Annual report

              State of Oklahoma
2010
Workers’
Compensation
Court
ANNUAL REPORT
June 2011
This publication is issued by the Oklahoma Workers' Compensation Court. Copies have not been printed but are
available through the Court’s website at: http//www.owcc.state.ok.us/annual_reports.htm.
This report is authorized by requirements of 85 O.S. §85 and is compliant with Oklahoma Statutes.
Honorable Mary Fallin
Governor of Oklahoma
Honorable Steven W. Taylor
Chief Justice of the Oklahoma Supreme Court
Honorable Brian Bingman
President Pro Tempore of the Oklahoma State Senate
Honorable Kris Steele
Speaker of the Oklahoma House of Representatives
Members of the 53rd Oklahoma Legislature
Dear Governor Fallin, Chief Justice Taylor, President Pro Tempore Bingman, Speaker Steele
and Legislators:
I have the privilege of submitting to you the 2010 Annual Report of the Oklahoma Workers’
Compensation Court, prepared in accordance with the provisions and requirements of Title 85
O.S., Section 85. The Court is relying on its Internet website and e-mail capabilities to
disseminate this report in a cost-effective manner. Print copies of the Annual Report have been
deposited with the Oklahoma Publications Clearinghouse.
Respectfully,
Michael Clingman
Court Administrator
Michael J. Harkey
Presiding Judge
C. Kent Eldridge
Judge
*Eric W. Quandt
Vice Presiding Judge
Bob Lake Grove
Judge
Gene Prigmore
Judge
William R. Foster, Jr.
Judge
Cherri Farrar
Judge
*Eric W. Quandt
Judge
John M. McCormick
Judge
*Owen T. Evans
Judge
Michael Clingman
Administrator
STATE OF OKLAHOMA
WORKERS’ COMPENSATION COURT
1915 NORTH STILES AVENUE
OKLAHOMA CITY, OK 73105-4918
(405) 522-8600
June 30, 2011
* Tulsa Court - 210 Kerr State Office Building - 440 South Houston - Tulsa, Oklahoma 74127-(918) 581-2714
STATE OF OKLAHOMA
Workers’ Compensation Court
ANNUAL REPORT
2010
Kent Eldridge
PRESIDING JUDGE
Michael J. Harkey
VICE PRESIDING JUDGE
Marcia Davis
ADMINISTRATOR
Retired eff. June 30, 2010
June 30, 2011
Gene Prigmore
JUDGE
Tom Leonard
JUDGE
Term ended September 10, 2010
Cherri Farrar
JUDGE
Mary A. Black
JUDGE
Term ended September 10, 2010
John Michael McCormick
JUDGE
Bob Lake Grove
JUDGE
William R. Foster, Jr.
JUDGE
Eric W. Quandt
JUDGE
Owen T. Evans
JUDGE
Term began September 15, 2010
David P. Reid
JUDGE
Term began September 15, 2010
The Workers’ Compensation Court of Oklahoma
2010
The Honorable
Owen T. Evans
The Honorable
Bob Lake Grove
The Honorable
C. Kent Eldridge
Presiding Judge
The Honorable
David P. Reid
The Honorable
Cherri Farrar
The Honorable
William R. Foster, Jr.
(front row)
The Honorable
Gene Prigmore
The Honorable
Eric W. Quandt
The Honorable
Michael J. Harkey
Vice Presiding Judge
The Honorable
John M. McCormick
(back row)
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Table of Contents
Introduction.........................................................................................................................................3
General Information...........................................................................................................................5
History, Mission, Organization..............................................................................................................5
Profiles of the Judges ...........................................................................................................................10
Section I - Overview
Table 1: Rate of Claims Filed, Per 100 Employed: 1989 - 2009...................................................19
Table 2: Filings Compared to Employment, by County of Injury..................................................20
Table 3: Filings by Month of Accident ..........................................................................................23
Table 4: Filings by Day of Week of Accident................................................................................23
Table 5: Filings by Average Weekly Wage of Injured Worker......................................................24
Section II - Filings by Part of Body Injured
Table 6: Distribution of Filings by Part of Body Injured ...............................................................27
Section III - Filings by Cause of Injury
Table 7: Rank-Order Distribution of Filings by Cause of Injury and Gender ................................31
Table 8: Filings by Nature of Injury, Cause of Injury and Gender (Detail) ...................................32
Section IV - North American Industry Classification System (NAICS)
Table 9: NAICS Sectors Compared to Non-Farm Employment: 2006 - 2010..............................37
Table 10: Percent Distribution of Filings by Gender and NAICS Sectors .......................................38
Table 11: Percent Distribution of Filings by NAICS Subsectors .....................................................39
Section V - Filings by Gender
Figure 1: Percent Distribution of Filings by Gender .......................................................................45
Section VI - Filings by Age
Table 12: Percent Distribution of Filings by Age and Gender .........................................................49
Table 13: Filings by Age and NAICS Sectors..................................................................................50
Section VII - Death Filings
Table 14: Percent Distribution of Death Filings by Gender and NAICS Sectors ............................53
Table 15: Percent Distribution of Death Filings by Gender and Part of Body Injured ....................54
Table 16: Percent Distribution of Death Filings by Gender and Age...............................................55
Section VIII - Type of Coverage
Chart 1: Distribution of Filings by Type of Coverage: 2006 - 2010..............................................59
Figure 2: Percent Distribution of Filings by Type of Coverage ......................................................60
Section IX - Settlements, Dismissals and Court Orders
Table 17: Select Orders and Settlements: 2006 - 2010.....................................................................63
Table 18: Orders and Settlements, Calendar Year 2010 (Detail) .....................................................64
Table 19: Judicial Activity ...............................................................................................................66
Table 20: Appellate Activity: 2006 - 2010......................................................................................67
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Section X - Maximum Weekly Compensation Rates
Chart 2: Maximum Weekly Compensation Rate Chart ......................................................................71
Section XI - Dockets
Table 23: Hearings Set by Issue or Docket and City of Setting .......................................................75
Section XII - Dispute Prevention
Table 24: Inquiries to Counselor Department by Inquirer................................................................79
Section XIII - Informal Dispute Resolution
Mediation............................................................................................................................................85
Judicial Settlement Conferences ..........................................................................................................85
Prehearing Conferences .......................................................................................................................86
Temporary Issue Docket ......................................................................................................................86
Administrative Review of Disputed Medical Charges ........................................................................86
Section XIV - Departmental Activity ...............................................................................................89
Section XV - Fiscal Year Expenditures............................................................................................95
Section XVI - Legislative Activity ....................................................................................................99
Section XVII - Boards, Committees and Councils ........................................................................105
Section XVIII - Miscellaneous
History of Judicial Appointments ......................................................................................................111
Contact Information..........................................................................................................................122
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Introduction
This report is prepared annually by the Oklahoma Workers' Compensation Court in accordance
with the provisions and requirements of Title 85 O.S., Section 85. It provides injury statistics
and benefit payment, workload and expenditure data.
The information in this report on injuries, illnesses and deaths is derived from documents filed
in 2010 by the employer, worker or the dependents of a deceased worker. Injury characteristics
are from the first report of injury filed by the employer or claimant, and are not necessarily
based on a medical diagnosis. The employer’s first report of injury is used when the matter
before the Court is a compromise settlement (Form 1X) or provider’s claim for compensation
(2/19 claim), and there is no first report of injury filed by the worker or the dependents of a
deceased worker.
Information about the development and use of the North American Classification System
(NAICS) can be found at the web site of the US Census Bureau, http://www.census.gov/epcd/
www/naics.html.
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5
General Information
History
The Oklahoma Legislature enacted the state’s first law governing workers’ compensation more
than nine decades ago in 1915. The law provides a substitute remedy to an employee for
accidental injuries received during covered employment without the burden of proving
negligence. The law is intended to provide injured workers with compensation for disability
and health and rehabilitation benefits as a result of a work-related injury, regardless of who was
at fault. In exchange for liability without fault, employers are provided with exclusive remedy
protection. Exclusive remedy protects employers from liability to injured workers under laws
other than the Workers’ Compensation Act, Title 85, Oklahoma Statutes. The law applies to
almost all types of employment and to both accidental injury and occupational illness.
Until 1959, the responsibility for administering the workers’ compensation law resided with the
State Industrial Commission. In 1959, the Oklahoma Legislature created and transferred
jurisdiction over workers’ compensation to the State Industrial Court. In 1978, the five-judge
State Industrial Court was replaced by a seven-judge Workers’ Compensation Court. The
composition of the Court was expanded to eight judges in 1981, to nine in 1985 and to ten in
1994. In 2010, legislation was enacted providing for a reduction in the number of judges to
eight by attrition resulting from the first two judicial vacancies occurring on or after November
1, 2010. Like its 1959 predecessor, the Court is a court of record responsible for determining
claims for compensation, the liability of employers and insurers, and any rights asserted under
the workers’ compensation laws.
Mission
The mission of the Workers’ Compensation Court is to provide fair and timely procedures for
the informal and formal resolution of disputes and identification of issues involving work-related
injuries. To this end the Court dedicates itself to carry out this responsibility and to
serve the public promptly, courteously and impartially.
Organization
The Court is composed of ten judges who are appointed by the Governor from a list of
nominees submitted by a constitutionally created Judicial Nominating Commission. The list
includes the names of three persons, in addition to that of the incumbent judge, if any. Judges
serve staggered six-year terms. The composition of the Court, appointment process and judicial
terms were affected by legislation enacted in 2010.
Every two years one of the judges is selected by the Governor as the presiding judge. The
presiding judge is charged with overall responsibility for the functioning of the Court. All
judges rotate between the Oklahoma City and Tulsa Court locations for dockets and may hear
cases in other locations as provided by law. Awards of the Court are final and conclusive
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unless appealed to a panel of three Workers' Compensation Court judges unrelated to the case,
or directly to the Supreme Court. An order of the three-judge panel may be appealed to the
Supreme Court.
The chief administrative officer for the Court is an Administrator who, until 2005, was
appointed by the presiding judge from a list submitted by a five-member selection committee.
Thereafter, a vacancy in the position is filled by appointment of the Governor for a six-year
term. The Administrator supervises all offices and departments of the Court and staff,
including administrative staff and support personnel. Specific functions of offices and
departments of the Court are identified below.
The Counselor Department is the Court’s primary public information unit. It supports a toll-free
information line, prepares court publications, develops educational workshops, helps
maintain the Court’s web site, and processes applications to serve as a mediator for the Court’s
mediation system.
The Insurance Department maintains a workers’ compensation proof of insurance database for
the state, and with the Administrator’s supervision, regulates employers which self-insure either
as an individual self-insurer or as part of an approved group association. This department also
regulates third party administrators. Self-insurance activities include reviewing applications for
self-insurance and monitoring the financial status and claims records of self-insured employers.
The Office of the Court Clerk receives court filings, certifies documents, prepares and
transmits records on appeal, accepts appeal bonds, serves as the Court’s records custodian, and
manages the Court’s records retention schedule.
The Form 3 Processing Department processes claims for compensation and orders entered into
by mutual agreement of the parties. Work includes creating court files, data entry, and mailing
information to the parties.
The Docket Office dockets cases, schedules hearings and motions, notifies parties of hearing
dates, and manages specialized dockets designed to resolve certain disputes without the need
for trial.
The Order Processing Department prepares orders at the direction of the judges and processes
them for mailing to the parties.
The Records Department maintains court files, processes the mail, and responds to requests for
records and information.
The Data Processing/Management Information Services Department develops and maintains
the Court’s client/server system, develops computer programs and applications, coordinates
information technology activities with vendors and other state agencies, and assists other court
departments in meeting their goals through the use of technology.
In addition to departmental employees, the Court employs staff attorneys, court reporters,
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administrative personnel and support staff. Staff attorneys assist the judges, monitor legislation
for potential impact on the workers’ compensation system, provide support services to various
workers’ compensation advisory bodies, and handle claims of employees of bankrupt self-insured
employers. Court reporters record and transcribe proceedings as necessary.
Administrative staff are responsible for the business, financial and personnel functions of the
Court. Support staff include receptionists and judicial secretaries who provide clerical
assistance to the judges and other court employees.
In 2010, judicial secretaries and support staff processed 152 physician applications for
participation in the independent medical examiner system, processed 34 applications for
participation in the case manager system, and prepared a total of 1,825 orders appointing
independent medical examiners, medical case managers, and vocational rehabilitation experts
as directed by the Court.
Activities in 2010
The Court instituted new process and procedures during late 2009 and 2010. It began issuing
batch docket notices via e-mail in December, 2009. Individual docket notices via e-mail
followed in June, 2010. Also in June, the Court began issue court fee notices via e-mail.
During 2010, the Legislature passed a requirement that the Court issue notices to workers
reported as injured. The Court began issuing these notices in November, 2010.
Educational Conference
The Court, in cooperation with the Workers’ Compensation Section of the Oklahoma Bar
Association, conducts a biennial Workers’ Compensation Educational Conference. The
program highlights legislative and case law developments and workers’ compensation trends.
Representatives of the medical, legal, insurance, government, business and labor sectors attend
the conference.
Insurance
Workers’ compensation insurance is mandatory in Oklahoma except as otherwise provided by
law. The Court maintains a Workers’ Compensation Insurance Coverage Verification System
on its website to allow the public verify insurance coverage information on employers that have
purchased a workers’ compensation insurance policy. This information comes from policy
information reported to the National Conference on Compensation Insurance (NCCI). Searches
may be conducted by going to http://www.owcc.state.ok.us/ncci_coverage.htm. During
calendar year 2010, 10,264 persons connected to the link and performed 43,452 coverage
searches.
Medical
The Physician Advisory Committee is an advisory body to the Workers’ Compensation Court.
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The Committee recommends guidelines for treatment. The Court Administrator considers and
approves guidelines as provided by law. The objective of the treatment guidelines is to provide
standards for prompt, reasonable and appropriate treatment for workplace injuries and to
expedite optimum recovery and return to work, while containing medical costs in the workers’
compensation system. The guidelines are available on the Court’s website at http://
www.owcc.state.ok.us/guidelines.htm.
A new workers’ compensation medical and hospital fee schedule was adopted by the Court
Administrator in December 2009 and became effective January 1, 2010. The schedule sets
maximum dollar limits in amounts that health care providers can be reimbursed for specified
services. It is designed to establish a reasonable and equitable value for a service and limit
reimbursement to that level to prevent inflated pricing for treatment of injured workers.
Multiple Injury Trust Fund Assessment
85 O.S., Section 173, requires the state Insurance Commissioner, Board of Managers of
CompSource Oklahoma, self-insured employers and self-insured employer groups to submit
data to the Court Administrator annually by April 15. The Administrator uses the data to
determine an annual assessement rate for payment to the Multiple Injury Trust Fund and other
state entities as the section requires. For the year beginning July 1, 2010, through June 30,
2011, the rate remained at the same level as the previous year at 2.59% of gross direct written
premium or actual paid losses. The Court provided notice of the rate to payors in advance of
the May 1 deadline as the section requires.
In addition to the specific activities listed above for calendar year 2010, the Court continues to
perform other duties on a regular basis as noted above in the “Organization” section. The
activities of the Court in CY 2010 are described in greater detail in the following pages of this
Annual Report, together with basic statistics regarding filings made in CY 2010.
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Profiles of the Judges
Judges serving on the Court in 2010 were: The Honorable Kent Eldridge, The Honorable
Michael J. Harkey, The Honorable Gene Prigmore, The Honorable Tom Leonard, The
Honorable Cherri Farrar, The Honorable Mary A. Black, The Honorable John Michael
McCormick, The Honorable Bob Lake Grove, The Honorable William R. Foster, Jr., The
Honorable Eric W. Quandt, The Honorable Owen T. Evans and The Honorable David P. Reid.
Each Judge hears matters involving workers' compensation disputes, records case dispositions
and issues final orders based upon the evidence presented. Judges also approve settlements
negotiated between the parties; conduct prehearing conferences and judicial settlement
conferences; appoint Independent Medical Examiners (IMEs), medical case managers,
vocational rehabilitation evaluators and mediators; oversee the IME, case manager, and court
mediation systems; review medical progress reports; participate weekly on three-judge appeal
panels; and participate in educational seminars, including periodic conferences sponsored by
the Court.
During 2010, 27,426 cases were scheduled for trial, and 43,446 prehearing conferences were
docketed. In addition, 2,689 cases involving medical treatment and/or temporary disability
were set on temporary issue dockets to promote informal resolution before trial or determine the
status of the case for scheduling purposes. During this period, 1,299 cases were set before the
court en banc. Judges issued 28,295 orders and approved 8,982 settlements.
Judges
The Honorable Kent Eldridge
Judge Eldridge earned his B.A. in Political Science from the University of Oklahoma.
Following graduation from the University of Oklahoma School of Law (1976) he served as a
Public Defender. He then became a solo practitioner in 1981 and maintained a trial practice of
criminal and civil litigation in state and Federal courts and administrative tribunals, including
many jury and non-jury trials.
Professional affiliations include the Oklahoma Bar Association, Oklahoma County Bar
Association, and Ruth Bader Ginsburg Inn of Court (Master). Judge Eldridge has spoken at
many law seminars, and while in private practice served as an expert witness on numerous
occasions.
Judge Eldridge is an active member of St. Paul’s Episcopal Cathedral and is serving on the
Vestry. He also serves on the Board of the Oakerhater Episcopal Center home to the Whirlwind
Mission in Watonga, Oklahoma. Judge Eldridge served as an Assistant Scoutmaster,
Westminster Presbyterian Church Troop 4, Oklahoma City, 1996-2005. His marriage to Lea
Crawford Eldridge and his children Julie, Jim and Jackson are his greatest accomplishments.
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Governor Brad Henry appointed Judge Eldridge to the Workers’ Compensation Court in July
2006. In May 2009, Governor Brad Henry appointed Judge Eldridge as Presiding Judge of the
Workers’ Compensation Court, effective May 22, 2009.
The Honorable Michael J. Harkey
Judge Harkey graduated from The University of Oklahoma in 1973 and received his Juris
Doctorate from the Oklahoma City University School of Law in 1976.
He is a member of the Oklahoma State and County Bar Associations. Prior to his appointment
to the Workers’ Compensation Court, Judge Harkey was in the private practice of law. In
January 2011, Governor Brad Henry appointed Judge Harkey as Presiding Judge of the
Workers’ Compensation Court.
The Honorable Gene Prigmore
Judge Prigmore was born in Freedom, Oklahoma, attended public school in Alva, and in 1966,
graduated with a Bachelor of Arts degree from Northwestern State College in Alva. Judge
Prigmore then served two years in the U.S. Army, 24th Infantry Division, 1966-68. After
completing his military service he spent the next ten years teaching, counseling and coaching in
various Kansas and Oklahoma public school systems including Head Football and Track Coach
at Capitol Hill High School. He earned a Masters Degree in Counseling from Central State
University in 1973. In 1978 he began his legal education and received his Juris Doctorate from
the University of Oklahoma College of Law in 1980.
Judge Prigmore served on the Oklahoma City Board of Education from 1986 to 1989. He
served as an Adjunct Professor in the Paralegal Program at Rose State College in 1989 - 1990.
Judge Prigmore has been a member of the Oklahoma Bar Association since 1980 and the
Oklahoma County Bar Association since 2001.
Judge Prigmore was in private practice with an emphasis in sports and workers' compensation
law until 1992, when he became General Counsel for the Oklahoma Special Indemnity Fund
(now known as the Multiple Injury Trust Fund).
In November 1998, Judge Prigmore was appointed to the Oklahoma Workers’ Compensation
Court by Governor Frank Keating to complete an unexpired term. In July 2000, he was
reappointed by Governor Frank Keating for a six-year term. In December 2004, Governor Brad
Henry appointed Judge Prigmore for a two-year term as Presiding Judge of the Workers’
Compensation Court, effective January 1, 2005. In July 2006, Judge Prigmore was appointed
by Governor Brad Henry for an additional six-year term.
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The Honorable Cherri Farrar
Cherri Farrar was originally appointed as a judge of the Workers’ Compensation Court by the
Honorable Frank Keating in June 2000. In July 2006, Judge Farrar was reappointed for another
six-year term. Prior to her appointment to the Court, Judge Farrar was in private practice.
Judge Farrar received her Juris Doctorate from the University of Oklahoma, College of Law in
1986. She is the recipient of certifications from the National Institute of Trial Advocacy and
the National Association of Criminal Defense Lawyers for studies in advanced trial techniques.
She received a Bachelor of Arts degree in Political Science from Central State University in
1982.
Judge Farrar is a Master of the Bench of the William J. Holloway, Jr., American Inn of Court
(currently inactive), and is a member of the Oklahoma Bar Association and Oklahoma County
Bar Association.
The Honorable Tom Leonard
Judge Leonard received a Bachelor of Science degree in mathematics and computer science
from Oklahoma State University in 1970. He received his Juris Doctorate from the University
of Oklahoma in 1972.
He served six years as mayor of Ponca City, Oklahoma. In 2001 he was selected as the Mayor
of the Year by the Oklahoma Municipal League. Prior to his appointment by Governor Brad
Henry to the Workers’ Compensation Court, Judge Leonard was in private practice.
Judge Leonard is the site administrator of a collection of statutes, cases and materials entitled,
Oklahoma Workers’ Compensation, www.workerscompensationok.com. It is a useful resource
for attorneys, adjusters and medical providers.
He also authors a weblog of current issues, cases and his observations on workers’
compensation, Judge Tom Talks, www.judgetom.blogspot.com.
The Honorable Mary A. Black
Judge Black received a Bachelor of Science from the University of Oklahoma in 1977. She
received her Juris Doctorate from Oklahoma City University in 1981. Judge Black has
attended the National Judicial College, and attended Harvard University.
She is a member of the Oklahoma Bar Association, Oklahoma Indian Bar Association,
Pottawatomie County Bar Association and Lawyer-Pilot Bar Association. She served two
terms on the Board of Trustees for the Oklahoma Bar Association, and as a board member for
Legal Aid of Western Oklahoma. Additionally, she has served as chair of the OBA Indian Law
Section. In conjunction with Virginia Henson, Judge Black wrote the Deprived Juvenile Law
Benchbook.
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Immediately prior to her appointment to the Workers’ Compensation Court, Judge Black was
the Special District Judge for the 23rd Judicial District sitting in Pottawatomie County. Prior to
her position as a Special District Judge she served on the Workers’ Compensation Court from
1994-1996, and was in private practice in Shawnee, Oklahoma during the intervening years
between judicial appointments. She has served as a tribal judge for many tribes, including the
Absentee Shawnee Tribe and Sac & Fox Nation.
In July 2004, Judge Black was appointed by Governor Brad Henry to serve a six-year term on
the Workers’ Compensation Court. In February 2007, Governor Brad Henry appointed Judge
Black for a two-year term as Presiding Judge of the Workers’ Compensation Court, effective
February 5, 2007. She served as Presiding Judge through May 21, 2009.
The Honorable John Michael McCormick
John McCormick was born in Oklahoma City in 1947. He attended old Central High School in
downtown Oklahoma City and graduated in 1966. Judge McCormick served 3 years active
military duty in the U. S. Army from February 1967 to February 1970; he served one tour of
duty in Vietnam from August 1967 to September 1968, and was later a member of the U.S.
Army Judge Advocate General Corps. Judge McCormick received his Bachelor of Arts from
the University of Oklahoma in 1974, and his Juris Doctorate from Oklahoma City University
Law School in 1978.
Judge McCormick served the State of Oklahoma as an Assistant Attorney General under
Attorney General W.A. Drew Edmondson from 1997 until his appointment to the bench in
2006. His prior law practice includes service as Deputy General Counsel of the Oklahoma City
Public Schools, and Deputy General Counsel for the Department of Human Services.
Judge McCormick also has pubic service as an elected official. In 1985 he was elected to a
four-year term to the Metro Tech School Board, Vocational District 22, Seat 2. Before joining
the Workers’ Compensation Court, Judge McCormick served as adjunct professor for 18 years
at Rose State College and Oklahoma City Community College.
The Honorable Bob Lake Grove
Born in Poteau, Oklahoma in the far eastern segment of our state, Bob Lake Grove was raised
and educated 9 miles therefrom in Panama, Oklahoma. His father, Lake Grove, was a
businessman and his mother, Helen, a classroom teacher for over 40 years.
After graduation from high school, he attended the University of Oklahoma, graduating with a
BA, and the University of Oklahoma School of Law, graduating with a JD. He was active in
student government and served both in the Student Senate and as Chairman of the University
Judicial Board.
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In his first position as an attorney, he handled almost exclusively workers’ compensation
litigation. Following, he served as Assistant District Attorney of Oklahoma County for nearly
five years as a felony trial prosecutor. During this time he also instructed at the Oklahoma City
Police Academy and acted as a spokesman for the District Attorney for the release of
prosecution information.
Following his tenure as a prosecutor, he was engaged exclusively in litigation in the fields of
criminal defense, matrimonial law, child custody, business litigation, probate contests and
workers' compensation. His representation included appearances and trials in federal, state and
municipal courts throughout the state as well as arguments before the Supreme Court and Court
of Criminal Appeals in Oklahoma. In addition, he has spoken at many law seminars and for
various civic groups, and while in private practice, made public appearances and participated in
television productions and radio shows.
In 2007, he accepted a position of trial counsel for CompSource Oklahoma. Thereafter,
Governor Brad Henry appointed him to a six-year term to the Worker's Compensation Court
commencing in 2008.
The Honorable William R. Foster, Jr.
Judge Foster graduated from Arkansas State University in 1989 with a Bachelor of Arts in
Political Science. In 1992, Judge Foster received his Juris Doctorate from the University of
Arkansas. Upon graduation from law school Judge Foster entered private practice in Nashville,
Tennessee with the law office of Lionel R. Barrett.
Judge Foster is currently admitted to practice law in Oklahoma, Tennessee and Pennsylvania
(currently inactive). From 1993 to 1999 he worked as an attorney for the Oklahoma Indigent
Defense System. Following this, and prior to his appointment as a judge to the Workers’
Compensation Court, Judge Foster clerked part time for the Honorable Charles S. Chapel, from
April, 1999 to August, 2008, former judge of the Oklahoma Court of Criminal Appeals.
The Honorable Judge Eric W. Quandt
Judge Quandt received his Bachelor of Arts degree from the University of Wisconsin, Madison
in 1985. In 1988 he received his Juris Doctorate from the University of Tulsa College of Law.
He is a member of the Oklahoma Bar Association and the Tulsa County Bar Association. Prior
to his appointment to the Court, he was in private practice for 20 years, 17 years as a sole
practitioner.
In July 2008, Judge Quandt was appointed to the Workers’ Compensation Court by Governor
Brad Henry.
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The Honorable David P. Reid
Judge Reid is originally from Tulsa, Oklahoma, and attended high school in Broken Arrow,
Oklahoma. He obtained a Bachelor of Arts degree in Business Administration from Dallas
Baptist University in 1976, where he majored in accounting. Judge Reid received his Juris
Doctorate from the University of Oklahoma, College of Law in 1979, and served on the Law
Review and was selected for the Order of the Coif.
Judge Reid was a Judicial Legal Intern for the Oklahoma Supreme Court while in law school
and subsequently served as a law clerk for the United States Bankruptcy Court, Eastern District
of Oklahoma. In addition he also served as a Workers’ Compensation Court certified mediator.
Judge Reid was in the private practice of law for 30 years in Tulsa and Okmulgee, Oklahoma.
During the first 13 years of practice he represented both individuals and employers. During the
remaining 17 years, his representation before the Workers’ Compensation Court was focused
primarily on the representation of employers.
Judge Reid has been admitted to practice before the United States Court of Appeals, Tenth
Circuit Court in Denver, Colorado, as well as the United States District Courts for the Northern
and Eastern Districts of Oklahoma.
Judge Reid resides in Tulsa, Oklahoma, where his wife Charlene teaches school and his son
Brett attends college. He was appointed by Governor Brad Henry to the Workers’
Compensation Court on September 10, 2010, having been sworn into office on September 15,
2010.
The Honorable Owen T. Evans
Owen T. Evans was born in DuBuque, Iowa, in 1957. Judge Evans was raised in Bradford,
Pennsylvania, and in 1979 received a Bachelor of Science degree from Syracuse University.
Judge Evans and his wife Lori moved to Tulsa, Oklahoma in 1982. He received his Juris
Doctorate from the University of Tulsa, College of Law in 1985.
Judge Evans practiced Workers' Compensation defense law for twenty years before being
appointed to the bench by Governor Brad Henry in September, 2010.
Judge Evans and Lori are members and Elders of John Knox Presbyterian Church in Tulsa,
Oklahoma. They have two adult children, Bryn Robert of Fort Collins, Colorado, and Megan
Kathryn of Tulsa, Oklahoma.
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Section I - Overview
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19
1 Reflects the number of Form 2 (Employer’s First Notice of Injury) filings made by an employer when there is a work-related
injury which results in the loss of time beyond the shift or which requires medical attention away from the work site, fatal or
otherwise, received by the employer’s employees. Form 2s filed with the Court are confidential and not subject to public
disclosure except as authorized by law.
2 Beginning in 2005, reflects claims for compensation filed by a worker (Form 3, 3A, 3B). Death filings are included in the
count. Prior to 2005, claimant filings also included claims for compensation filed by a medical or rehabilitation provider
(2/19 claims) when there is a notice of injury filed by the employer (Form 2) but no claim for compensation filed by the
worker (Form 3, 3A, 3B). Separate counting of 2/19 claims began in 1990. 2/19 claims data for 1990 through 2009 follows:
1990=1; 1991=2; 1992=1; 1993=12; 1994=22; 1995=45; 1996=96; 1997=51; 1998=27; 1999=38; 2000=33; 2001=88;
2002=151; 2003=172; 2004=196; 2005=61; 2006=58; 2007=79; 2008=56 and 2009=73.
3 State Employment Data is provided by the Oklahoma Employment Security Commission, Labor Market Information Unit,
reporting Statewide Non-farm Payroll. Federal Government employees have been excluded since 1993.
4 Represents the number of injuries and illnesses per 100 workers, calculated as (C/EL x 100) where C = number of injuries
and illnesses reflected by claimant filings and EL = state employment level.
Year Employer’s First Notice of
Injury (Form 2) Filings1
Claimant
Filings2
State Employment
Levels3
Rate of Claims Filed
Per 100 Workers4
1989 97,912 20,311 1,163,800 1.75
1990 122,988 23,530 1,195,922 1.97
1991 94,195 24,654 1,211,000 2.04
1992 84,259 24,748 1,221,700 2.03
1993 84,757 25,863 1,199,600 2.15
1994 92,594 27,959 1,234,400 2.26
1995 100,363 25,817 1,272,500 2.03
1996 92,937 24,167 1,309,700 1.84
1997 88,892 21,959 1,347,800 1.63
1998 84,756 20,832 1,396,300 1.49
1999 83,289 19,999 1,416,500 1.41
2000 82,920 19,086 1,437,000 1.33
2001 75,462 19,553 1,463,200 1.34
2002 67,190 18,474 1,434,905 1.28
2003 61,452 17,390 1,405,900 1.24
2004 58,065 16,933 1,424,300 1.19
2005 55,844 15,670 1,464,500 1.07
2006 54,237 14,853 1,507,100 0.99
2007 51,197 14,888 1,521,100 0.97
2008 52,477 15,364 1,550,300 0.99
2009 51,715 15,764 1,492,100 1.06
2010 50,054 14,779 1,475,700 1.00
Table 1
Rate of Claims Filed Per 100 Employed: 1989 - 2010
20
County Average
Annual
Employment1
Percent of
Employment
All Filings Percent of
Employment
Making Filing3
Number of
Death Filings4
Count2 Percent
Adair 10,272 0.62% 30 0.20% 0.29% 0
Alfalfa 2,355 0.14% 12 0.08% 0.51% 0
Atoka 5,786 0.35% 35 0.24% 0.60% 1
Beaver 3,165 0.19% 21 0.14% 0.66% 1
Beckham 11,186 0.68% 74 0.50% 0.66% 3
Blaine 4,613 0.28% 33 0.22% 0.72% 1
Bryan 19,624 1.19% 116 0.78% 0.59% 0
Caddo 12,107 0.74% 72 0.49% 0.59% 0
Canadian 49,749 3.02% 196 1.33% 0.39% 5
Carter 25,577 1.55% 372 2.52% 1.45% 0
Cherokee 24,106 1.47% 71 0.48% 0.29% 0
Choctaw 6,859 0.42% 28 0.19% 0.41% 0
Cimarron 1,221 0.07% 5 0.03% 0.41% 0
Cleveland 113,763 6.92% 537 3.63% 0.47% 1
Coal 2,423 0.15% 15 0.10% 0.62% 0
Comanche 45,911 2.79% 464 3.14% 1.01% 3
Cotton 3,491 0.21% 23 0.16% 0.66% 0
Craig 7,124 0.43% 69 0.47% 0.97% 0
Creek 28,575 1.74% 133 0.90% 0.47% 3
Custer 14,661 0.89% 114 0.77% 0.78% 0
Delaware 18,421 1.12% 78 0.53% 0.42% 0
Dewey 2,619 0.16% 24 0.16% 0.92% 0
Ellis 2,289 1.14% 10 0.07% 0.44% 0
Garfield 30,793 1.87% 259 1.75% 0.84% 1
Grady 21,699 1.32% 132 0.89% 0.61% 2
Grant 2,562 0.16% 13 0.09% 0.51% 0
Garvin 14,020 0.85% 138 0.93% 0.98% 1
Table 2
Filings Compared to Employment by County of Injury
2010
21
County Average
Annual
Employment1
Percent of
Employment
All Filings Percent of
Employment
Making Filing3
Number of
Death Filings4
Count2 Percent
Greer 1,894 0.12% 13 0.09% 0.69% 0
Harmon 1,290 0.08% 3 0.02% 0.23% 0
Harper 1,938 0.12% 13 0.09% 0.67% 0
Haskell 5,717 0.35% 25 0.17% 0.44% 0
Hughes 5,281 0.32% 36 0.24% 0.68% 0
Jackson 11,681 0.71% 64 0.43% 0.55% 1
Jefferson 2,286 0.14% 12 0.08% 0.52% 0
Johnston 4,718 0.29% 30 0.20% 0.64% 0
Kay 21,363 1.30% 255 1.73% 1.19% 2
Kingfisher 7,288 0.44% 54 0.37% 0.74% 1
Kiowa 3,856 0.23% 23 0.16% 0.60% 2
Latimer 3,894 0.24% 41 0.28% 1.05% 1
LeFlore 18,629 1.13% 77 0.52% 0.41% 1
Lincoln 13,105 0.80% 72 0.49% 0.55% 0
Logan 16,905 1.03% 72 0.49% 0.43% 2
Love 5,087 0.31% 24 0.16% 0.47% 0
McClain 14,245 0.87% 85 0.58% 0.60% 0
McCurtain 13,450 0.82% 245 1.66% 1.82% 1
McIntosh 8,195 0.50% 37 0.25% 0.45% 2
Major 4,087 0.25% 24 0.16% 0.59% 2
Marshall 5,975 0.36% 37 0.25% 0.62% 0
Mayes 16,865 1.03% 141 0.95% 0.84% 0
Murray 8,827 0.54% 68 0.46% 0.77% 0
Muskogee 28,848 1.75% 254 1.72% 0.88% 2
Noble 5,354 0.33% 60 0.41% 1.12% 1
Nowata 4,676 0.28% 18 0.12% 0.38% 0
Okfuskee 4,365 0.27% 20 0.14% 0.46% 0
Oklahoma 307,493 18.69% 3,358 22.72% 1.09% 15
Okmulgee 14,447 0.88% 125 0.85% 0.87% 4
Table 2 (continued)
22
County Average
Annual
Employment1
Percent of
Employment
All Filings Percent of
Employment
Making Filing3
Number of
Death Filings4
Count2 Percent
Pawnee 6,663 0.41% 30 0.20% 0.45% 0
Payne 32,737 1.99% 272 1.84% 0.83% 0
Pittsburg 22,303 1.36% 166 1.12% 0.74% 1
Pontotoc 19,489 1.18% 136 0.92% 0.70% 1
Pottawatomie 31,936 1.94% 226 1.53% 0.71% 0
Pushmataha 5,035 0.31% 29 0.20% 0.58% 1
Roger Mills 1,817 0.11% 15 0.10% 0.83% 0
Rogers 37,153 2.26% 208 1.41% 0.56% 3
Seminole 10,246 0.62% 92 0.62% 0.90% 1
Sequoyah 15,700 0.95% 61 0.41% 0.39% 1
Stephens 20,309 1.23% 156 1.06% 0.77% 1
Texas 6,633 0.40% 99 0.67% 1.49% 2
Tillman 3,251 0.20% 34 0.23% 1.05% 0
Tulsa 270,941 16.47% 3,259 22.05% 1.20% 16
Wagoner 30,693 1.87% 80 0.54% 0.26% 0
Washington 26,386 1.60% 137 0.93% 0.52% 1
Washita 5,875 0.36% 32 0.22% 0.54% 0
Woods 4,344 0.26% 41 0.28% 0.94% 1
Woodward 10,646 0.65% 74 0.50% 0.70% 2
Out of State5 380 2.57% 8
TOTALS7 1,644,918 100% 14,779 100% 106
Other6 732 4.95% 3
Ottawa 17,650 1.07% 87 0.59% 0.49% 1
Osage 18,389 1.12% 73 0.49% 0.40% 1
1 Source: Oklahoma Employment Security Commission Economic Research and Analysis Division, LAUS Labor
Force Data. Includes agricultural and federal employment.
2 Death filings are included in the count of all filings.
3 Represents the percentage of filings made per county of injury, calculated as C/EL where C = count of all filings
for the county and EL = county employment level.
4 Subset of all filings.
5 “Out of state” includes injuries, illnesses and deaths occurring out of state or overseas.
6 “Other” includes place unknown and missing data.
7 Percentage totals may differ due to rounding.
Table 2 (continued)
23
Table 3
Filings by Month of Accident
2010
Table 4
Filings by Day of Week of Accident
2010
Month All Filings1 % of Filings Death Filings
January 1,211 8.2% 9
February 1,116 7.6% 8
March 1,314 8.9% 2
April 1,210 8.2% 4
May 1,259 8.5% 7
June 1,320 8.9% 16
July 1,216 8.2% 14
August 1,225 8.3% 9
September 1,269 8.6% 10
October 1,450 9.8% 10
November 1,046 7.1% 6
December 1,143 7.7% 11
TOTALS2 14.779 100% 106
1 Death filings are included in the count of all filings.
2 Percentage totals may differ due to rounding.
Day of Week All Filings1 % of Filings Death Filings
Monday 2,674 18.1% 17
Tuesday 2,489 16.8% 14
Wednesday 2,438 16.5% 30
Thursday 2,423 16.4% 19
Friday 2,290 15.5% 14
Saturday 1,399 9.50% 10
Sunday 1,066 7.2% 2
TOTALS2 14,779 100% 106
1 Death filings are included in the count of all filings.
2 Percentage totals may differ due to rounding.
24
Table 5
Filings by Average Weekly Wage of Injured Worker
2010
Amount of
Weekly Wages All Filings1 Percent Death Filings
Under $150 93 0.6% 0
$150 - $199 115 0.8% 0
$200 - $249 238 1.6% 2
$250 - $299 427 2.9% 4
$300 - $349 776 5.3% 2
$350 - $399 788 5.3% 2
$400 - $449 943 6.4% 1
$450 - $499 763 5.2% 7
$500 - $549 891 6.0% 2
$550 - $599 613 4.1% 8
$600 - $649 749 5.1% 2
$650 - $699 487 3.3% 4
$700 - $749 523 3.5% 8
$750 - $799 404 2.7% 3
$800 - $849 448 3.0% 5
$850 - $899 266 1.8% 3
$900 - $949 267 1.8% 3
$950 - $999 192 1.3% 2
$1,000 - $1,999 1,272 8.6% 8
$2,000 - $2,999 48 0.3% 1
$3,000 - $3,999 3 0.0% 0
$4,000 - $4,999 0 0.0% 0
$5,000 or more 1 0.0% 0
Unknown 4,472 30.3% 39
TOTALS2 14,779 100% 106
1 Death filings are included in the count of all filings.
2 Percentage totals may differ due to rounding.
25
Section II - Filings by Part of Body Injured
26
27
Table 6
Distribution of Filings by Part of Body Injured
2010
Body Part Count1 Percent Death Filings
Abdomen 94 0.6% 1
Ankle(s) 274 1.9% 1
Arm(s) 592 4.0% 1
Back 3,053 20.7% 8
Body Systems 43 0.3% 6
Brain 10 0.1% 1
Chest 74 0.5% 3
Circulatory System 58 0.4% 12
Digestive System 2 0.0% 0
Ear, inner 278 1.9% 0
Ear, outer 6 0.0% 0
Ear, unspecified 1 0.0% 0
Elbow(s) 204 1.4% 0
Excretory System 5 0.0% 0
Eye(s) 119 0.8% 0
Face 76 0.5% 1
Feet 602 4.1% 1
Finger(s) 534 3.6% 0
Forearm 21 0.1% 0
Hand(s) 1,661 11.2% 0
Head 477 3.2% 15
Hip(s) 276 1.9% 3
Jaw 9 0.1% 0
Knee(s) 1,629 11.0% 0
Leg(s) 639 4.3% 1
Lower Body 10 0.1% 0
Mouth 23 0.2% 0
Multiple Parts 44 0.3% 24
Muscular/Skeletal System 7 0.0% 0
Neck 1,082 7.3% 2
Nervous System 17 0.1% 3
Nose 23 0.2% 0
Other Systems 0 0.0% 0
Respiratory System 257 1.7% 12
Scalp 2 0.0% 0
Shoulder(s) 2,077 14.1% 1
Side 14 0.1% 0
Skull 6 0.0% 2
Thigh(s) 8 0.1% 0
Toe(s) 16 0.1% 0
Trunk 4 0.0% 1
Upper Extremities 12 0.1% 0
Wrist(s) 419 2.8% 0
Nonclassifiable 8 0.1% 2
Unspecified 13 0.1% 5
TOTALS2 14,779 100% 106
1 Death filings are included in the count of all filings.
2 Percentage totals may differ due to rounding.
28
29
Section III - Filings by Cause of Injury
30
31
Table 7
Rank-Order Distribution of Filings by Nature of Injury and Gender
2010
Gender2
All Filings1 Male Female
Injury Cause Count Percent3 Count Percent4 Count Percent5
Fall, Slip Or Trip Injury 3,766 25.5% 2,138 22.6% 1,628 30.7%
Repetitive Motion 2,381 16.1% 1,277 13.5% 1,104 20.8%
Strain Or Injury By 1,613 10.9% 1,133 12.0% 480 9.0%
Cut, Puncture, Scrape 1,565 10.6% 995 10.5% 570 10.7%
Miscellaneous Not Otherwise
Classified 1,475 10.0% 1,097 11.6% 378 7.1%
Struck Or Injured By 1,374 9.3% 933 9.9% 441 8.3%
Caught In, Under or Between 1,340 9.1% 971 10.3% 369 6.9%
Motor Vehicle 615 4.2% 437 4.6% 178 3.4%
Burn or Scald - Heat Or
Cold Exposures 366 2.5% 279 2.9% 87 1.6%
Striking Against Or Stepping On 284 1.9% 208 2.2% 76 1.4%
TOTALS6 14,779 100% 9,468 100% 5.311 100%
1 Death filings are included in the count of all filings.
2 There were no (0) filings which did not indicate the gender of the injured worker.
3 Represents the percentage of total filings by injury cause.
4 Represents the percentage of male gender filings by injury cause.
5 Represents the percentage of female gender filings by injury cause.
6 Percentage totals may differ due to rounding.
32
Table 8
Filings by Nature of Injury, Cause of Injury and Gender (Detail)
2010
Gender2
All Filings1 Male Female
Injury Cause Count Percent3 Count Percent4 Count Percent5
BURN OR SCALD—HEAT OR COLD
EXPOSURES 366 2.5% 279 2.9% 87 1.6%
Chemicals 99 0.7% 76 0.8% 23 0.4%
Contact, Hot Object or Substances 93 0.6% 61 0.6% 32 0.6%
Cold Objects or Substances 0 0.0% 0 0.0% 0 0.0%
Temperature Extremes 35 0.2% 31 0.3% 4 0.1%
Fire or Flame 10 0.1% 8 0.1% 2 0.0%
Steam or Hot Fluids 0 0.0% 0 0.0% 0 0.0%
Dust, Gases, Fumes 72 0.5% 52 0.5% 20 0.4%
Welding Operations 18 0.1% 17 0.2% 1 0.0%
Radiation 0 0.0% 0 0.0% 0 0.0%
Abnormal Air Pressure 0 0.0% 0 0.0% 0 0.0%
Electrical Current 32 0.2% 29 0.3% 3 0.1%
Contact With NOC 7 0.0% 5 0.1% 2 0.0%
CAUGHT IN, UNDER OR BETWEEN 1,340 9.1% 971 10.3% 369 6.9%
Machinery 65 0.4% 55 0.6% 10 0.2%
Object Handled 760 5.1% 499 5.3% 261 4.9%
Collapsing Materials 6 0.0% 5 0.1% 1 0.0%
Caught In/Between NOC 509 3.4% 412 4.4% 97 1.8%
CUT, PUNCTURE, SCRAPE 1,565 10.6% 995 10.5% 570 10.7%
Cut/Scrape by Broken Glass 9 0.1% 8 0.1% 1 0.0%
Hand Tool, Not Powered 78 0.5% 66 0.7% 12 0.2%
Object Being Lifted or Handled 1,436 9.7% 886 9.4% 550 10.4%
Powered Hand Tool 9 0.1% 7 0.1% 2 0.0%
Cut/Puncture/Scrape NOC 33 0.2% 28 0.3% 5 0.1%
FALL, SLIP OR TRIP INJURY 3,766 25.5% 2,138 22.6% 1,628 30.7%
Fall/Slip—Different Level 677 4.6% 522 5.5% 155 2.9%
Fall/Slip—From Ladder, Scaffold 365 2.5% 303 3.2% 62 1.2%
Fall/Slip—From Liquid
Grease spills 347 2.3% 114 1.2% 233 4.4%
Fall/Slip—Into Opening 137 0.9% 96 1.0% 41 0.8%
Fall/Slip—On Same Level 0 0.0% 0 0.0% 0 0.0%
Slipped, Did Not Fall 6 0.0% 3 0.0% 3 0.1%
Fall/Slip—On Ice or Snow 347 2.3% 200 2.1% 147 2.8%
Fall/Slip—On Stairs 223 1.5% 122 1.3% 101 1.9%
Fall/Slip/Trip NOC 1,664 11.3% 778 8.2% 886 16.7%
33
Table 8 (continued)
Filings by Nature of Injury, Cause of Injury and Gender (Detail)
2010
Gender2
All Filings1 Male Female
Injury Cause Count Percent3 Count Percent4 Count Percent5
MOTOR VEHICLE 615 4.2% 437 4.6% 178 3.4%
Crash of Water Vehicle 0 0.0% 0 0.0% 0 0.0%
Crash of Rail Vehicle 4 0.0% 4 0.0% 0 0.0%
Motor Vehicle/Collision 531 3.6% 360 3.8% 171 3.2%
Fixed Object/Collision 1 0.0% 1 0.0% 0 0.0%
Airplane Crash 2 0.0% 1 0.0% 1 0.0%
Vehicle Upset 76 0.5% 70 0.7% 6 0.1%
Motor Vehicle NOC 1 0.0% 1 0.0% 0 0.0%
STRAIN OR INJURY BY 1,613 10.9% 1,133 12.0% 480 9.0%
Continual Noise 275 1.9% 260 2.7% 15 0.3%
Twisting 231 1.6% 156 1.6% 75 1.4%
Jumping 46 0.3% 43 0.5% 3 0.1%
Holding or Carrying 1 0.0% 1 0.0% 0 0.0%
Lifting 513 3.5% 309 3.3% 204 3.8%
Pushing or Pulling 496 3.4% 334 3.5% 162 3.1%
Reaching 41 0.3% 22 0.2% 19 0.4%
Using Tool or Machine 7 0.0% 5 0.1% 2 0.0%
Wielding/Throwing 1 0.0% 1 0.0% 0 0.0%
Repetitive Motion 0 0.0% 0 0.0% 0 0.0%
Strain/Injury NOC 2 0.0% 2 0.0% 0 0.0%
STRIKING AGAINST OR
STEPPING ON 284 1.9% 208 2.2% 76 1.4%
Striking/Stepping on Moving Parts 4 0.0% 2 0.0% 2 0.0%
Lifted/Handled Object 15 0.1% 10 0.1% 5 0.1%
Sand, Scrape, Clean OPR 0 0.0% 0 0.0% 0 0.0%
Stationary Object 0 0.0% 0 0.0% 0 0.0%
Step on Sharp Object 4 0.0%3 3 0.0% 1 0.0%
Strike Against/Step on NOC 261 1.8% 193 2.0% 68 1.3%
STRUCK OR INJURED BY 1,374 9.3% 933 9.9% 441 8.3%
Person (Not in Act of Crime) 183 1.2% 43 0.5% 140 2.6%
Struck/Injured by Falling Object 411 2.8% 294 3.1% 117 2.2%
Hand Tool/Machine In Use 75 0.5% 71 0.7% 4 0.1%
Motor Vehicle 110 0.7% 92 1.0% 18 0.3%
Machine Moving Parts 23 0.2% 20 0.2% 3 0.1%
Lifted or Handled Obj 119 0.8% 72 0.8% 47 0.9%
Object Handled by Others 16 0.1% 13 0.1% 3 0.1%
Animal or Insect 82 0.6% 55 0.6% 27 0.5%
Explosion/Flare Back 49 0.3% 43 0.5% 6 0.1%
Struck/Injured by NOC 306 2.1% 230 2.4% 76 1.4%
34
Table 8 (continued)
Filings by Nature of Injury, Cause of Injury and Gender (Detail)
2010
Gender2
All Filings1 Male Female
Injury Cause Count Percent3 Count Percent4 Count Percent5
REPETITIVE MOTION 2,381 16.1% 1,277 13.5% 1,104 20.8%
MISCELLANEOUS CAUSES 1,475 10.0% 1,097 11.6% 378 7.1%
Absorption/Ingestion/Inhalation NOC 84 0.6% 68 0.7% 16 0.3%
Foreign Body in Eye 54 0.4% 53 0.6% 1 0.0%
Person (Criminal Act) 125 0.8% 93 1.0% 32 0.6%
Other than Physical 0 0.0% 0 0.0% 0 0.0%
Cumulative (All Others) 2 0.0% 2 0.0% 0 0.0%
Other Misc. Causes 1,210 8.2% 881 9.3% 329 6.2%
TOTALS6 14,779 100% 9,468 100% 5,311 100%
1 Death filings are included in the count of all filings.
2 There were no (0) filings which did not indicate the gender of the injured worker.
3 Represents the percentage of total filings by major and minor injury cause.
4 Represents the percentage of male gender filings by major and minor injury cause.
5 Represents the percentage of female gender filings by major and minor injury cause.
6 Percentage totals may differ due to rounding.
35
Section IV - North American Industry
Classification System (NAICS)
36
37
Table 9
NAICS Sectors Compared to Non-Farm Employment: 2006 - 2010
NAICS Sectors2 2006 2007 2008 2009 2010
Mining 42,100 46,500 51,800 43,400 43,300
Utilities 9,900 10,400 10,800 11,500 11,200
Construction 70,400 71,300 75,600 68,800 66,900
Manufacturing 149,100 150,200 150,700 129,600 123,100
Wholesale Trade 58,700 59,700 59,900 56,500 55,200
Retail Trade 170,800 171,100 173,100 169,300 168,100
Transportation & Warehousing 44,900 47,700 45,800 43,500 42,000
Information 29,800 28,800 28,900 27,500 25,000
Finance & Insurance 59,700 59,700 59,500 58,800 58,300
Real Estate, Rental & Leasing 24,400 24,100 23,600 22,400 21,700
Professional, Scientific &
Technical Services 60,800 62,900 64,600 62,100 61,700
Management of Companies & Enterprises 12,600 13,200 13,700 13,200 15,100
Administrative, Support, Waste
Management & Remediation Services 101,700 104,800 106,500 90,200 92,300
Educational Services 18,800 18,900 19,500 19,900 20,200
Health Care & Social Assistance 168,800 173,700 178,700 181,700 183,700
Arts, Entertainment & Recreation 15,700 17,300 18,800 14,400 14,300
Accommodation & Food Services 121,000 122,600 125,200 125,700 124,100
Other Services (except Public Administration) 74,500 62,900 63,500 62,000 60,700
Public Administration 273,400 275,300 280,100 291,600 289,000
TOTALS 1,507,100 1,521,100 1,550,300 1,492,100 1,475,700
1 Source: Oklahoma Employment Security Commission, Labor Market Unit, “CES Data.” Excludes agricultural and federal
employment. Figures are rounded.
2 Source: Office of Management and Budget, North American Industry Classification System, United States, 2007.
Average Annual Employment: 2006-20101
38
Table 10
Filings by NAICS Sectors
2010
1 Death filings are included in the count of all filings.
2 There were no (0) filings which did not indicate the gender of the injured worker.
3 Source: Office of Management and Budget, North American Industry Classification System, United States, 2007.
4 Percentage totals may differ due to rounding.
Gender2
All Filings1 Male Female
NAICS Sectors3 Count Percent Count Percent Count Percent
Agriculture, Forestry, Fishing & Hunting 340 2.3% 274 80.6% 66 19.4%
Mining 573 0.3% 550 96.0% 23 4.0%
Utilities 96 0.6% 92 95.8% 4 4.2%
Construction 1,094 7.4% 1,035 94.6% 59 5.4%
Manufacturing 2,232 15.1% 1,783 79.9% 449 20.1%
Wholesale Trade 469 3.1% 381 81.2% 88 18.8%
Retail Trade 1,634 11.0% 812 49.7% 822 50.3%
Transportation & Warehousing 807 5.4% 680 84.3% 127 15.7%
Information 164 1.1% 87 53.0% 77 47.0%
Finance & Insurance 154 1.0% 47 30.5% 107 69.5%
Real Estate, Rental & Leasing 260 1.7% 187 71.9% 73 28.1%
Professional, Scientific & Technical Services 216 1.4% 123 56.9% 93 43.1%
Management of Companies & Enterprises 23 0.1% 20 87.0% 3 13.0%
Administrative, Support, Waste Management
& Remediation Services 788 5.3% 574 72.8% 214 27.2%
Educational Services 92 0.6% 37 40.2% 55 59.8%
Health Care & Social Assistance 1,388 9.3% 206 14.8% 1,182 85.2%
Arts, Entertainment & Recreation 138 0.9% 69 50.0% 69 50.0%
Accommodation & Food Services 691 4.6% 235 34.0% 456 66.0%
Other Services (except Public Administration) 292 1.9% 178 61.0% 114 39.0%
Public Administration 2,386 16.1% 1,406 58.9% 980 41.1%
Nonclassifiable and invalid codes 942 6.3% 692 73.5% 250 26.5%
TOTALS4 14,779 100.0% 9,468 64.1% 5,311 35.9%
39
Table 11
Percent Distribution of Filings by NAICS Subsectors
2010
NAICS Subsectors1 All Filings2 Percent
AGRICULTURE, FORESTY, FISHING HUNTING
Crop Production 22 6.5%
Animal Production 61 17.9%
Forestry & logging 206 60.4%
Fishing, Hunting & Trapping 45 13.2%
Support Activities for Agriculture & Forestry 7 2.1%
Subtotal 341 2.3%
MINING
Oil & Gas Extraction 98 17.1%
Mining (except Oil & Gas) 27 4.7%
Support Activities for Mining 448 78.2%
Subtotal 573 3.9%
UTILITIES
Utilities 122 100.0%
Subtotal 122 0.8%
CONSTRUCTION
Construction of Buildings 207 18.9%
Heavy & Civil Engineering Construction 154 14.1%
Specialty Trade Contractors 734 67.0%
Subtotal 1,095 7.4%
MANUFACTURING
Food Manufacturing 284 12.7%
Beverage & Tobacco Product 68 3.0%
Textile Mills 11 0.5%
Textile Product Mills 4 0.2%
Apparel Manufacturing 5 0.2%
Leather & Allied Product Manufacturing 5 0.2%
Wood Product Manufacturing 25 1.1%
Paper Manufacturing 29 1.3%
Printing & Related Support Activities 25 1.1%
Petroleum & Coal Products Manufacturing 37 1.7%
Chemical Manufacturing 46 2.1%
40
NAICS Subsectors1 All Filings2 Percent
MANUFACTURING - continued
Plastics & Rubber Products Manufacturing 242 10.8%
Nonmetallic Mineral Product Manufacturing 141 6.3%
Primary Metal Manufacturing 412 18.5%
Fabricated Metal Product Manufacturing 236 10.6%
Machinery Manufacturing 285 12.8%
Computer & Electronic Product Manufacturing 38 1.7%
Electrical Equipment, Appliance & Component Manufacturing 60 2.7%
Transportation Equipment Manufacturing 219 9.8%
Furniture & Related Product Manufacturing 23 1.0%
Miscellaneous Manufacturing 37 1.7%
Subtotal 2,232 15.1%
WHOLESALE TRADE
Merchant Wholesalers, Durable Goods 220 46.8%
Merchant Wholesalers, Nondurable Goods 229 48.7%
Wholesale Electronic Markets, Agents & Brokers 21 4.5%
Subtotal 470 3.2%
RETAIL TRADE
Motor Vehicle & Parts Dealers 211 12.9%
Furniture & Home Furnishings Stores 45 2.8%
Electronics & Appliance Stores 43 2.6%
Building Material, Garden Equipment & Supplies Dealers 163 10.0%
Food & Beverage Stores 280 17.1%
Health & Personal Care Stores 36 2.2%
Gasoline Stations 44 2.7%
Clothing & Clothing Accessories Stores 27 1.7%
Sporting Goods, Hobby, Book & Music Stores 59 3.6%
General Merchandise Stores 638 39.0%
Miscellaneous Store Retailers 61 3.7%
Nonstore Retailers 27 1.7%
Subtotal 1,634 11.1%
TRANSPORATION & WAREHOUSING
Air Transportation 248 30.4%
Rail Transportation 1 0.1%
Water Transportation 0 0.0%
Truck Transportation 354 43.4%
Transit & Ground Passenger Transportation 39 4.8%
Pipeline Transportation 4 0.5%
Scenic & Sightseeing Transportation 2 0.2%
Support Activities for Transportation 60 7.4%
Postal Service 0 0.0%
Couriers & Messengers 85 10.4%
Warehousing & Storage 23 2.8%
Subtotal 816 0.1%
Table 11 (continued)
41
NAICS Subsectors1 All Filings2 Percent
INFORMATION
Publishing Industries (except Internet) 27 16.5%
Motion Picture & Sound Recording Industries 4 2.4%
Broadcasting (except Internet) 53 32.3%
Internet Publishing & Broadcasting 0 0.0%
Telecommunications 68 41.5%
Internet Service Providers, Web Search Portals & Data Processing Services 10 6.1%
Other Information Services 2 1.2%
Subtotal 164 1.1%
FINANCE & INSURANCE
Monetary Authorities-Central Bank 7 4.3%
Credit Intermediation & Related Activities 49 30.4%
Securities, Commodity Contracts, Other Financial Investments & Related Activities 14 8.7%
Insurance Carriers & Related Activities 77 47.8%
Funds, Trusts & Other Financial Vehicles 14 8.7%
Subtotal 161 1.1%
REAL ESTATE, RENTAL & LEASING
Real Estate 195 73.6%
Rental & Leasing Services 70 26.4%
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) 0 0.0%
Subtotal 265 1.8%
PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES
Professional, Scientific & Technical Services 216 100.0%
Subtotal 216 1.5%
MANAGEMENT OF COMPANIES & ENTERPRISES
Management of Companies & Enterprises 23 100.0%
Subtotal 23 0.2%
ADMINISTRATIVE, SUPPORT, WASTE MANAGEMENT & REMEDIATION SERVICES
Administrative & Support Services 743 92.8%
Waste Management & Remediation Services 58 7.2%
Subtotal 801 5.4%
EDUCATIONAL SERVICES
Educational Services 783 100.0%
Subtotal 783 5.3%
HEALTH CARE & SOCIAL ASSISTANCE
Ambulatory Health Care Services 532 31.4%
Hospitals 552 32.5%
Nursing & Residential Care Facilities 438 25.8%
Social Assistance 174 10.3%
Subtotal 1,696 11.5%
Table 11 (continued)
42
NAICS Subsectors1 All Filings2 Percent
ARTS, ENTERTAINMENT & RECREATION
Performing Arts, Spectator Sports & Related Industries 26 18.6%
Museums, Historical Sites & Similar Institutions 4 2.9%
Amusement, Gambling & Recreation Industries 110 78.6%
Subtotal 140 1.0%
ACCOMMODATION & FOOD SERVICES
Accommodation 123 17.5%
Food Services & Drinking Places 578 82.5%
Subtotal 701 5.0%
OTHER SERVICES (EXCEPT PUBLIC ADMINISTRATION)
Repair & Maintenance 132 44.7%
Personal & Laundry Services 100 33.9%
Religious, Grantmaking, Civic, Professional & Similar Organizations 62 21.0%
Private Households 1 0.3%
Subtotal 295 2.0%
PUBLIC ADMINISTRATION
Executive, Legislative & Other General Government Support 978 75.6%
Justice, Public Order & Safety Activities 261 20.2%
Administration of Human Resource Programs 23 1.8%
Administration of Environmental Quality Programs 6 0.5%
Administration of Housing Programs, Urban Planning & Community Development 19 1.5%
Administration of Economic Programs 6 0.5%
Space Research & Technology 0 0.0%
National Security & International Affairs 0 0.0%
Subtotal 1,293 8.7%
NONCLASSIFIABLE
Nonclassifiable and invalid codes 958 100.0%
Subtotal 958 6.5%
TOTALS3 14,779 100%
Table 11 (continued)
1 Source: Office of Management and Budget, North American Industry Classification System, United States, 2007.
2 Death filings are included in the count of all filings.
3 Percentage totals may differ due to rounding.
43
Section V - Filings by Gender
44
45
Death Filings
Male
90%
Female
10%
Male
Female
All Filings
Female
36%
Male
64%
Male
Female
Figure 1
Percent Distribution of Filings by Gender1
2010
1 There were no (0) filings which did not indicate the gender of the injured worker.
2 Death filings are included in the count of all filings.
3 Percentage totals may differ due to rounding.
2
Male
9,468
64%
Female
5,311
36%
Female
11
Male 10%
95
95%
46
47
Section VI - Filings by Age
48
49
Table 12
Percent Distribution of Filings by Age and Gender
2010
Gender1
All Filings2 Male Female
Age Group Count Percent3 Count Percent4 Count Percent5
15 Years or Less 9 0.1% 6 0.1% 3 0.1%
16 - 17 Years 27 0.2% 13 0.1% 14 0.3%
18 - 19 Years 140 0.9% 95 1.0% 45 0.8%
20 - 24 Years 767 5.2% 520 5.5% 247 4.6%
25 - 34 Years 2,602 17.6% 1,746 18.4% 856 16.1%
35 - 44 Years 3,577 24.2% 2,265 23.9% 1,312 24.7%
45 - 54 Years 4,581 31.0% 2,893 30.6% 1,688 31.8%
55 - 64 Years 2,456 16.6% 1,521 16.1% 935 17.6%
65 Years or More 435 2.9% 254 2.7% 181 3.4%
Unknown 185 1.3% 155 1.7% 30 0.5%
TOTALS6 14,779 100% 9,468 100% 5,311 100%
1 There were no (0) filings which did not indicate the gender of the injured worker.
2 Death filings are included in the count of all filings.
3 Represents the percentage of total filings by age.
4 Represents the percentage of male gender filings by age.
5 Represents the percentage of female gender filings by age.
6 Percentage totals may differ due to rounding.
50
Age of Worker
NAICS Sectors1 15 or
less 16-17 18-19 20-24 25-34 35-44 45-54 55-64 65 + Unk Total
Agriculture, Forestry, Fishing & Hunting 0 1 3 9 29 53 125 118 1 1 340
Mining 1 1 8 44 138 138 164 63 10 6 573
Utilities 0 0 1 4 15 17 30 23 4 2 96
Construction 1 2 6 82 262 285 307 126 9 14 1,094
Manufacturing 3 0 18 84 313 591 773 386 39 25 2,232
Wholesale Trade 0 0 3 29 92 121 134 76 10 4 469
Retail Trade 0 5 29 112 298 388 445 257 75 25 1,634
Transportation & Warehousing 0 0 3 15 91 193 298 157 40 10 807
Information 0 0 0 8 30 41 50 32 1 2 164
Finance & Insurance 0 0 1 6 26 32 44 39 6 0 154
Real Estate, Rental & Leasing 0 0 2 14 54 58 80 38 11 3 260
Professional, Scientific & Technical Services 0 0 1 12 45 51 68 30 8 1 216
Management of Companies & Enterprises 0 0 0 0 1 3 6 10 2 1 23
Administrative, Support, Waste Management &
Remediation Services 1 0 13 62 177 207 221 74 21 12 788
Educational Services 0 0 0 3 12 21 31 22 3 0 92
Health Care & Social Assistance 0 2 11 69 263 345 421 223 46 8 1,388
Arts, Entertainment & Recreation 1 0 3 12 37 26 28 23 4 4 138
Accommodation & Food Services 0 13 26 67 160 174 167 57 13 14 691
Other Services (except Public Administration) 0 0 4 15 56 78 72 54 12 1 292
Public Administration 2 0 4 58 301 539 834 506 98 44 2,386
Nonclassifiable and invalid codes 0 3 4 62 202 216 283 142 22 8 942
TOTALS 9 27 140 767 2,602 3,577 4,581 2,456 435 185 14,779
1 Source: Office of Management and Budget, North American Industry Classification System, United States, 2007.
Table 13
Filings by Age of Worker and NAICS Sectors
2010
51
Section VII - Death Filings
52
53
Agriculture, Forestry, Fishing & Hunting 0
Mining 11
Utilities 1
Construction 13
Manufacturing 12
Wolesale Trade 3
Retail Trade 7
Transportation & Warehousing 11
Information 2
Finance & Insurance 0
Real Estate, Rental & Leasing 1
Professional, Scientific & Technical Services 0
Management of Companis & Enterprises 0
Administrative, Support, Waste Management & Remediation Services 7
Educational Services 1
Health Care & Social Assistance 4
Arts, Entertainment & Recreation 0
Accommodation & Food Services 2
Other Services (except Public Administration) 3
Public Administration 15
Nonclassifiable and invalid codes 13
TOTALS 106
1 Source: Office of Management and Budget, North American Industry Classification System, United States,
2007.
Table 14
Percent Distribution of Death Filings by Gender and
By NAICS Sectors
2010
Total Gender
Death Filings Male Female
NAICS Sectors1 Count Percent2 Count Percent3 Count Percent4
Agriculture, Forestry, Fishing & Hunting 0 0.0% 0 0.0% 0 0.0%
Mining 11 10.3% 11 11.5% 0 0.0%
Utilities 1 0.9% 1 1.0% 0 0.0%
Construction 13 12.2% 13 13.6% 0 0.0%
Manufacturing 12 11.3% 11 11.5% 1 9.0%
Wholesale Trade 3 2.8% 3 3.1% 0 0.0%
Retail Trade 7 6.6% 6 6.3% 1 9.0%
Transportation & Warehousing 11 10.3% 11 11.5% 0 0.0%
Information 2 1.8% 2 2.1% 0 0.0%
Finance & Insurance 0 0.0% 0 0.0% 0 0.0%
Real Estate, Rental & Leasing 1 0.9% 1 1.0% 0 0.0%
Professional, Scientific & Technical Services 0 0.0% 0 0.0% 0 0.0%
Management of Companies & Enterprises 0 0.0% 0 0.0% 0 0.0%
Administrative, Support, Waste Management
& Remediation Services 7 6.6% 7 7.3% 0 0.0%
Educational Services 1 0.9% 1 1.0% 0 0.0%
Health Care & Social Assistance 4 3.7% 1 1.0% 3 27.2%
Arts, Entertainment & Recreation 0 0.0% 0 0.0% 0 0.0%
Accommodation & Food Services 2 1.8% 1 1.0% 1 9.0%
Other Services (except Public Administration) 3 2.8% 3 3.1% 0 0.0%
Public Administration 15 14.1% 12 12.6% 3 27.2%
Nonclassifiable and invalid codes 13 12.2% 11 11.5% 2 18.1%
TOTALS4 106 100% 95 100% 11 100%
1 Source: Office of Management and Budget, North American Industry Classification System, United States, 2007.
2 Represents the percentage of total death claim filings by NAICS Sector.
2 Represents the percentage of male gender filings by NAICS Sector.
3 Represents the percentage of female gender filings by NAICS Sector.
4 Percentage totals may differ due to rounding.
54
Total Gender
Death Filings Male Female
Body Part Count Percent1 Count Percent2 Count Percent3
Abdomen 1 0.9% 1 1.1% 0 0.0%
Ankle 1 0.9% 1 1.1% 0 0.0%
Arm(s) 1 0.9% 0 0.0% 1 9.1%
Back 8 7.5% 6 6.3% 2 18.2%
Body Systems 6 5.6% 6 6.3% 0 0.0%
Brain 1 0.9% 1 1.1% 0 0.0%
Chest 3 2.8% 3 3.2% 0 0.0%
Circulatory System 12 11.3% 12 12.6% 0 0.0%
Face 1 0.9% 1 1.1% 0 0.0%
Feet 1 0.9% 0 0.0% 1 9.1%
Head 15 14.2% 14 14.7% 1 9.1%
Hip(s) 3 2.8% 2 2.1% 1 9.1%
Leg(s) 1 0.9% 1 1.1% 0 0.0%
Multiple Parts 24 22.6% 23 24.2% 1 9.1%
Neck 2 1.9% 2 2.1% 0 0.0%
Nervous System 3 2.8% 3 3.2% 0 0.0%
Respiratory System 12 11.3% 10 10.5% 2 18.2%
Shoulder(s) 1 0.9% 0 0.0% 1 9.1%
Skull 2 1.9% 2 2.1% 0 0.0%
Trunk 1 0.9% 1 1.1% 0 0.0%
Nonclassifiable 2 1.9% 2 2.1% 0 0.0%
Unspecified 5 4.7% 4 4.2% 1 9.1%
TOTALS
4
106 100% 95 100% 11 100%
1 Represents the percentage of total filings by part of body injured.
2 Represents the percentage of male gender filings by part of body injured.
3 Represents the percentage of female gender filings by part of body injured.
4 Percentage totals may differ due to rounding.
Table 15
Percent Distribution of Death Filings by Gender and
Part of Body Injured
2010
55
Table 16
Percent Distribution of Death Filings by Gender and Age
2010
Total Gender
Death Filings Male Female
Age Group Count Percent1 Count Percent2 Count Percent3
15 Years or Less 1 0.9% 1 1.1% 0 0.0%
16 - 17 Years 0 0.0% 0 0.0% 0 0.0%
18 - 19 Years 0 0.0% 0 0.0% 0 0.0%
20 - 24 Years 6 5.6% 5 5.3% 1 9.1%
25 - 34 Years 14 13.2% 14 14.7% 0 0.0%
35 - 44 Years 24 22.6% 23 24.2% 1 9.1%
45 - 54 Years 32 30.1% 28 29.5% 4 36.4%
55 - 64 Years 23 21.6% 20 21.1% 3 27.3%
65 Years or More 5 4.7% 4 4.2% 1 9.1%
Unknown 1 0.9% 0 0.0% 1 9.1%
TOTALS4 106 100% 95 100% 11 100%
1 Represents the percentage of total filings by age.
2 Represents the percentage of male gender filings by age.
3 Represents the percentage of female gender filings by age.
4 Percentage totals may differ due to rounding.
56
57
Section VIII - Type of Coverage
58
59
Chart 1
Distribution of Filings by Type of Coverage
2006 - 2010
Filings By Year
2
1 Percentage totals may differ due to rounding.
2006 2007 2008 2009
Qty % Qty % Qty % Qty % Qty %
Private Insurance Carriers 7,010 47% 7,504 50% 8,133 53% 7,908 50% 7,147 48%
CompSource 3,839 26% 3,777 25% 3,778 24% 3,561 23% 3,409 23%
Group Self-Insurance 388 3% 421 3% 392 3% 375 2% 244 1%
Individual Own Risk 2,947 19% 2,652 18% 2,503 16% 3,127 20% 2,983 20%
Uninsured/Unknown 735 5% 616 4% 614 4% 867 5% 996 6%
TOTALS1 14,919 100% 14,970 100% 15,420 100% 15,838 100% 14,779 100%
2010
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
2006 2007 2008 2009 2010
Private Insurance Carriers
CompSource
Group Self-Insurance
Individual Own Risk
Uninsured/Unknown
60
Figure 2
CompSource
3,409
23%
Group Self-Insurance
244
2%
Private Insurance Carriers
7,147
48%
Individual Own Risk
2,983
20%
Uninsured/Unknown
996
7%
Percent Distribution of Filings by Type of Coverage
2010
61
Section IX - Settlements, Dismissals
and Court Orders
62
63
Table 17
Select Orders and Settlements: 2006 - 2010
Type of Order1 2006 2007 2008 2009 2010
Form 14................................................................ 490.................99 ................17 .................. 5............... 4
Joint Petition ................................................... 10,700..........10,513 .........10,536 ......... 10,080........ 9,335
Claims Dismissed ................................................ 486...............427 ..............340 .............. 321........... 398
Commute to a Lump Sum...................................... 82...............133 ..............147 .............. 151........... 187
Death Benefits........................................................ 64.................59 ................55 ................ 63............. 70
Denial of Claim.................................................... 505...............532 ..............446 .............. 589........... 549
Denial - Miscellaneous ........................................ 245...............184 ..............144 .............. 191........... 247
Disfigurement ........................................................ 68.................63 ................68 ................ 74............. 62
Independent Medical Examination ................... 2,329...............606 ..............425 .............. 555........ 1,058
Miscellaneous ................................................... 2,404............1,996 ...........2,278 ........... 2,179........ 2,076
Nunc Pro Tunc ..................................................... 839...............793 ..............777 .............. 798........... 721
Order to Vacate.................................................... 119...............137 ..............144 .............. 311........... 335
Payment of Medical Expenses (Form 19)............ 662...............675 ..............647 .............. 728........... 665
Permanent Partial Disability ............................. 3,413............3,431 ...........3,480 ........... 3,768........ 4,405
Permanent Total Disability .................................... 78.................62 ................40 ................ 63............. 85
Multiple Injury Trust Fund .................................... 34.................21 ................31 ................ 60............. 98
Multiple Injury Trust Fund PTD............................ 71...............159 ..............165 .............. 187........... 294
Supplemental Order ............................................. 115.................75 ................83 ................ 77............. 80
Temporary Total Disability............................... 2,034............2,090 ...........2,147 ........... 2,329........ 2,342
Vocational Rehabilitation .................................... 150...............163 ..............160 .............. 151........... 167
Vocational Rehabilitation Evaluation .................. 570...............545 ..............479 .............. 512........... 650
1 Not all order/settlement categories appear in this table.
64
Orders and Settlements, Calendar Year 2010 (Detail)1
Settlement/Order Number Amount
Type of Awards or Settlements of Award or Settlement
Agreed Settlements
Form 14..................................................................................4 ................................................$53,550
Joint Petition...................................................................9,335 .......................................$211,793,320
Compromise Settlement (Form 1X) ......................................1 ..................................................$1,500
Form 26..............................................................................330 ...........................................$3,426,817
Order Number Amount
Type of Orders of Orders
Workers’ Compensation Court Orders
Change of Condition PPD .................................................157 ...........................................$3,832,841
Change of Condition TTD.................................................103
Change of Condition PTD Reopen Worse.............................4
Compensability..................................................................127
Death Benefits .....................................................................70
Denial of Claim .................................................................549
Denial, Miscellaneous .......................................................247
Disfigurement ......................................................................62 ..............................................$433,775
Payment of Medical Expenses...........................................665
Medical Treatment Ordered............................................2,323
Medical Case Management Approved...............................117
Permanent Partial Disability (PPD) ................................4,405 .......................................$142,953,284
Permanent Total Disability..................................................85
Multiple Injury Trust Fund................................................. 98 ...........................................$2,096,377
Multiple Injury Trust Fund PTD........................................294
Employer Combined Disability .......................................... 30
Temporary Total Disability ............................................2,342
Independent Medical Examination.................................1,058
Change of Physician .......................................................4,527
Vocational Rehabilitation Evaluation................................650
Attorney Fees.......................................................................42
Attorney Withdrawal ......................................................2,044
Certification to District Court ............................................114
Claim Dismissed................................................................398
Commute to a Lump Sum..................................................187
Consolidation of Claims ....................................................313
Table 18
65
Orders and Settlements, Calendar Year 2010 (Detail)1
Order Number Amount
Type of Orders of Orders
Employer/Insurance Carrier Dismissed.............................230
Employer/Insurance Carrier Added.....................................29
Extension of Time .................................................................0
Jurisdiction.............................................................................6
Miscellaneous .................................................................2,076
Nunc Pro Tunc...................................................................721 ............................................. (-$63,966)
Order to Vacate..................................................................335 ........................................ (-$4,794,181)
Pauper Status Approved ........................................................5
Pauper Status Denied.............................................................1
Multiple Injury Trust Fund, Miscellaneous ...........................8
Supplemental Order .............................................................80
Venue.................................................................................Vocational Rehabilitation ..................................................111607
Order for Mediation........................................................1,094
Court En Banc Orders of Appealed Workers’ Compensation Court Cases
Appeal Affirming ..............................................................839
Appeal Modifying..............................................................313 ........................................... (-$147,098)
Appeal Dismissing...............................................................11
Appeal Remanded/Vacated ...............................................141 ........................................... (-$386,347)
Supreme Court Orders of Appealed Workers’ Compensation Court Cases
Mandate Affirming................................................................0
Mandate Dismissing ............................................................21
Mandate JP of Settlement ......................................................7
Mandate Sustaining ...........................................................102
Mandate Remanded/Vacated...............................................12
1 Not all order categories appear in this table. All Orders of the Court Administrator, except settlements, are
excluded.
Table 18 (continued)
66
Table 19
2010 Judicial Activity
Judge
Trial
Settings
PHC
Settings
Orders
Written &
Approved1
En Banc
Appeal Settings
By Judge
En Banc
Orders Signed
By Judge
Black 2,307 3,358 2,007 354 273
Eldridge 2,861 4,986 3,123 458 356
Evans 452 818 582 56 25
Farrar 2,804 3,617 2,343 325 269
Foster 2,609 3,797 2,389 320 229
Grove 2,108 3,821 1,607 460 324
Harkey 3,155 4,133 2,901 365 260
Leonard 2,638 3,243 2,262 315 249
McCormick 2,824 4,503 3,578 488 378
Prigmore 2,398 5,298 2,217 344 250
Quandt 2,786 5,042 3,745 279 231
Reid 484 830 577 82 55
Cashion 0 0 0 18 11
Craig 0 0 0 15 15
Salyer 0 0 0 18 12
Totals 27,426 43,446 27,331 3,987 2,937
Active Retired
Judges
Workers’ Compensation Court Judges
1 Excludes Settlements and Court En Banc orders.
2 For total Court En Banc case settings see Table 21.
3 For total Court En Banc orders see Table 20.
67
Table 20
Appellate Activity: 2006 - 2010
Court En Banc Orders
Type of Order 2006 2007 2008 2009 2010
En Banc Appeal Affirming...........................659 ................. 687...............502...............448 ............ 526
En Banc Appeal Dismissing...........................12 ..................... 8...................4.................20 .............. 11
En Banc Appeal Modifying.........................243 ................. 304...............208...............307 ............ 313
En Banc Appeal
Remanded/Vacated....................................131 ................. 174...............136...............128 ............ 141
TOTALS...................................................1,045 .............. 1,173...............850...............903 ............ 991
Supreme Court Orders
Type of Order 2006 2007 2008 2009 2010
Mandate Affirming...........................................3 ..................... 2...................2...................2 ................ 0
Mandate Dismissing.......................................23 ................... 36.................19.................17 .............. 21
Mandate JP of Settlement.................................7 ................... 12.................10.................18 ................ 7
Mandate Remanded/Vacated1 ........................28 ................... 19.................18.................16 .............. 12
Mandate Sustaining......................................129 ................. 135...............113...............105 ............ 102
TOTALS......................................................190 ................. 204...............162...............158 ............ 142
1 This category includes the subcategories: Mandate Affirmed, Mandate Affirmed Death Benefits, Mandate
Affirmed Disfigurement, Mandate Affirmed PPD and Mandate Affirmed TTD.
68
69
Section X - Maximum Weekly
Compensation Rates
70
71
Chart 2
Maximum Weekly Compensation Rates
For injuries or deaths occurring 11/1/82 - 08/26/2015
1 TTD is 70% of the employee’s average weekly wage, not to exceed 75% of the state’s average weekly wage (SAWW), for
injuries occurring from 9/1/92 through 12/31/94. For injuries occurring from 1/1/95 through 12/31/95, TTD is 70% of the
employee’s average weekly wage, not to exceed 90% of the SAWW. For injuries occurring on and after 1/1/96, TTD is 70%
of the employee’s average weekly wage, not to exceed 100% of the SAWW.
2 PPD is 70% of the employee’s average weekly wage, not to exceed 50% of the SAWW, for injuries on and after 9/1/92.
3 PTD is 70% of the employee’s average weekly wage, not to exceed 75% of the SAWW, for injuries occurring from 9/1/92
through 12/31/94. For injuries occurring from 1/1/95 through 12/31/95, PTD is 70% of the employee’s average weekly wage,
not to exceed 90% of the SAWW. For injuries occurring on and after 1/1/96, PTD is 70% of the employee’s average weekly
wage, not to exceed 100% of the SAWW.
4 For deaths occurring before 10/23/01, the maximum weekly income benefits payable to all beneficiaries was the weekly
amount the deceased would have received for PTD. For deaths occurring on or after 10/23/01, the maximum weekly income
benefits payable to all beneficiaries varies depending upon the deceased’s average weekly wage. If the deceased’s average
weekly wage is less than the SAWW, the aggregate weekly income benefits payable to all beneficiaries shall not exceed
100% of the deceased’s average weekly wage. If the deceased’s average weekly wage equals or exceeds the SAWW, the
aggregate weekly income benefits payable to all beneficiaries shall not exceed the SAWW.
5 PPD is 70% of the employee’s average weekly wage, up to a maximum of $323. In addition, the PPD rate was established
by legislation for a 5-year period, commencing on August 27, 2010 through August 26, 2015.
11/01/09 - 10/31/10 $717 $359 $717 See footnote 4
11/01/08 - 10/31/09 $683 $342 $683 See footnote 4
11/01/05 - 10/31/08 $577 $289 $577 See footnote 4
11/01/02 - 10/31/05 $528 $264 $528 See footnote 4
10/23/01 - 10/31/02 $473 $237 $473 See footnote 4
11/01/99 - 10/22/01 $473 $237 $473 $473
11/01/96 - 10/31/99 $426 $213 $426 $426
01/01/96 - 10/31/96 $409 $205 $409 $409
01/01/95 - 12/31/95 $368 $205 $368 $368
11/01/93 - 12/31/94 $307 $205 $307 $307
09/01/92 - 10/31/93 $277 $185 $277 $277
11/01/90 - 08/31/92 $246 $185 $246 $246
11/01/87 - 10/31/90 $231 $173 $231 $231
11/01/84 - 10/31/87 $217 $163 $217 $217
11/01/83 - 10/31/84 $212 $159 $212 $212
11/01/82 - 10/31/83 $196 $147 $196 $196
Injury/Death Date TTD1 PPD2 & 5 PTD3 Death4
11/01/10 - 10/31/11 $716 See PPD rate information below $716 See footnote 4
08/27/10 - 08/26/15 n/a $323 n/a See footnote 5
72
73
Section XI - Dockets
74
75
Table 21
Hearings Set by Issue or Docket Type & City of Setting
2010
Type of Issues/Docket
to be Set Oklahoma City Tulsa TOTALS
Trial Dockets
Trial Settings ................................................................... 13,400.................. 7,735................21,135
Multiple Injury Trust Fund (PPD & Perm. Total) ................ 626..................... 168.....................794
Employer Combined Disability.............................................. 98....................... 42.....................140
Miscellaneous Issues ......................................................... 3,512.................. 1,845..................5,357
Informal Dispute Resolution Dockets
Temporary Issue Docket.................................................... 1,243.................. 1,446..................2,689
Prehearing Conference .................................................... 28,423................ 15,023................43,446
Form 19 Disposition Docket ................................................ 922..................... 401..................1,323
Judicial Settlement Conferences............................................... 2......................... 0.........................2
Appellate Dockets
Court En Banc Appeals ........................................................ 993..................... 306..................1,299
TOTALS......................................................................... 49,219................ 26,966................76,185
Trial Settings: This docket includes issues involving permanent partial disability, temporary total disability and death benefits.
Judicial Settlement Conference: Judicial Settlement Conferences permit an informal discussion between the parties, attorneys,
and the settlement judge on every aspect of the case bearing on its settlement value in an effort to resolve the matter before trial.
The conference is conducted by a judge other than the assigned trial judge. The judicial settlement conference docket process
was developed effective 10/23/01 in response to changes to 85 O.S., § 3.4.
Temporary Issue Docket: Preliminary docket used for Requests for TTD, Objection to Terminate TTD, Motion to Terminate
TTD, Motion to Reopen for TTD, Motion for Change of Physician, Request for Medical Treatment, Prosthesis, Rate of
Compensation and Custodial Care.
Miscellaneous Issues: Include instances where a Form 19 claim cannot be resolved at the Administrative Docket level, and the
parties request judicial determination. If this issue is scheduled on a judicial docket with no other issue it is counted as a
“miscellaneous” setting. In addition, if a party “motions” the court to order production of documents, etc, and these issues are
not accompanied by any other “weightier” issue, these “motions” are also counted in the miscellaneous category.
Prehearing Conference: A Prehearing Conference docket used for review of issues such as Redetermination of Death Benefits,
Rehabilitation, Attorney Fees, Disfigurement, Jurisdiction, Penalty, Reimbursement of Expenses, Travel Expenses, Request for
IME, Multiple Injury Trust Fund (Permanent Total & Permanent Partial), Motion to Grant a Judicial Settlement Conference and
miscellaneous Motions (i.e. Motions to Compel, to Commute, to Revoke Insurance License, to Produce, to Consolidate Claims
for Hearing, to Tax Costs, to Change Venue of Hearing).
Court En Banc Appeals: A docket consisting of cases appealed from orders of a Workers’ Compensation Court trial judge to a
three-judge review panel.
Form 19 Disposition Docket: A docket utilized for the Request for Payment of Health or Rehabilitation Services.
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Section XII - Dispute Prevention
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Dispute Prevention
Dispute prevention covers a broad range of efforts by the Workers’ Compensation Court to
distribute information, provide assistance, and educate and train stakeholders. These efforts
help resolve differences between the parties without resort to trial. They include:
• Making telephone information lines, including a toll-free line, available to the public;
• Assisting stakeholders;
• Providing education and training;
• Producing written materials explaining rights and responsibilities under the law; and
• Providing information on the Internet.
Telephone Information Lines and Assisting Stakeholders
In addition to its regular business telephone lines, the Court maintains an in-state toll free
information line. Most requests for information or assistance are processed by the Court’s
Counselor Department. The department was created in 1994 and previously was known as the
Ombudsman Office. The Department provides information, training and outreach to injured
workers and other stakeholders. Counselors regularly assist employers, workers, insurers,
medical providers, attorneys, government agencies, and the Attorney General’s Workers’
Compensation Fraud Unit.
In calendar year 2010, counselors responded to 28,089 telephone calls about the law, made
1,793 follow-up contacts, assisted 562 visitors who came to the Court for help, and responded
in writing to 5,995 requests for information (including requests for brochures and educational
documents).
Inquirer
2006 2007 2008 2009
Count Share Count Share Count Share Count Share Count Share
Worker 16,572 57.27% 15,004 54.92% 15,611 55.11% 13,392 48.26% 12,926 46.02%
Employer 3,632 12.55% 3,946 14.44% 2,411 8.51% 2,252 8.12% 2,332 8.30%
Medical Provider 4,723 16.32% 4,294 15.72% 4,657 16.44% 6,057 21.83% 7,023 25.00%
Attorney 233 0.81% 624 2.28% 961 3.39% 892 3.21% 756 2.69%
Insurance Carrier 521 1.80% 698 2.55% 771 2.72% 708 2.55% 661 2.35%
AG Workers’
Compensation
Fraud Unit
763 2.64% 758 2.77% 737 2.60% 893 3.22% 1,012 3.60%
Legislators 78 0.27% 31 0.11% 17 0.06% 28 0.10% 34 0.12%
Other OK
Government
Agencies
217 0.75% 326 1.19% 209 0.74% 314 1.13% 166 0.59%
Other States 54 0.19% 112 0.41% 56 0.20% 97 0.35% 81 0.29%
Other 2,146 7.42% 1,529 5.60% 2,897 10.23% 3,117 11.23% 3,098 11.03%
TOTAL 28,939 100% 27,322 100% 28,327 100% 27,750 100% 100% 100%
2010
Table 24. Inquiries to Counselor Department by Inquirer
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More than 46% of the inquiries were initiated by the worker, followed next by inquiries from
medical providers. Questions regarding medical issues also are responded to by other Court
staff. Most questions on medical issues concern the workers’ compensation fee schedule and
the Independent Medical Examiner and Medical Case Manager systems maintained by the
Court.
Education and Training
The Court periodically sponsors, or jointly sponsors, educational seminars for workers’
compensation system stakeholders. Its first program was in 1995. Additional programs have
been held regularly thereafter. The programs are attended by insurance and business
representatives, government agency personnel, physicians and their staff, attorneys and other
legal professionals, certified workplace medical plan employees, vocational rehabilitation
evaluators, case managers, and other health care professionals. The programs highlight
legislative and case law developments, workers’ compensation trends and best practices. They
are designed to educate and train stakeholders about workers’ compensation laws.
Onsite training and workshops for various business, insurance and civic groups also are
provided by the Court’s Counselor Department upon request. Additionally, Judges and other
court staff are frequent presenters at programs sponsored by the Oklahoma Bar Association and
other groups. In calendar year 2010, counselors participated in educational conferences around
the state attended by approximately 678 persons.
Written Materials
The Counselor Department produces written information, including brochures and educational
documents, that explain rights and responsibilities under the workers’ compensation law. Upon
request, it distributes materials designed for injured workers and materials aimed at employers. In
addition, the Department produces materials that describe aspects of the workers’ compensation
system (such as information on mediation and about resolving medical disputes). Written
materials also are prepared by the Judges and court staff for various seminars sponsored or
participated in by court personnel.
The Court Administrator produces a workers’ compensation fee schedule. The document sets the
maximum allowable reimbursement for health care services rendered to an injured worker with a
compensable injury. By stating maximum amounts, the schedule provides the parties guidance
for resolving charge disputes without involving either the Court or the Court Administrator. The
schedule was adopted last in December 2009 and became effective January 1, 2010, and remains
in effect at this time. It is available on the Court’s web site at http://www.owcc.state.ok.us/
publications1.htm, under “Medical”.
Information Via the Internet
The Court maintains an Internet web site at http://www.owcc.state.ok.us that is specific to
workers’ compensation in Oklahoma. The site became operational in February 2002 and is
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updated regularly. It has general information about the Court and includes materials such as a
staff directory, brochures and other court publications, insurance information, updates on recent
changes, court rules and forms, and links to Oklahoma’s workers’ compensation laws and to
Internet sites of workers’ compensation entities in other states. The Court’s site also provides
e-mail contact directly to the Counselor Department for individual assistance.
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Section XIII - Informal Dispute Resolution
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Informal Dispute Resolution
Various informal dispute resolution processes implemented by the Court are described below.
Each is intended to help provide a fast, cost-effective means of resolving disputes by the parties
without the need for a trial. To the extent litigation is avoided, claims related costs like attorney
fees and medicolegal costs are minimized.
Mediation
Mediation is the process of resolving disputes with the assistance of a mediator, outside of a
formal court proceeding. The purpose of mediation is to identify issues, clarify
misunderstandings, explore solutions, and negotiate settlement. It is an alternative to litigation.
All workers’ compensation issues may be mediated except combined disabilities claims
involving the Multiple Injury Trust Fund and claims subject to the dispute resolution procedure
of a certified workplace medical plan (managed care organization). Law changes affecting
mediation were made in SB1X (2005). Now mediation may be by agreement of the parties, by
court order upon request of a party, or on the Court’s own motion when determined helpful to
resolve the claim. Before 2005, the law required both parties to consent to mediation and to
agree upon the mediator before mediation could occur.
Sixty-five mediators are certified by the Court to provide services under the Court Mediation
System (CMS). Seven applications for certification were processed by the Court’s Counselor
Department in 2010. Court certified mediators serve five-year terms. Mediators are located in
Ada, Ardmore, Edmond, Midwest City, Norman, Oklahoma City, Pauls Valley, Shawnee and
Tulsa.
The Court entered 5 orders for mediation in CY 2005 after enactment of SB1X, 124 in CY
2006, 525 in CY 2007, 657 in CY 2008, 1,286 in CY 2009, and 1,094 in CY 2010.
Comparatively, during the six-year period before SB1X, only 60 inquiries regarding mediation
were processed by the Court’s Counselor Department. Mediation orders may affect multiple
cases.
Judicial Settlement Conferences
The Legislature authorized informal dispute resolution through settlement conferences
conducted by a judge other than the assigned trial judge beginning October 23, 2001. A judicial
settlement conference may be requested by a party or may be set by the Court on its own
motion. The purpose of the judicial settlement conference is to permit an informal discussion
between the parties, attorneys, if any, and the settlement judge on every aspect of the case
bearing on its settlement value in an effort to resolve the matter before trial. The conference
can come before or after a request for trial. The settlement conference can result in voluntary
agreement that fully resolves the claim or disputed issues.
The Court set 2 judicial settlement conferences in calendar year 2010, which is the same
number of settings of this type for the prior calendar year 2009.
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Prehearing Conferences
Prehearing conferences are informal meetings between the parties and a judge to address a wide
variety of issues ranging from determination of death benefits in an admitted claim to questions
of jurisdiction. There is no sworn testimony or cross examination of witnesses, and, unless
requested, no formal transcript of the meeting. The conference may be used to discuss
settlement of the case or issues related to the case, or to determine issues in dispute. It gives the
parties a chance to meet in the presence of the judge, to exchange information, to define issues,
and to resolve disputes voluntarily or with judicial assistance. A prehearing conference also
may be used in the formal hearing context to dispose of procedural matters, including discovery
issues, in anticipation of trial.
Use of prehearing conferences increased from 8,663 in 1992 to 43,446 in 2010. To address the
volume of these informal conferences, judges docket an average of 26 prehearing conferences
daily four days per week. This is in addition to an average of 16 cases set on a daily trial docket
Monday through Thursday, and 14 cases set on average on the three-judge appellate panel
settings on Friday.
Temporary Issue Docket
The temporary issue docket (TID) provides the parties an opportunity to meet informally to
resolve medical treatment and temporary disability issues or to schedule a hearing with a judge.
Early resolution of these matters can reduce litigation by promoting maximum medical
improvement and return to work. In calendar year 2010, the time from filing to TID was 4
weeks, with hearing dates immediately thereafter or at a later time as necessary for discovery.
Administrative Review of Disputed Medical Charges
Two administrative processes were created by the Court to help resolve charge disputes
between medical/rehabilitation providers and insurers, without the need for trial.
The Form 18 process permits the Administrator to address conflicting interpretations of the
workers’ compensation fee schedule. The determinations are made based on written
submissions by the parties. Outcomes include voluntary agreement or administrative order
allowing or denying all, or a portion of, the disputed charges.
The Form 19 process pertains to all other medical/rehabilitation charge disputes. It may involve
a trial before a judge if the parties are unable to voluntarily resolve the controversy. Docket
office staff record the disposition of the Form 19 disputes. In calendar year 2010, 423 out of
1,323 cases set for Form 19 meeting were announced “resolved” or resulted in an agreed order.
In other words, roughly 32% of all cases set for Form 19 meeting were disposed of by voluntary
agreement. An additional 11% (152 of 1,323) were stricken from consideration because the
providers elected not to pursue the matter. This election may reflect payment or other
satisfactory disposition of the charge dispute outside the Court’s processes.
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Section XIV - Departmental Activity
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Departmental Activity
Counselor Department
The Counselor Department was created in 1994 and previously was known as the Ombudsman
Office. The department is the Court’s primary information unit and focuses much of its efforts
on dispute prevention. Its responsibilities include assisting employers, insurers, health care
providers, injured workers and dependents of injured workers, providing educational materials
and information on rights, benefits and obligations under the law, answering questions about the
workers’ compensation system, supporting a toll-free information line, and processing
applications to serve as a mediator for the Court’s mediation system. In addition, counselors
work cooperatively with the Oklahoma Attorney General’s Workers’ Compensation Fraud Unit,
and with the Worker Safety Policy Council, Oklahoma Department of Career and Technology
Education, and Oklahoma Employment Security Commission to provide educational programs
on workers’ compensation for business and labor interests across the state.
Details about the department’s activities are set out more fully in the “Dispute Prevention”
section of this Annual Report.
Office of the Court Clerk
The Office of the Court Clerk receives court filings, certifies documents, prepares and transmits
records on appeal, accepts appeal bonds, serves as the Court’s records custodian, and manages
the Court’s records retention schedule. In calendar year 2010, the office certified
approximately 800 documents from court claims files, processed 68 appeal bonds for appeals to
the Oklahoma Supreme Court, and prepared and transmitted 150 records on appeal to the
Supreme Court.
Data Processing/Management Information Services Department
The Data Processing/Management Information Services Department is responsible for the
computer network, programs, and databases of the Court, including databases related to claims
filings since 1989 and workers’ compensation insurance coverage information. The department
assists other court departments in meeting their goals through the use of technology, maintains
the Court’s web site and supports the Workers’ Compensation Court Information System
(WCIS). WCIS is the backbone of the Court’s case and system management applications. All
aspects of the Court’s operations, including the processing of injury, claims and insurance
information, docketing, order processing, fee collection, and public access to data on case
activity, are supported by WCIS. Additional enhancements to WCIS are planned, subject to
budgetary limitations.
In December 2009, the Court began transmitting Docket Hearing Notices electronically, which
has improved the ‘timeliness’ for which parties receive notification of hearing dates, and
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utilizes technology to improve the efficiency of court processes.
Docket Office
The Docket Office dockets hearings, notifies parties of hearing dates, and manages
administrative dockets designed to resolve certain disputes without the need for trial. In 2010,
the office set 76,185 hearings, up from 72,284 in 2009. Hearings set were for both informal and
formal dispute resolution proceedings involving a judge.
Statistics on the time period between a request for hearing and the actual hearing date are used
to gauge how effectively the Court is meeting its responsibility for timely resolution of cases.
In 2010, the average time-to-hearing benchmarks were: temporary issue scheduling dockets,
4 weeks, with hearing dates immediately thereafter or at a later time as necessary for discovery;
prehearing conferences, 5 weeks; permanent partial disability, 10 weeks; and three-judge
panel appeals, 11 weeks.
The notable development over time has been a reduction in the time periods parties must wait
for a hearing. The greatest drop in time-to-hearing was for hearings on permanent disability
issues. Those issues constitute the largest single category of cases which are resolved by the
Court. The time-to-hearing for permanent disability issues dropped from an average of 36
weeks in 1992, to an average of 10 weeks in 2010.
Form 3 Processing Department
The Form 3 Processing Department processes initial and amended claims for compensation, and
orders entered into by mutual agreement of the parties. The department creates court files,
verifies the existence of insurance coverage for the claim, enters data into the Court’s
information system (WCIS), and mails information to the parties. In 2010, the department
processed 19,886 claims and amended claims for compensation.
Insurance
Under the authority of the Court
Administ rator, the Insurance
Department regulates self-insured
employers and employer group
associations. The department also
regulates third party administrators,
maintains a workers’ compensation
insurance database for the state
covering more than 224,801
employers, and maintains a database
of service agents designated by each
workers’ compensation payor. The
department works cooperatively with
Manufacturing 62
Services 46
Public Sector 34
Transportation 17
Retail 18
Mining 9
Construction 8
Public Utilities 4
Wholesale 4
Financial, Insurance & Real Estate 3
Farming 3
Total 208
Individual Self-Insured Employers By Major Industrial Division:
CY2010
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the Oklahoma Department of Labor to enforce laws regarding workers’ compensation coverage.
Employers who fail to secure their workers’ compensation obligations are subject to criminal
sanctions, and civil penalties imposed by the Commissioner of Labor.
Effective February 1, 2007, insurers writing workers’ compensation insurance in Oklahoma
were given the option of electing to use the National Council on Compensation Insurance
(NCCI) proof of coverage (POC) information system to satisfy certain statutory filing
requirements with the Court. The department processed in excess of 318,000 certificates of
insurance coverage, cancellations, reinstatements and notices of amended coverage in 2010.
In 2010, the department evaluated over 575 applications and financial statements pertaining to
self-insurance, group self insurance, or third party administration.
The department approved 208 individual self-insured employers in 2010, approximately 30% of
which are in the manufacturing sector. Combined, individual self-insured employers covered
about 256,000 employees and had a combined gross payroll of over $10 Billion Dollars.
In 2010, eight group self-insurance associations, covering 1,030 member employers, were
approved by the Insurance department.
Self-Insurance Status By Calendar Year: CY2004 - CY2010
Year # of Self-Insurers # of Employees Covered Gross Payroll
2010 208 256,230 $10,139,462,180
2009 219 231,923 $9,340,763,758
2008 223 231,563 $8,027,403,708
2007 220 231,236 $8,036,874,820
2006 217 220,482 $8,549,191,380
2005 229 230,141 $8,017,178,092
Group Self Insurance Association Status by Calendar Year: CY2004 - CY2010
Year # of Groups # of Group Members Total Standard Premium
2010 8 1,030 $36,244,646
2009 8 1,037 $35,578,093
2008 8 1,036 $34,269,995
2007 8 1,031 $33,876,183
2006 8 1,037 $35,058,286
2005 8 1,046 $34,640,328
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Order Processing Department
The Order Processing Department produces orders as directed by the judges and processes them
for mailing to the parties. In 2010, the average time for the department to prepare and process
orders requested by the judges was five days.
Records Department
The Records Department maintains court files, processes the mail and responds to requests for
records and information. In calendar year 2010, the Records Department maintained 183,263
case files from 2000 to present on premises. Court files from 1990 through 1999 are archived
at the Department of Libraries.
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Section XV - Fiscal Year Expenditures
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Fiscal Year Expenditures: 7/1/09 - 6/30/10
Personal Services (Salaries and Benefits, and Professional Services)..............................$5,818,000
Travel ...................................................................................................................................$89,000
Equipment .............................................................................................................................$45,000
Other Operating Expenses...................................................................................................$603,000
TOTAL EXPENDITURES ..............................................................................................$6,555,000
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Section XVI - Legislative Activity
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Legislative Activity
IMPORTANT INFORMATION
Disclaimer: The purpose of this section is to provide a general overview of
legislative activity during the 2nd Regular Session of the 52nd Oklahoma
Legislature (2010) relevant to the workers’ compensation system. It is for
informational purposes only. It is not a statement of policy by the Oklahoma
Workers’ Compensation Court, is not binding on the Court in any way and
should not be relied upon as the basis for any action. To see the full text of the
enacted legislation, go to the “Enrolled Legislation” link on the “Executive
Legislative” page on the Secretary of State’s web site at: http://
www.sos.state.ok.us.
HB 1611 - Effective 11/1/10. Amends 36 O.S., §§608 and 6217.
Requires claims adjusters for insurers duly authorized to transact workers’ compensation
insurance in Oklahoma to be licensed under the Insurance Adjusters Licensing Act, and to
complete 6 hours of continuing education relating to the Workers’ Compensation Act as part of
the required 24 hours of continuing education.
HB 2517 - Effective 7/1/10. Amends 85 O.S., §63.1.
Abolishes the Department of Labor’s Workers’ Compensation Enforcement Revolving Fund
and provides that civil penalties assessed by the Commissioner of Labor against any employer
that fails to secure its workers’ compensation obligations shall be deposited to the Department
of Labor Revolving Fund created in 40 O.S., §141.19.
HB 2650 - Effective 8/27/10. Amends 85 O.S., §§3, 11, 12, 14, 22, and 201.1.
•Amends the definition of: (1) “employee” to exclude individuals who are a party to a franchise
agreement, (2) “major cause” to mean more than fifty percent (50%) of the resulting
injury, disease or illness. A finding that the workplace was not a major cause of the
injury shall not adversely affect exclusive remedy or create a separate cause of action
outside of Title 85, Oklahoma Statutes; and (3) “objective medical evidence” to
include objective findings which are those that cannot come under the voluntary control
of the patient. Mentions tests and criteria pertaining to determinations of permanent
impairment.
•Defines “continuing medical maintenance,” “surgery” (excludes an injection, or the forcing
of fluids beneath the skin, for treatment or diagnosis), “evidence-based,” “nationally
recognized,” “scientifically based,” “peer review,” and “state-developed.”
•Restricts the compensability of injuries that occur to and from work.
•Excepts intentional torts from exclusive remedy. Identifies what constitutes an intentional tort.
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Precludes an injured employee from maintaining an action in both the Workers’
Compensation Court and another court, when the employer has failed to secure its
workers’ compensation obligations as required by law or in the case of an intentional
tort.
•Modifies entitlement to temporary total disability. Specifies that if the treating physician
releases a claimant to light duty work with written restrictions, the employer makes a
good faith offer in writing to provide a light duty position at the claimant’s same rate of
pay, and the claimant rejects the light duty assignment, the claimant is not entitled to
temporary total disability.
•Prohibits Court ordered continuing medical maintenance, unless recommended by the treating
physician when the claimant reaches maximum medical improvement, or unless there is
clear and convincing evidence to the contrary. Authorizes the Court to appoint an
independent medical examiner at any time to determine the nature and extent of
continuing medical maintenance.
•Limits the duration of permanent total disability benefits to 15 years or until the employee
reaches the age of 100% Social Security retirement, whichever is longer. Provides that
if the employee dies from causes unrelated to the work-related injury or illness, any
person entitled to revive the action shall receive benefits only until the benefits would
have terminated had the employee lived. Provides that if the Court awards both
permanent partial and permanent total disability, the permanent total disability award
shall not be due until after the permanent partial disability award is paid in full.
•Establishes a new compensation schedule for permanent partial disability for injuries occurring
on or after August 27, 2010. The minimum weekly benefit payable for permanent
partial disability is $150. The maximum weekly benefit payable for permanent partial
disability for injuries occurring on or after August 27, 2010 through August 26, 2015 is
70% of the employee’s average weekly wage, not to exceed $323. For injuries
occurring on or after August 27, 2015, the maximum weekly benefit payable for
permanent partial disability is 70% of the employee’s average weekly wage, not to
exceed 50% of the state’s average weekly wage.
•Prohibits an award for permanent disfigurement for a part of the body for which permanent
partial disability is awarded.
•Modifies compensation for soft tissue injuries. In case of a nonsurgical soft tissue injury in
which the employer has promptly provided medical care, temporary total disability shall
not exceed 8 weeks. A Court ordered extension of up to an additional 8 weeks is
authorized if the treating physician recommends one or more injections. If the treating
physician recommends surgery, the Court may order up to an additional 16 weeks of
temporary total disability if the treating physician indicates the extension is appropriate
or the parties agree. The Court shall terminate the extension benefits if surgery is not
performed within 120 days of approval or authorization of the surgery by the respondent
or Court, unless the delay is beyond the claimant’s control. Provides that if surgery is
performed, temporary total disability is subject to the limitations established in
paragraph 2 of Section 22 of the Workers’ Compensation Act. Expands exclusions from
the definition of “soft tissue injury” to include all joint replacements.
•Makes the Physician Advisory Committee’s findings and recommendations regarding
reasonable and necessary medical treatment, duration of treatment, continuing medical
maintenance, and development of a prescription formulary binding upon the Workers’
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Compensation Court, unless there is clear and convincing evidence to the contrary.
Court ordered medical care that deviates from the Committee’s findings and
recommendations must be supported by specific findings. Eliminates the Committee’s
duty to consider certain standards when developing treatment guidelines.
•Provides for uncodified language that creates the Task Force on Vocational Rehabilitation for
Injured Workers until November 30, 2010, to study methods and procedures to improve
vocational rehabilitation for injured workers. Requires a report of findings and
recommendations to legislative leaders before termination of the Task Force. The full
text of the Task Force’s Final Report is available on the Oklahoma House of
Representat ives web si te at ht tp: / /www.okhouse.gov/Document s/
TaskForceVocRehabFinalReport.pdf.
HB 2652 - Effective 11/1/10. Amends 85 O.S., §1.2.
Modifies the number, term, appointment process and assignment of Judges of the Workers’
Compensation Court. Provides that the first two judicial vacancies occurring on or after
November 1, 2010 will operate to reduce the number of judges comprising the Court from ten
to eight. Directs that three judges be permanently assigned to the Court’s Tulsa location and
five be permanently assigned to the Court’s Oklahoma City location. Prohibits closure of the
Court’s Tulsa location without legislative approval. Reduces the existing six year judicial term
from July to February of the year of expiration of the term. Current incumbent judges who are
not reappointed are presumed to have served a full six year term without reduction in salary,
benefits or time for judicial service. Subsequent judicial terms shall be for eight years. Judges
serving an unexpired term on November 1, 2010 are eligible upon expiration of their respective
terms for appointment to one, eight year term. Judges may seek an additional eight year term
after a three year waiting period. Judicial appointments are made by the Governor with the
advice and consent of the Senate. Subjects incumbent judges to the Judicial Nominating
Commission process. Requires the Court's judges to be licensed to practice law in Oklahoma
for not less than five years and have not less than five years of workers’ compensation
experience prior to appointment.
HB 2911 - Effective 5/10/10. Amends 85 O.S., §42.
Prohibits creation of a new business entity for the purpose of avoiding payment of a workers'
compensation judgment.
HB 3169 - Effective 11/1/10. Amends 85 O.S., §2.6.
Expands the exemption from the Workers' Compensation Act for an employer with five or less
total employees, all of whom are related by blood or marriage, to include the spouse of the
exempt employer.
HJR 1056 - State Question No. 755, Legislative Referendum No. 355
Submits to a vote of the people at the November 2, 2010 general election of the state a ballot
measure to amend the Oklahoma Constitution to require courts of this state, including the
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Workers’ Compensation Court, to rely on federal and state laws when deciding cases and to
forbid courts from looking at international law or Sharia Law when deciding cases.
SB 1973 - Effective 11/1/10. Amends 85 O.S., §§3.6, 3.9, 3.10, 93, 93.2, and 201.
•Requires all Workers' Compensation Court en banc proceedings to be recorded by a court
reporter.
•Requires Court en banc orders that reverse a decision of the trial judge to contain specific
findings explaining the reversal.
•Enumerates the grounds upon which an order or award of the Workers' Compensation Court
may be modified, reversed for rehearing or set aside by the Supreme Court on appeal.
•Requires the Court Administrator to mail a certain notice to an injured worker upon the filing
of an Employer's First Notice of Injury (Form 2), rather than upon the filing of a claim
for compensation (Form 3) by the worker.
•Requires the claimant to be in attendance at the time of a mediation, unless all parties agree.
Requires all parties to be represented during the entire mediation session by a person
with full settlement authority. Permits the assigned trial judge to impose sanctions,
costs and attorney fees, for good cause, against a party that does not have full settlement
authority.
•Modifies fees payable to the Workers’ Compensation Court’s revolving fund, effective
11/1/10. Increases the Court en banc appeal fee from $125 to $175. Establishes a new
$100 fee per appeal to the Supreme Court for preparing, assembling, indexing and
transmitting the record for appellate review. Increases the fee paid by the party against
whom an award becomes final from $75 to $140. Increases the reopen fee from $75 to
$130. Increases the application fee paid by group self-insureds, individual own risk
employers and servicing companies for a permit from the Court Administrator to
operate in Oklahoma from $500 to $1,000. Establishes a new self-insurance related fee
that pertains to review by Workers’ Compensation Court personnel of interim financial
statements and/or loss runs submitted by a self-insured employer. The fee is $500 per
review, not to exceed $1,000 per employer per fiscal year of the state. It is in addition to
other fees.
SB 2054 - Effective 11/1/10. Amends 36 O.S., §924.4 and 40 O.S., §§600.4 and 600.5.
•Eliminates the Insurance Commissioner’s duty to mail a form Affidavit of Exempt Status to
requesters since posted on the Insurance Department’s web site.
•Makes changes related to regulation of Professional Employer Organizations.
SJR 66
Directs the Secretary of State to remove Enrolled HJR 1041 (2009) from the ballot at the
November 2, 2010 general election of the state in view of enactment of HB 2652 (2010). HJR
1041 was a proposed legislative referendum for a vote by the people to require Senate approval
of a person chosen by the Governor to fill a position on the Workers’ Compensation Court. HB
2652 includes Senate confirmation of judicial appointments to the Workers’ Compensation
Court.
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Section XVII - Boards, Committees
and Councils
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Boards, Committees and Councils
Individual Self-Insured Guaranty Fund Board
85 O.S., Section 66.1
The Individual Self-Insured Guaranty Fund Board is composed of from three to nine members
appointed by the Court Administrator. Each member represents an employer approved by the
Administrator as an own-risk employer. The Board manages the Individual Self-Insured
Guaranty Fund (Fund). The Fund is used to pay the workers’ compensation obligations of an
approved own-risk employer that is unable to pay a workers’ compensation award. Deposits to
the Fund are from a tax assessed against each own-risk employer at the rate of one percent (1%)
of the total compensation for permanent partial disability awards paid by the employer. The
tax is assessed until the Fund contains One Million Dollars ($1,000,000). The tax was
suspended by the Court Administrator effective April 2, 2007 and will be reinstated as provided
by law when the Fund balance reaches Seven Hundred Fifty Thousand Dollars ($750,000).
Individual Self-Insured Guaranty Fund Board members serving in 2010:
Group Self-Insurance Association Guaranty Fund Board
85 O.S., Section 66.2
The Group Self-Insurance Association Guaranty Fund Board is composed of from three to nine
members appointed by the Court Administrator. Each member is the administrator of a group
self-insurance association approved by the Administrator to self-insure. The Board manages
the Group Self-Insurance Association Guaranty Fund (Fund). The Fund is used to pay the
workers’ compensation obligations of an approved association that is unable to pay a workers’
compensation award. Deposits to the Fund are from a tax assessed against each association at
the rate of one percent (1%) of the total compensation for permanent partial disability awards
paid by the association. The tax is assessed until the Fund contains One Million Dollars
($1,000,000). The tax was suspended by the Court Administrator effective September 6, 1996
and will be reinstated as provided by law when the Fund balance reaches Seven Hundred Fifty
Thousand Dollars ($750,000).
Joseph L. McCormick, IV, Chairman
ONEOK
Oklahoma City, Oklahoma
Tammy Steichen Minter
Advance Food Company
Enid, Oklahoma
Charlotte Smith
St. Francis Hospital
Tulsa, Oklahoma
106
Group Self-Insurance Association Guaranty Fund Board members serving in 2010:
Physician Advisory Committee
85 O.S., Section 201.1
The Physician Advisory Committee was created by the Legislature in 1993 to assist the Court
and Court Administrator by providing information on various medical related matters, including
utilization review, abusive practices by health care providers, methods for evaluating permanent
impairment, treatment guidelines and utilization controls. The committee is composed of nine
members, with three members each appointed by the Governor, President Pro-Tempore of the
Senate, and Speaker of the House of Representatives. The appointments are from designated
medical specialties and congressional districts. The committee is assisted by court staff. The
committee met five times and held two public hearings during calendar year 2010. Annual
reports of the committee are available from the Court.
Physician Advisory Committee members serving in 2010:
Cindy Compton
Harrah, Oklahoma
Chris Sturm
Oklahoma City, Oklahoma
Chris Meyer
Oklahoma City, Oklahoma
Replacing Larry Watkins
Larry Watkins
Oklahoma City, Oklahoma
Jim Smelser
Oklahoma City, Oklahoma
Leroy E. Young, D.O., Chairman
Oklahoma City, Oklahoma
William R. Gillock, D.O.
Tulsa, Oklahoma
Robert L. Remondino, M.D., Vice Chair
Oklahoma City, Oklahoma
Duane G. Koehler, D.O.
Miami, Oklahoma
Reed Burk, D.P.M.
Ponca City, Oklahoma
Scott A. Mitchell, D.O.
Oklahoma City, Oklahoma
Jeff A. Fox, M.D.
Tulsa, Oklahoma
John L. Munneke, M.D.
Oklahoma City, Oklahoma
David Garrett, D.P.M.
Miami, Oklahoma
Replacing Reed Burk
C. Keith Muse, D.C.
Oklahoma City, Oklahoma
107
Advisory Council on Workers’ Compensation
85 O.S., Section 112
The Advisory Council on Workers' Compensation was created by the Legislature in 1990 to
analyze and review the workers' compensation system, reports of the Court Administrator, and
workers' compensation trends. The Council may recommend improvements and proper
responses to developing trends, and consult with the Court on oversight of independent medical
examiners.
The Council is composed of nine members, with three members each appointed by the
Governor, President Pro-Tempore of the Senate, and Speaker of the House of Representatives.
The Court's Presiding Judge and Administrator serve as ex-officio nonvoting members. The
Governor's appointees represent employers, one of whom must be from a list of nominees
provided by the predominant statewide broad-based business organization. The President Pro
Tempore's appointees are attorneys representing the legal profession in this state, one of whom
practices primarily in the area of defense of workers' compensation claims. The Speaker's
appointees represent employees, one of whom shall be from a list of nominees provided by the
most representative labor organization in the state. The Council is assisted by Workers'
Compensation Court staff and met four times during calendar year 2010.
Advisory Council on Workers’ Compensation members serving in 2010:
Blake Virgin, Chairman
Norman, Oklahoma
Governor
Howard Klubeck
Oklahoma City, Oklahoma
Governor
Jim Curry, Vice Chairman
Oklahoma City, Oklahoma
Speaker of the House
Dave Koeneke
Oklahoma City, Oklahoma
Speaker of the House
Michael Carter
Norman, Oklahoma
President Pro Tempore of the Senate
Dan Simmons
Oklahoma City, Oklahoma
Governor
T. Shane Curtin
Oklahoma City, Oklahoma
President Pro Tempore of the Senate
David Stockwell
Norman, Oklahoma
Governor
Replacing Howard Klubek
Ellen C. Edwards
Tulsa, Oklahoma
President Pro Tempore of the Senate
Sterling Zearley
Oklahoma City, Oklahoma
Speaker of the House
Kent Eldridge, Presiding Judge
Ex-officio Nonvoting Member
Marcia Davis, Court Administrator
Ex-officio Nonvoting Member
108
109
Section XVIII - Miscellaneous
110
111
History of Judicial Appointments
Oklahoma Workers’ Compensation Court
1955 Marx Childers Chairman See 85 O.S. Supp. J. Murray
D.H. Cotten Judge 1955, §69.1 J. Murray
Hubert Hargrave Judge J. Murray
Mildred Brooks Fitch Judge J. Murray
Jess B. Harper Judge J. Murray
1956 Same as 1955
1957 Marx Childers Chairman See 85 O.S. Supp.
D.H. Cotten Judge 1955, §69.1
Hubert Hargrave Judge
Mildred Brooks Fitch Judge
Jean R. Reed Judge 1957 - 1963 Gary
1958 Same as 1957
1959 Marx Childers Chairman See 85 O.S. Supp.
D.H. Cotten Judge 1955, §69.1
Hubert Hargrave Judge
Mildred Brooks Fitch Judge
Jean R. Reed Judge
1960 Harley Venters Presiding Judge 1960 - 1961 Edmondson
Marx Childers Judge
D.H. Cotten Judge
Jean R. Reed Judge
Hubert Hargrave Judge
1961 Clint G. Livingston Presiding Judge 1961 - 1962 Edmondson
Jean R. Reed Judge
Toby Morris Judge 1961 - 1963 Edmondson
J. Clark Russell Judge 1961 - 1967 Edmondson
Silas C. Wolf Judge 1961 - 1965 Edmondson
1962 Jim Ed Douglas Presiding Judge 1962 - 1963 Edmondson
Jean R. Reed Judge
Toby Morris Judge
J. Clark Russell Judge
Silas C. Wolf Judge
Judge’s Duration Governor
Year Name Position of Term1 Appointing
112
History of Judicial Appointments
Oklahoma Workers’ Compensation Court
1963 Harry V. Rouse Presiding Judge 1963 - 1965 Bellmon
J. Clark Russell Judge
Silas C. Wolf Judge
A. R. Swank, Jr. Judge 1963 - 1969 Bellmon
Keith Cooper Judge 1963 - 1967 Bellmon
1964 Same as 1963
1965 A. R. Swank,