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Volume 4 - October 5, 2016
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 From the Chairman
Has there been anything more
controversial in Oklahoma government in the past five years than the adoption,
legality and implementation of the Oklahoma Administrative Compensation Act? Although I was not directly involved with the Act, I understand that there were widely divergent arguments made together with compromise. The legality of some parts of the Act has been challenged. Some of those challenges have been decided by the Oklahoma Supreme Court, others remain.
Concerning implementation, the Commission has attempted to engage all the stakeholders to have a voice in setting up the rules, forms and other processes to administer the system. While there have been differences of opinion expressed by many, I would prefer to focus on what, surely, all those engaged in the system should be able to agree upon. First, that the workplace should be as safe as possible to protect against avoidable injuries. Second, if an employee is injured, he or she should receive the fastest and best medical care possible. Third, everything possible should be done to ensure that the injured worker receives benefits and continued care that allows him or her to return to work as soon as medically possible. Fourth, in cases where permanent disability is involved, the worker should receive a hearing within a reasonable time frame and fair award for benefits.
I believe that if we continue to focus on improving the processes that have been put in place, together we can do this!
Bob Gilliland, Chairman
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Click here for CONFERENCE AGENDA
You can still register for
the 2016 Oklahoma Workers' Compensation Educational Conference, October 13-14
at the Embassy Suites Norman, Hotel & Conference Center. For registration
information or if you are interested
in being a sponsor or exhibitor, click
here.
Registration check-in begins at 6:30 a.m. and opening general session begins at
7:30 a.m. Conference adjournment is at 12:00 noon on Friday.
For more information, call 405-522-8606.
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 Commissioner Appointment
Jordan Russell succeeds Dr. Leroy Young, whose resignation from The Commission was effective October 3, 2016. Jordan will serve the remainder of Young's term, which expires in August 2019. The appointment still must be confirmed by the Senate when it convenes next Session.
Russell is a fourth-generation Oklahoman who
most recently served as Policy Director and Counsel to Oklahoma House Speaker
Jeff Hickman. Prior to his time with the Legislature, he worked as a practicing
attorney with the Gungoll, Jackson, Box & Devoll law firm in its downtown
Oklahoma City office. It was there he worked on the defense of many personal
injury and employment law cases and assisted with workers’ compensation cases.
"Jordan is knowledgeable about workers' compensation cases, both from his time as a practicing attorney and as policy director for Speaker Hickman," said Governor Fallin on making the appointment. "His experience will be very helpful on the Commission, which is helping get injured employees back to work and the treatment they need, as well as reducing costs for Oklahoma business."
Commissioner Russell earned a bachelor’s degree in agricultural
sciences from Oklahoma State University and his law degree from the University
of Oklahoma College of Law. He and his wife, Jessica, and their two children
live in Oklahoma City.
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Pay Bills Online
The Commission can now accept fee and noncompliance payments online via
our online web bill pay site!
You will now be able to pay the following online:
- Non-Compliance Fines
- OWN Risk and TPA Application Fees
- Certificate of Non-Coverage Application Fee
- Final Order, Re-Open, Oral and Supreme Court Appeals Fees
- Copy Account Balances
- Handbook Costs
There is a $1.00 merchant processing fee per transaction.
A button is located on the right side of our Home Page (www.ok.gov/wcc) that will take you to the Secure Web Pay Site.
Web Pay Site instructions are available by clicking here.
The Web Pay Site is Cybertrust Certified. This link will take you to the
Verizon Cybertrust Security Certification page.
If you have any questions or need
assistance with the Web Pay Site,
contact Jennifer Reeves at
405-522-9079 or by email Jennifer.Reeves@wcc.ok.gov.
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 Legislative Update
With
the close of the 2016 Legislature, several changes are in store for the
2017 session. There will be new leadership in both houses, and a
significant percentage of the
membership in both chambers will be newly elected. With new leadership
comes new priorities and possible changes in committee chairmanships.
Workers’ compensation legislation is currently handled through the
Senate and House Judiciary Committees.
In
February, the Workers’ Compensation Commission will attempt passage of
legislation similar to our efforts of the previous year; a technical
cleanup bill which does not affect
benefits or policy, and a budget bill. Since the Commission receives no
state dollars, our focus will be to properly fund our 2017-2018 fiscal
year operations from within the Commission’s revolving fund.
The Legislature sets the amount
available from that fund. A tax assessed on workers’ compensation
insurance premiums and self-insured employers provides the dollars in
this fund as well as providing for the Court of Existing
Claims and a portion of the Multiple Injury Trust Fund. These funds are
restricted to workers’ compensation expenditures of the State, and are
not available for any other purpose.
The legislative session runs from noon, Monday, February 6th to Friday, May 26 NLT 5:00 p.m.
Mark Liotta
Commissioner
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Oklahoma Workers’ Compensation Commission
OKC
Location
(405) 522-3222
1915 N Stiles Ave, 231
Oklahoma City, Oklahoma 73105
Tulsa
Location
(918) 295-3732
212 Kerr State Office Bldg.
440 South Houston
Tulsa, Oklahoma 74127
W9 Now Online
The
Business Office is pleased to inform you that the Commission’s W9 is now
accessible through our website. To view the form
Employees and Employers
Informational materials for employees and employers are available on our website: www.ok.gov/wcc.
For Commission
Public Meetings
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.
Electronic Form Filing
Save time and postage by filing your CC-Form-4 Report of Compensation Paid online on our website www.ok.gov/wcc under electronic forms. If you choose, you may receive an email confirmation with a unique submission number and a time date stamp. Submitting online simplifies the process but if you have any issues, please call the Counselor Division 522-5308 or toll-free
1(855) 291-3612.
Handbooks
Commission handbooks can still be purchased. The handbook contains a copy of Title 85A of the Oklahoma Statutes, along with the Commission's permanent rules, hearing conduct rules, disability benefit charts, maximum compensation rates, a summary of
the Commission's forms, and crosswalks/disposition tables from the prior law to the new.They are available for $45.00 each and can be purchased with cash, check or credit card at our OKC location or with cash or check at our Tulsa location. They can also be mailed; you will be responsible for shipping charges. Contact Purchasing@wcc.ok.gov for more information.
Regulations and Administrative Rules
The Commission's current proposed Administrative Rules will be effective September 11, 2016.
Please go toour website www.ok.gov/wcc to view the rules.
Self-insured
Own Risk Employers
Please
note there is an updated application located on the Commission’s website, www.ok.gov/wcc, under the
Forms tab. The
application is titled
Form – SI Employer.
There is also an updated Form-7,
Designation of Service Agent, on the same page, titled CC-Form 7.
Please begin using both of these updated
forms.
Sign up Now for Updates
Please check out our website www.ok.gov/wcc to sign up for the latest news and updates. Simply indicate whether you want the update by text or email, then check your subscription preferences and you are all set to be fully informed on Commission activities.
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 Medical Fee Schedule Update
Medical Director Jay P. Cannon
Commissioner LeRoy Young assembled a Task Force of over twenty stakeholders including physicians, payers, insurance carriers, employers, and a number of fee schedule experts within the state. The task force gathered, beginning in April, to review the Medical Fee Schedule as required by Title 85A. Four meetings were held and the initial phase of work is completed. The recommendations of the Task Force will be presented to the Commission and recommendations for appropriate rule changes will be initiated.
There will be no major changes in the Medical Fee Schedule this year; however, rules may be added to address new or eliminated codes.
The group will continue to update and clarify the ground rules and to continue the discussion of a more complete update of the Fee Schedule in the coming year.
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 From the Bench
Case law
update
As an Administrative Law Judge
tasked with application and interpretation of the Administrative Workers' Compensation Act, it is beneficial and
instructive to receive guidance from the higher courts. Recently several cases have been decided by
the Supreme Court and Court of Civil Appeals. A brief summary of those cases and holdings are set forth below.
Holiday
Inn & Suites v. James Knight (Unpublished) Court of Civil Appeals, Case No. 114,136
Filed June 3, 2016
ALJ found Claimant sustained a
compensable injury and authorized a discogram. The Commission En Banc affirmed the ALJ's
finding of compensability, denied the discogram, and authorized surgery. Employer alleged Claimant's injury was excepted from the definition of
compensable injury pursuant to Title 85A O.S. 2(9)(b)(5)
[degenerative condition]. The Court of
Civil Appeals sustained the order of the Commission En Banc.
Annette
Legarde-Bober v. Oklahoma State University, Supreme Court, 2016 OK 78
Filed June 28, 2016
ALJ denied compensability of
the claim and found that Claimant was not in the course and scope of her
employment when she slipped and fell in the parking lot before her work shift
began. The Commission En Banc affirmed
the denial. The Supreme Court reversed
and found that Claimant was in the course and scope of her employment as
defined by Title 85A O.S. 2(13) because her actions at the time of her
injury were related to and in furtherance of her employer and she was on her
employers premises when she fell. The
Supreme Court further stated the exception enumerated in subsection C of that
statute (injury in a parking lot or common area before an employee clocks in...) did not apply until the employee left the premises.
Gwendolyn
Henderson v. IHS Wynnewood Care Center (Unpublished) Court of Civil Appeals, Case No. 114,330
Filed July 22, 2016
ALJ denied the request for a
finding of consequential psychological overlay and request for treatment. There was no dispute that Claimant had
preexisting psychological difficulties. The Commission En Banc affirmed. The Court of Civil Appeals reversed and
found there was reliable, material, probative, and substantial competent
medical expert testimony to support a finding that Claimant sustained a
significant and identifiable aggravation of her preexisting PTSD condition.
Jacob
Bradley v. Superior Fabrication Inc. (Unpublished) Court of Civil Appeals, Case No. 113,924
Filed August 23, 2016
ALJ denied the claim and found
Claimant had a preexisting chronic, back condition unrelated to work. The Commission En Banc affirmed. The Court of Civil Appeals found that Claimant
failed to offer a cogent argument with legal authority in support of its
position that the ALJ's order was against the clear weight of the
evidence.
Jonnie
Vasquez v. Dillards,
Supreme Court, 2016 OK 89
Filed September 13, 2016
Employer appealed order of
Commission En Banc which found the Oklahoma Injury Benefit Act (Opt Out Act) was unconstitutional. The Supreme Court found that the Commission
is without authority to determine the facial constitutionality of the Opt Out
Act as a special law as set forth by Robinson v. Fairview Fellowship Home
for Senior Citizens, Inc. (2016 OK 42, 371 P.3d 477). The Supreme Court acknowledged it has the
authority to address the constitutional issues raised and concluded that the
Opt Out Act was an unconstitutional special law in violation of Oklahoma
Constitution, Art. 2, Section 59.
P. Blair McMillin
Administrative Law Judge
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Filing an Appeal with
the Commission
When filing an appeal with the Oklahoma Workers' Compensation Commission, one original and two copies should be filed with the appeal, along with the cost of the Appeal in the amount of $175. Written arguments may be no longer than five (5) pages and one original and four copies should be filed.
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Certificate of Noncoverage
The Application for the Certificate of Noncoverage was approved by the Commission in April and may be found on the Commission's website www.ok.gov/wcc on the Forms tab. Please note that, according to Title 85A O.S. § 36, a certificate may be issued only to a sole proprietor or a partner in a partnership. Title 85A O.S. § 8(B) may offer some relief to those who do not qualify as a sole proprietor. Additional information regarding what counts as a sole proprietor is located online with the Secretary of State.
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