Legislative Update
As the Oklahoma Legislature approaches the midpoint
of the legislative session, many issues remain unresolved, including
modifications of current workers’ compensation statutes. As is common in the
second session of a Legislature, members can be reluctant to dive into any
possibly controversial issue, and many efforts languish in committee without a
hearing. This is not altogether frustrating, but can lead to many surprise
outcomes as a budget deal is struck, and the legislative leadership is eager to
conclude business.
The “clean-up” language for Title 85A proposed by
the Workers’ Compensation Commission did not receive a hearing. Efforts are
being made to include that language in an “omnibus” bill that may contain many
other ideas surrounding workers’ compensation. Once bills have cleared
committee in both Houses, the next step will be the budget process wherein the
Workers’ Compensation Commission and Court of Existing Clams will learn of
their respective distributions from the Workers’ Compensation Premium Tax,
their primary source of funding.
Also, the Workers’ Compensation Commission is
undergoing a minor update to its rules. The Commission has held public hearings
on the draft, and voted to approve the new rules. They now go forward for
legislative approval.
Mark Liotta, Commissioner
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Plan to attend the 2016 Oklahoma Workers' Compensation Educational Conference, October 13-14 at the Embassy Suites Norman, Hotel & Conference Center. Early bird registration opens online July 1 - click here for details. If you are interested in being a sponsor or would like to reserve an exhibit booth, please call 405-522-8606 for more information. |
Medical Alert
Medical Director Jay P. Cannon, MD
We are now processing the first IME renewals since the two
year grace period has expired for IMEs to document Commission educational
requirements. The following are important items that must be documented in your
renewal application:
1.
All IMEs must attend Commission provided
educational activities at least one time in each two year period. This
opportunity is provided at the Commission’s Annual Conference. This must be
documented on CC-FORM-463 line 14 (IME application).
2.
All IMEs who rate impairment must document
training in the most recent edition of the AMA Guides which is currently the 6th
Edition. This one time requirement must be documented on CC-FORM-463 line 14
(IME application).
3.
All treating physicians must document training
in the Official Disability Guidelines (ODGs). This one time requirement must be
documented on CC-FORM-463 line 14 (IME application).
4.
These are required by the Commission Rules which
can be found on the Commission Website at www.ok.gov/wcc.
Phil LeFevre from the Work Loss
Data Institute, which produces the ODGs, will make a presentation at the Annual Worker’s Compensation Commission
Conference October 13-14, 2016. Attending the Conference in October will
satisfy all three of the listed education requirements.
Attorney Leave Requests
Attorney Leave Requests to the Commission and Court of Existing Claims can now be submitted via the Commission's website. To the view the page, click here: Attorney Leave Request. Please be advised that a request made with less than 7 weeks' notice, to the Commission and Court of Existing Claims, is late and hearing(s) might already be noticed. No hearing(s) that were noticed will be reset without the judge's approval. If you have any questions, please contact Docket Supervisor, Valerie Rossiter at 405-522-3222.
 An Introduction to Behavior-Based Safety
Clif Cypert, Human Resources Director
MHR, SPHR, SHRM-SCP
Part 1 of a 3-part Series
Having worked in the manufacturing sector for more than a decade with responsibilities for Human Resources and Safety, behavior-based safety is a topic that is near and dear to my heart. Many manufacturers in the state use some sort of incentive program to motivate safe work habits. These safety programs often incentivize non-reporting of injuries rather than safe work practices. Take, for example, the ever popular safety bingo. Employees play bingo and for every day there is no injury, $10 is put into the pot, then a number is drawn and posted on the employee bulletin board. The game continues until someone wins or until an injury occurs and the game starts over. Sound like a good idea? The employer offers a financial reward for working safely and as long as there are no injuries, and the game continues and some lucky soul eventually wins some money. What actually happens in practice is two-fold. One, people quickly figure out that if someone reports an injury, the game ends. Therefore, everyone stops reporting injuries because they want to retain their chance to win the bingo pot. The second thing that happens is more nefarious. A culture of peer pressure in which employees aggressively try to influence each other to not report injuries develops. Before long, the entire facility is now actively working together to not report injuries. This creates a false sense of a safe workplace where problems get hidden and potentially more problematic or dangerous situations are allowed to go unchecked or worsen.
Fortunately, there is an alternative...
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General Information
About Records
Filings concerning any case before the Workers’ Compensation Commission are made at the counter in Room 232A. The Records Department accepts filings between the hours of 8 a.m. and 5 p.m. Monday through Friday, except on designated state holidays. Forms can be located on the Commission’s website: www.ok.gov/wcc. Most forms indicate in the upper left hand corner the number of copies that are required at the time of filing, whether just the original is required, or an original and 4 copies.
COURT FEES:
$140 - FILING FEE
$130 - RE-OPEN FEE
$175 - APPEAL TO THE COMMISSION
$100 - PREPARATION OF SUPREME COURT RECORD
Pursuant to Commission Rule 810:10-5-31(f), depositions, interrogatories, interrogatory answers, requests for production of documents and other things, requests for admissions, or responses thereto will not be accepted by the Commission, except by order of the assigned Administrative Law Judge.
Please note that the Commission will not accept medical records or documentation attached to the CC-Form 9, CC-Form 10M, or CC-Form 19, in accordance with the form instructions.
When filing a Request for Review or Written Argument to the Commission pursuant to Rule 810:10:5-66, a copy of the Administrative Law Judge’s Order, Designation of Record (if not yet filed) and Certificate of Service, along with an original and two (2) copies of the Request for Review, should be filed. Written Arguments are to be no more than five (5) pages with no appendix or other attachments. Written Arguments require an original and four (4) copies.
Norma McRae, Commission Clerk & Records Supervisor
 The High Cost of Mis-Classifieds
According to the U.S. Department of Labor, the misclassification of employees as independent contractors presents one of the most serious problems facing affected workers, employers and the entire economy. Misclassified employees often are denied access to critical benefits and can generate substantial losses to the federal government and state governments in the form of lower tax revenues, as well as to state unemployment insurance and workers’ compensation funds. If you have questions or concerns on how we are addressing this issue in Oklahoma, please contact the Compliance Division of the Oklahoma Workers' Compensation Commission at 405-522-3222 or call toll free: 1-855-291-3612.
Ray Andrews, Compliance Director
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 From the Bench
"Resets"
and "Reset when Ready"
In
the first Commission Newsletter, I stated the Administrative Law Judges would
do our best to make the hearing processes as effective and efficient as
possible. One area in which we would
like to improve is regarding the pre-hearing conference dockets. Often heard is the phrase: "just need a reset on that one Judge." To be sure,
resets are useful and often necessary, but they are seemingly overused. The downside to "just resetting" is that it creates additional work for agency staff,
additional appearances for attorneys, added costs for the parties and generally
delays in the resolution of issues. My
encouragement to all is that we do our best to resolve as many issues as
possible at the scheduled pre-hearing conferences, and if an issue is not quite
ripe, the better announcement would be to "reset when ready." All the ALJs should be approachable and helpful to get cases back
onto a docket in an expedited fashion when warranted. We appreciate everyone's efforts to help us minimize the necessity of
multiple resets on the pre-hearing dockets.
The
announcement of "reset when ready"
typically means the case will not be placed back on the docket until the
parties agreed the issue is ready to be discussed or resolved. When the case
becomes ready, the moving party has the option of filing a motion to place the
case back on the docket or may approach the assigned judge, with the Commission
file in hand, and request being placed back on the docket. Time sensitive
issues will always be considered and given priority or a date certain when
warranted.
As to those cases wherein
the only remaining issue is permanent partial disability, and a "reset when ready" announcement has been made
because we are awaiting the Supreme Court's ruling on issues
pertaining to awards of permanent partial disability, the ALJs and Commission
will develop an efficient procedure for the parties to get these cases, which
are being held in queue, to hearing as soon as possible. We will communicate
the upcoming procedure on these types of cases in the near future. As always, if someone has a suggestion or
question, please feel free to contact me.
T. Shane Curtin
Chief Administrative Law Judge
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Common Questions
Eric Russell, Director of Counseling Services
Below are some common questions received by the Counselors' division . We receive a large variety of different inquiries, and some of these questions are already covered by the materials offered online, but we feel as if they deserve special emphasis.
Q: Are my workers' compensation benefits taxable?
A: Generally, no, there are no tax implications to the collection of workers' compensation benefits unless you are collecting social security disability benefits.
Q: I am unable to work my full hours due to a work-related injury and am making less pay. Am I entitled to any compensation?
A: You may be able to receive some compensation for reduced pay if your pay in the alternative work is less than your temporary total disability rate. The amount of the benefit is 70% of the difference between the light duty pay and your average weekly wage, not to exceed the temporary total disability rate.
Q: Am I allowed to choose my own doctor?
A: In Oklahoma, the employer and/or their workers' compensation insurance carrier chooses the treating physician. If the employer does not provide reasonable and necessary care within five (5) days of notice or knowledge that a work-related injury has occurred, then the employee may choose a doctor.
A change of treating physician may be requested by filing a CC-Form-A with the Commission, if a CC-Form-3 is already on file.
Q: Where can I access the workers' compensation laws and rules?
A: The Administrative Workers' Compensation Act can be accessed at the Oklahoma State Courts Network online: www.oscn.net. Click on "legal research," then "Oklahoma Statutes Citationized." The Workers' Compensation laws are codified in Title 85A.
The rules of the Workers' Compensation Commission can be found at www.ok.gov/wcc. Click on banner #6 "Legal" then "Commission Governing Documents." The current rules are under "Commission Rules (effective 8-27-15)."
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