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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
Object Description
Okla State Agency |
Workers' Compensation Court, Oklahoma |
Okla Agency Code |
'369' |
Title | Workers' compensation related legislative changes, 2010 |
Alternative title | Bill summary 2010 |
Authors | Oklahoma. Workers Compensation Court. |
Publisher | Oklahoma Workers' Compensation Court |
Publication Date | 2010-09-20 |
Publication type |
Laws/Rules |
Subject | Workers' compensation--Law and legislation--Oklahoma. |
Purpose | 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. |
OkDocs Class# | C6500.3 R382l 2010 |
Digital Format | PDF, Adobe Reader required |
ODL electronic copy | Downloaded from agency website: http://www.owcc.state.ok.us/PDF/LegChanges/Bill%2520Summary_2010_Website%2520Version_Final.pdf |
Rights and Permissions | This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders. |
Language | English |
Date created | 2013-05-13 |
Date modified | 2013-05-13 |
OCLC number | 890223535 |
Description
Title | Bill Summary_2010_Website Version_Final 1 |
Full text | 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 |
Date created | 2013-05-13 |
Date modified | 2013-05-13 |
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