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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) 1 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 2 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 3 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. 4 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 6 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, 7 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. 8 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. 9 10 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. 11 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. 12 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. 13 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. 14 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. 15 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. 16 17 Section I - Overview 18 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. 76 77 Section XII - Dispute Prevention 78 79 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 80 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 81 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. 82 83 Section XIII - Informal Dispute Resolution 84 85 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. 86 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. 87 Section XIV - Departmental Activity 88 89 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 90 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 91 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 92 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. 93 Section XV - Fiscal Year Expenditures 94 95 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 96 97 Section XVI - Legislative Activity 98 99 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. 100 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’ 101 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 102 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. 103 Section XVII - Boards, Committees and Councils 104 105 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,
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Title | Workers' Compensation Court Annual Report 2010 |
OkDocs Class# | C6500.3 A615 2010 |
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ODL electronic copy | Downloaded from agency website: www.owcc.state.ok.us/AnnualReport/2010%20OWCC%20Annual%20Report.pdf |
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Language | English |
Full text | 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) 1 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 2 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 3 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. 4 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 6 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, 7 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. 8 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. 9 10 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. 11 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. 12 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. 13 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. 14 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. 15 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. 16 17 Section I - Overview 18 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. 76 77 Section XII - Dispute Prevention 78 79 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 80 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 81 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. 82 83 Section XIII - Informal Dispute Resolution 84 85 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. 86 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. 87 Section XIV - Departmental Activity 88 89 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 90 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 91 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 92 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. 93 Section XV - Fiscal Year Expenditures 94 95 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 96 97 Section XVI - Legislative Activity 98 99 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. 100 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’ 101 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 102 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. 103 Section XVII - Boards, Committees and Councils 104 105 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, |
Date created | 2011-07-21 |
Date modified | 2011-10-27 |
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