Workers' compensation related legislative changes, 2010

              Oklahoma Workers’ Compensation Court
1915 North Stiles Avenue, Oklahoma City, OK 73105-4918
210 Kerr State Office Building, 440 South Houston, Ste. 210, Tulsa, OK 74127
(405) 522-8600 • OKC (918) 581-7214 • TU
(800) 522-8210 • In-state Toll Free
Electronic Mail: counselors@owcc.state.ok.us
2010 WORKERS’ COMPENSATION RELATED LEGISLATIVE CHANGES
The following is a general overview of workers’ compensation related legislation
passed by the 2nd Regular Session of the 52nd Oklahoma Legislature (2010). 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 of any action.
HB 1611 - Effective 11/1/10
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 2650 - Effective 8/27/10
• 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. 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
2010 Legislative Activity, Page 1 of 4