approval of the Board of Managers of CompSource Oklahoma, sell any of such securities, the proceeds thereof to be paid over to the State Treasurer for the Multiple Injury Trust Fund.
H.  The refund provisions of Sections 227 through 229 of Title 68 of the Oklahoma Statutes shall be applicable to any payments made to the Multiple Injury Trust Fund.  Refunds shall be paid from and out of the Multiple Injury Trust Fund.
I.  Beginning January 1, 2002, the Tax Commission shall pay, monthly, to the State Treasurer to the credit of the Multiple Injury Trust Fund all monies collected pursuant to the provisions of this section, less the annual sum of Two Million Five Hundred Fifty Thousand Dollars ($2,550,000.00), of which One Million Two Hundred Seventy-five Thousand Dollars ($1,275,000.00) shall be payable by the Oklahoma Tax Commission to the State Treasurer in equal monthly installments to the credit of the Department of Labor, Six Hundred Thirty-seven Thousand Five Hundred Dollars ($637,500.00) shall be payable in equal monthly installments to the credit of the Office of the Attorney General, and Six Hundred Thirty-seven Thousand Five Hundred Dollars ($637,500.00) shall be payable in equal monthly installments to the credit of the Oklahoma Department of Career and Technology Education.  Monies received by the Department of Labor under this section shall be used for safety consultation and the regulation of the safety of public employees through the Occupational Safety and Health Act of 1970.  Monies received by the Office of the Attorney General shall be deposited to the credit of the Attorney General’s Workers’ Compensation Fraud Unit Revolving Fund created pursuant to Section 19.2 of Title 74 of the Oklahoma Statutes.  Monies received by the Oklahoma Department of Career and Technology Education shall supplement other funding to the Department for purposes of implementing the provisions of subsection B of Section 414 of Title 40 of the Oklahoma Statutes.  The State Treasurer shall pay out of the Multiple Injury Trust Fund only upon the order and direction of the Court of this state acting under the provisions hereof.
J.  The Administrator of the Workers’ Compensation Court Commissioner shall promulgate rules as the Administrator Commissioner deems necessary to effectuate the provisions of this section and Section 174 of this title.
K.  The Insurance Commissioner shall promulgate rules relating to insurers as defined in Title 36 of the Oklahoma Statutes, as the Insurance Commissioner deems necessary to effectuate the provisions of this section.
SECTION 80.     AMENDATORY     85 O.S. 2001, Section 175, as last amended by Section 30, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 175), is amended to read as follows:
Section 175.  A.  CompSource Oklahoma shall be charged with the administration and protection of the Multiple Injury Trust Fund and shall be notified by the Administrator Workers' Compensation Commissioner of all proceedings which may affect such fund.
B.  CompSource Oklahoma shall have standing and the authority to appear in any case before the Workers’ Compensation Commission or Court of Continuing Claims in which the Commission or Court of Continuing Claims is considering an award from the Multiple Injury Trust Fund.
C.  Any party interested shall have a right to bring a proceeding in the Supreme Court of the State of Oklahoma to review an award of the Commission or Court of Continuing Claims affecting such Multiple Injury Trust Fund, in the same manner as is now provided by law with reference to other awards by the Commission or Court of Continuing Claims.
D.  The State Treasurer shall allocate to CompSource Oklahoma out of the Multiple Injury Trust Fund, sufficient funds for administration expenses thereof in amounts to be fixed and approved by the Administrator Commissioner for the Multiple Injury Trust Fund, unless rejected by the Governor and Attorney General.
SECTION 81.     AMENDATORY     85 O.S. 2001, Section 177, is amended to read as follows:
Section 177.  A.  1.  There is hereby established with the State Treasurer a Workers' Compensation Administration Fund to be used for the costs of administering the Workers' Compensation Act and for other purposes pursuant to legislative appropriation.
2.  No money on deposit with the State Treasurer to the credit of the Workers' Compensation Administration Fund shall be expended except pursuant to legislative appropriation.
B.  For the purpose of providing funds for the Workers' Compensation Administration Fund until July 1, 1997, and for the General Revenue Fund beginning July 1, 1997, each mutual or interinsurance association, stock company, the State Insurance Fund or other insurance carrier writing workers' compensation insurance in this state or providing a workers' compensation equivalent insurance product as provided in Section 65 of this title shall pay to the Oklahoma Tax Commission a tax at a rate of one percent (1%) of all gross direct premiums written during each quarter of the calendar year for workers' compensation insurance on risks located in this state after deducting from such gross direct premiums, return premiums, unabsorbed portions of any deposit premiums, policy dividends, safety refunds, savings and other similar returns paid or credited to policyholders.  Such payments to the Tax Commission shall be made not later than the fifteenth day of the month following the close of each quarter of the calendar year in which such gross direct premium is collected or collectible.  Contributions made by insurance carriers and the State Insurance Fund, under the provisions of this section, shall be considered for the purpose of computing workers' compensation rates.
C.  When an employer is authorized to become a self-insurer, the Administrator as directed by the Court Workers' Compensation Commissioner shall so notify the Oklahoma Tax Commission, giving the effective date of such authorization.  The Oklahoma Tax Commission shall then assess and collect from the employers carrying their own risk a tax at the rate of two percent (2%) of the total compensation for permanent total disability awards, permanent partial disability awards and death benefits paid out during each quarter of the calendar year by the employers.  Such tax shall be payable by the employers and collected by the Oklahoma Tax Commission according to the provisions of this section regarding payment and collection of the tax created in subsections B, D, E and F of this section.
D.  It shall be the duty of the Oklahoma Tax Commission to collect the payments provided for herein.  The Oklahoma Tax Commission is hereby authorized to bring an action for the recovery of any delinquent or unpaid payments required in this section.  The Oklahoma Tax Commission may also enforce payments by proceeding in accordance with the provisions of Section 42 of this title.
E.  Until July 1, 1997, the Oklahoma Tax Commission shall pay monthly to the State Treasurer to the credit of the Workers' Compensation Administration Fund all monies collected under the provisions of this section.  Beginning July 1, 1997, the Oklahoma Tax Commission shall pay monthly to the State Treasurer to the credit of the General Revenue Fund all monies collected under the provisions of this section.
F.  The refund provisions of Sections 227 through 229 of Title 68 of the Oklahoma Statutes shall be applicable to any payments made pursuant to this section.
G.  After fiscal year 1997 appropriations have been satisfied, any monies remaining in the Workers' Compensation Administration Fund shall be transferred to the General Revenue Fund.
SECTION 82.     AMENDATORY     85 O.S. 2001, Section 201, as amended by Section 6, Chapter 403, O.S.L. 2010 (85 O.S. Supp. 2010, Section 201), is amended to read as follows:
Section 201.  A.  A health care provider who knowingly charges more for treatment under workers' compensation than that normally charged for similar treatment to a payor outside the workers' compensation system, except for mandated or negotiated charges, shall be subject to penalties prescribed in this section.
B.  The Administrator Workers' Compensation Commissioner shall adopt rules to establish a system of review of medical practices of health care providers through the workers' compensation system to evaluate on an aggregate basis the quantity and quality of treatment, charges and evaluations of permanent impairment by such providers.  The Administrator Commissioner may refer charges of abusive practices by health care providers under the workers' compensation system to the Physician Advisory Committee for review and recommendation.  The findings and recommendation of the Committee shall be only advisory to the Administrator Commissioner and shall not be binding or conclusive upon him.  If the Administrator Commissioner determines that a health care provider has, on an aggregate basis, established a pattern of over or under treating, failing to adhere to the AMA Guides or modifications thereto when evaluating permanent impairment, or overcharging, the Administrator Commissioner shall impose administrative penalties for abusive practices and shall waive payment for medical services or evaluations of permanent impairment of the health care provider rendered under the Workers' Compensation Act, Section 1 et seq. through Section 211 of this title, for a period not to exceed five (5) years.  A pattern of abusive practices shall include, but not be limited to, a pattern of referral to a medical facility for treatment found to be in excess of treatment guidelines adopted by the Administrator Commissioner under Section 201.1 of this title.  Physicians providing treatment under the Workers' Compensation Act shall disclose to the Administrator of the Workers' Compensation Court Commissioner, on a form prescribed by the Administrator Commissioner, any ownership or interest in any health care facility that is not the physician's primary place of business.  Such disclosure shall include, but not be limited to, any employee leasing arrangement between the physician and any health care facility that is not the physician's primary place of business.
C.  If the Administrator Commissioner determines that there is a reasonable likelihood that a violation has occurred, the Administrator Commissioner shall notify the health care provider, by certified mail, return receipt requested, delivery restricted.  This notice shall contain the following:
1.  The substance of the alleged violation;
2.  The amount of any fees, fines, penalties and costs which may be imposed if the provider is found guilty or fails to respond; and
3.  The date that a response must be made or a hearing requested.
D.  The provider shall file a response to the allegations or request a hearing within twenty (20) days after receipt of the notice required by subsection C of this section.
E.  Upon receipt of the response or request for hearing, the Administrator Commissioner shall set a date, time and place for hearing which shall be not less than ten (10) nor more than thirty (30) days after receipt of the request for hearing.  The Administrator Commissioner shall notify all interested parties of the hearing by first-class mail.  This notice shall include the following:
1.  The date, time and place for such hearing;
2.  A brief description of the procedures to be followed; and
3.  A statement that the health care provider may appear, may be represented by counsel, and may present witnesses and testimony.
F.  The Administrator Commissioner shall, within thirty (30) days after completion of the proceedings, make written findings of fact and conclusions of law which shall be sent to the health care provider by first-class mail together with a notice which shall contain the following:
1.  A statement that a health care provider aggrieved by the decision of the Administrator Commissioner shall have ten (10) days after the decision is filed within which to request a hearing before a judge an appeals panel of the Workers' Compensation Commission or Court of Continuing Claims to determine the propriety of the Administrator's Commissioner's decision; and that the order of the judge shall be subject to the same appellate procedure set forth in Section 3.6 of this title for all other orders of the Court; and
2.  Directions for remitting the penalty, if any.
SECTION 83.     AMENDATORY     85 O.S. 2001, Section 201.1, as last amended by Section 6, Chapter 452, O.S.L. 2010 (85 O.S. Supp. 2010, Section 201.1), is amended to read as follows:
Section 201.1  A.  1.  There is hereby created a Physician Advisory Committee comprised of nine (9) members to be appointed as follows:
a.	the Governor shall appoint three members, one of whom shall be licensed in this state as a doctor of medicine and surgery, one of whom shall be engaged in the practice of family medicine in a rural community of the state, and one of whom shall be an osteopathic physician,
b.	the President Pro Tempore of the Senate shall appoint three members, one of whom shall be licensed in this state as a doctor of medicine and surgery, one of whom shall be licensed in this state either as a doctor of medicine or a doctor of osteopathy and shall be engaged in the practice of occupational medicine, and one of whom shall be licensed in this state as a podiatric physician,
c.	the Speaker of the House of Representatives shall appoint three members, one of whom shall be licensed in this state as an osteopathic physician, one of whom shall be licensed in this state either as a doctor of medicine or a doctor of osteopathy, and one of whom shall be licensed in this state as a chiropractic physician.
2.	a.	To fill the positions for which the term of office expires on January 1, 1996, the Governor shall appoint a resident of the Fifth Congressional District, the President Pro Tempore of the Senate shall appoint a resident of the First Congressional District and the Speaker of the House of Representatives shall appoint a resident of the Second Congressional District.
b.	To fill the positions for which the term of office expires on January 1, 1997, the Governor shall appoint a resident of the Sixth Congressional District, the President Pro Tempore of the Senate shall appoint a resident of the Third Congressional District and the Speaker of the House of Representatives shall appoint a resident of the Fourth Congressional District.
c.	To fill the positions for which the term of office expires on January 1, 1998, the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall appoint residents of the state at large.
d.	Thereafter, appointments shall be made from the Congressional District numbered the same as the district from which the original appointment was made pursuant to this paragraph, if a Congressional District so numbered exists.  When congressional districts are redrawn, each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts.  Appointments that were to be made from a numbered Congressional District which no longer exists shall be appointed from the state at large.
e.	Effective July 1, 2005, all members of the Physicians Advisory Committee shall be subject to reappointment regardless of their appointment date, with any new appointee to serve out the remainder of the unexpired term of the committee member so replaced.
B.  The Committee shall:
1.  Assist and advise the Administrator of the Workers' Compensation Court Commissioner regarding utilization review as it relates to the medical practice and treatment of work-related injuries.  Such utilization review shall include a review of reasonable and necessary treatment; abusive practices; needless treatments, testing, or procedures; or a pattern of billing in excess of or in violation of the Schedule of Medical Fees.  The Physician Advisory Committee shall review and make findings and recommendations to the Administrator of the Workers' Compensation Commissioner or Court of Continuing Claims with respect to charges of inappropriate or unnecessary treatment or procedures, abusive practices, or excessive billing disclosed through utilization review.  The guidelines shall be designed to assist providers by offering an analytical framework for the evaluation and treatment of injured workers.
The Workers’ Compensation Court Commission and Court of Continuing Claims shall be bound by the findings and recommendations of the Physician Advisory Committee in regard to reasonable and necessary medical treatment, duration of treatment, continuing medical maintenance, and development of a formulary for the use of prescription medicines, unless there is clear and convincing evidence to the contrary.  Any order for medical care not consistent with findings and recommendations of the Physician Advisory Committee shall contain specific findings to support the deviation from said findings and recommendations;
2.  Assist the Administrator of the Workers' Compensation Court Commissioner and the Chief Medical Officer in reviewing medical practices of health care providers, including evaluations of permanent impairment provided by health care providers, as provided for in Section 201 of this title.  The Committee shall review and make findings and recommendations to the Administrator Commissioner with respect to charges of abusive practices by health care providers providing medical services or evaluations of permanent impairment through the workers' compensation system;
3.  After public hearing, review and make recommendations for acceptable deviations from the American Medical Association's "Guides to the Evaluation of Permanent Impairment" using appropriate and scientifically valid data.  Those recommendations may shall be reviewed and adopted, in part or in whole, by the Administrator Chief Medical Officer to be used as provided for in paragraph 11 of Section 3 and Section 22 of this title;
4.  After public hearing, review and make recommendations for an alternative method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association's "Guides to the Evaluation of Permanent Impairment".  Appropriate and scientific data shall be considered.  The alternative method or system to evaluate permanent impairment may be adopted, in part or in whole, by the Administrator to be used as provided for in paragraph 11 of Section 3 and Section 22 of this title.  Revisions, deviations and alternatives to the American Medical Association's "Guides to the Evaluation of Permanent Impairment" shall become effective as provided in paragraph 11 of Section 3 and Section 22 of this title Ensure that appropriate medical treatment guidelines are recommended to the Chief Medical Officer for adoption and use in all workers’ compensation claims.
a.	As used in this section, and notwithstanding any other provision of law, medical treatment that is reasonably required to be proper and necessary for the injured worker from the effects of the worker’s injury means treatment that is based upon the guidelines adopted by the Chief Medical Officer.  For all injuries not covered by the Chief Medical Officer’s medical treatment guidelines, authorized treatment shall be in accordance with other evidence-based medical treatment guidelines that are recognized generally by the national medical community and scientifically based, as noted in this section.
b.	The recommended guidelines pursuant to subparagraph a of this paragraph shall reflect practices that are evidence and scientifically based, nationally recognized, or state developed.  The guidelines shall be designed to assist providers by offering an analytical framework for the evaluation and treatment of injured workers, and shall constitute care for all injured workers diagnosed with work-related injuries or illnesses. 
c.	A treating doctor may provide medical treatment that is outside of the treatment recommended by the treatment guidelines if the medical treatment is reasonably required and necessary to relieve or cure the individual patient.  Prior authorization from the insurer shall be required in order to be reimbursed for treatment outside of that which is recommended by the treatment guidelines.
d.	If the Chief Medical Officer awards payment of medical treatment outside that which is recommended by the treatment guidelines then the order must explain why the medical treatment was reasonably required and necessary to relieve or cure the individual patient;
5.  After public hearing, adopt treatment guidelines and protocols for treatment of injuries, including, but not limited to, injuries to the hand, wrist, back, knee, neck and shoulder and utilization controls for all treatments, including, but not limited to, x-ray and imaging technology for diagnostic purposes, for adoption by the Administrator.  Treatment guidelines and protocols shall be based upon nationally accepted practice standards and shall indicate when surgery is indicated and the appropriate surgical procedure for the condition.  Compliance with treatment guidelines shall be mandatory and an employer or insurer for an employer shall not be required to pay for treatment which is not in compliance with the guidelines, unless prior authorization is received.  If an employer or insurer for an employer refuses to give such prior authorization, the employee may request the case be reviewed by an independent medical examiner pursuant to the provisions of subsection B of Section 17 of this title.  Provided, however, if the employer and employee are unable to agree on the appointment of an independent medical examiner for prior authorization purposes, the Court shall randomly select an independent medical examiner within seven (7) days of receipt of a written request by the employee.  The independent medical examiner shall review the medical records of the employee, examine the employee, or both, as necessary to render an opinion as to whether prior authorization should be given.  If prior authorization is granted, the employer shall pay the costs of the independent medical examiner subject to limits established by the Administrator.  If prior authorization is denied, the employee shall pay the costs of the independent medical examiner subject to the limits established by the Administrator;
6.  After public hearing, adopt guidelines for the prescription and dispensing of any controlled substance included in Schedule II of the Uniform Controlled Dangerous Substances Act;
7. 6.  Review utilization on cases or of providers when requested by any employer, injured employee or insurer.  The Committee may issue a public or private censure to any provider for utilization which is excessive or inadequate, or recommend the Court order treatment within the treatment guidelines;
8. 7.  Provide general recommendations to the judges of the Workers' Compensation Commission or Court of Continuing Claims on the issues of injury causation and apportionment;
9. 8.  Conduct educational seminars for the benefit review officers, arbitrators, case hearing officers and judges of the Workers' Compensation Commission or Court of Continuing Claims, employers, employees, and other interested parties;
10. 9.  Assist the benefit review officers, arbitrators, case hearing officers and judges of the Workers' Compensation Commission or Court of Continuing Claims in accessing medical information from scientific literature; and
11. 10.  Report its progress annually to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
C.  As used in this section:
1.  “Evidence-based” means expert-based, literature-supported and outcomes validated by well-designed randomized trials when such information is available and which uses the best available evidence to support medical decision-making;
2.  “Nationally recognized” includes but is not limited to syntheses of clinical issues that may take the form of published reports in the scientific literature, national consensus documents, formalized documents addressing standards of practice, practice parameters from professional societies or commissions, and technology assessments produced by independent evidence-based practice centers;
3.  “Scientifically based” involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to medical testing, diagnoses and treatment; is adequate to justify the general conclusions drawn; and has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review;
4.  “Peer review” means the process of subjecting submitted manuscripts, guidelines, or other clinical or scholarly work to the scrutiny of others who are experts in the same field; and
5.  “State-developed” includes formalized treatment guidelines developed and adopted by state governments.
D.  The term of office for initial appointees shall expire March 1, 1994.  Thereafter, successors in office shall serve as follows:
1.  The term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall expire on January 1, 1996;
2.  The term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall expire on January 1, 1997;
3.  The term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall expire on January 1, 1998;
4.  Thereafter, successors in office shall be appointed for a three-year term.  Members shall be eligible to succeed themselves in office; and
5.  Any person appointed to fill a vacancy shall be appointed for the unexpired portion of the term.
D. E.  Members of the Physician Advisory Committee shall receive no compensation for serving on the Committee but shall be reimbursed by the Workers' Compensation Court Commission for their necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
E. F.  Meetings of the Physician Advisory Committee shall be called by the Administrator Commissioner but held at least quarterly.  The presence of a simple majority of the members constitutes a quorum.  No action shall be taken by the Physician Advisory Committee without the affirmative vote of at least a simple majority of the members.
F. G.  The Administrator Commissioner shall provide office supplies and personnel of the Workers' Compensation Court Commission to assist the Committee in the performance of its duties.
G. H.  Upon written request, the State Insurance Commissioner, CompSource Oklahoma, and every approved self-insured employer in Oklahoma shall provide the Committee with data necessary to the performance of its duties.
H. I.  Any health care provider acting in good faith and within the scope of the provider's duties as a member of the Physician Advisory Committee shall be immune from civil liability for making any report or other information available to the judges of the Workers' Compensation Commission or Court of Continuing Claims or to the Administrator of the Workers' Compensation Commission or Court of Continuing Claims or for assisting in the origination, investigation, or preparation of the report or other information so provided.
SECTION 84.     AMENDATORY     85 O.S. 2001, Section 203, is amended to read as follows:
Section 203.  A.  Whenever two or more carriers disagree as to which carrier shall be liable for the continuing health care expenses of an employee, the Commission or Court of Continuing Claims may order one of the carriers to start paying for health care costs immediately.  The decision of the Commission or Court of Continuing Claims to choose one carrier over another to pay for the medical treatment of an employee shall not be appealable until the Commission’s or Court of Continuing Claims’ final order as to the disability of the employee.
B.  The Court Commission shall promulgate rules for expedited hearings in cases involving carrier disputes over the need for immediate medical care.
C.  The carrier in the final order who is liable on the risk for the injury shall immediately reimburse the other carrier for medical monies expended upon proper proof of payment.
D.  In the event that two or more insurance carriers or employers disagree as to which entity is liable for the payment of temporary disability benefits, the Commission or Court of Continuing Claims shall determine which carrier or employer is liable and order reimbursements as determined appropriate.
E.  In the event temporary benefits are overpaid by any carrier or employer, the Commission or Court of Continuing Claims shall award a credit against any subsequent order for permanent disability in favor of the carrier or employer, subject to Section 41.1 of this title.
F.  The Commission or Court of Continuing Claims shall have authority to require an employer and an insurance carrier to reimburse other employers and insurance carriers for benefits paid pursuant to the Workers' Compensation Act in appropriate cases.
SECTION 85.     AMENDATORY     85 O.S. 2001, Section 211, is amended to read as follows:
Section 211.  A.  Every employer and every employee subject to the provisions of the Workers' Compensation Act, Section 1 et seq. through Section 211 of this title, upon filing a notice of injury, accidental injury, death, occupational disease, or claim for benefits from the Multiple Injury Trust Fund, shall give written permission for the Administrator of the Workers' Compensation Court Commissioner or a designee, the Insurance Commissioner or a designee, the Attorney General or a designee or a district attorney or a designee to examine all records relating to the notice, any matter contained in the notice, and any matter relating to the notice.
B.  Written permission given pursuant to this section shall constitute authorization for access to medical records pursuant to Section 19 of Title 76 of the Oklahoma Statutes.
C.  In carrying out the responsibilities given to the Workers' Compensation Fraud Unit, the Attorney General or designee may use subpoenas or other process in aid of investigations and prosecutions and may take possession of records subject to examination pursuant to this section by subpoena.  The Attorney General shall supply copies of the records obtained which are necessary to the continuation of normal business operations by the person maintaining the records or may require the person maintaining the records to provide copies as they are kept in the usual course of business.
D.  Subpoenas ad testificandum or duces tecum requested by the Attorney General or designee pursuant to subsection C of this section shall be issued by the district court in the county of the residence of the person to whom the subpoena is directed, in the county where the records are located or in the county where a person is to produce records or appear and be sworn.  Subpoenas issued pursuant to this section may be served by the Attorney General, any peace officer or any competent person over eighteen (18) years of age, and may require attendance or production at any place in this state.  Service may be made by mail and may be accomplished by mailing a copy thereof by certified mail with return receipt requested and delivery restricted to the person named in the subpoena.  Proof of service shall be made upon affidavit, and if made by mail, a copy of the return receipt shall be attached.  A refusal to obey such subpoena, or willful failure to appear, be sworn, testify or produce records at the place and time specified shall constitute contempt and shall be enforced by the district court of the county where issued.
E.  Nothing in this section shall be construed to waive, limit or impair any evidentiary privilege recognized by law.
F.  The Workers' Compensation Court Commission shall include a statement on forms for notices and instructions to employers and employees that the permission required by this section must be given at the time of filing a notice specified in subsection A of this section.
G.  As used in this section, “records” include, but are not limited to, anything for which a request to produce may be served pursuant to Section 3234 of Title 12 of the Oklahoma Statutes.
SECTION 86.     REPEALER     85 O.S. 2001, Section 3.4, is hereby repealed.
SECTION 87.     REPEALER     85 O.S. 2001, Section 3.5, as  amended by Section 10, Chapter 1, 1st Extraordinary Session, O.S.L. 2005 (85 O.S. Supp. 2010, Section 3.5), is hereby repealed.
SECTION 88.     REPEALER     85 O.S. 2001, Section 3.10, as last amended by Section 3, Chapter 403, O.S.L. 2010 (85 O.S. Supp. 2010, Section 3.10), is hereby repealed.
SECTION 89.     REPEALER     85 O.S. 2001, Section 21, is hereby repealed.
SECTION 90.     REPEALER     85 O.S. 2001, Section 28, is hereby repealed.
SECTION 91.     REPEALER     85 O.S. 2001, Section 69.5, is hereby repealed.
SECTION 92.     REPEALER     85 O.S. 2001, Section 122, is hereby repealed.
SECTION 93.     REPEALER     85 O.S. 2001, Section 201.2, is hereby repealed.
SECTION 94.  This act shall become effective November 1, 2011.

53-1-6047	SDR	01/18/11