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Volume 6 - April 21, 2017
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Marking the Third Anniversary of the Commission
We are just entering our third year of operation at the Oklahoma Workers' Compensation Commission. It appears that cases are processing smoothly through the system. Compensable awards are being paid and workers who were once injured are returning to work as soon as medically possible. I want to express my appreciation to the staff and stakeholders of the Commission for their cooperation in preparing and presenting the cases for early decision.
There have been several articles recently written in The Oklahoman, OKC Friday, and the Tulsa Today praising our system. A recent article was just published by the Oklahoma Council of Public Affairs in its April 2017 Perspective magazine. I have attached the link to the article for your review: http://www.ocpathink.org/article/workers-comp-reform-is-working
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Bob Gilliland, Chairman
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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3 Practices for Safeguarding Employees from Opioids
By Commissioner Jordan K. Russell, JD
Educate Employees on the Risks of
Opioids
An informed employee is a safer employee. Employers should
educate their employees on risks associated with prescription opioids. Arming
employees with questions to ask their healthcare providers and information on
the addictive, deadly power of prescription opioids will allow them to make
smarter healthcare decisions if an when an injury or illness occurs.[1] Management and employees should always know
where to find confidential treatment if opioid abuse becomes a problem.
Update Drug Use
Policies to Cover Prescription Drug Use
An employer’s drug-free workplace policy should be updated
to address prescription drug use in the workplace.[2] The National Safety
Council advises that an effective policy should address even prescription drugs
used by employees under a doctor’s orders, requiring the employee to consult
his or her health care provider and pharmacist with whether a prescription or
over-the-counter drug may interfere with the safe performance of his/her job. Employers
can help with this charge by providing the employee with an accurate and
detailed description of the employee’s job duties to review with healthcare
providers.[3] The policy should also direct
employees to use appropriate personnel procedures such as using sick leave or
requesting a change of duty if a prescription drug in conjunction with the
employees’ normal job duties could cause safety hazards.[4] Employers should be aware
that the Americans with Disabilities Act provides protections for employees whose
condition is considered a disability and may require employers to accommodate
an employee using prescription drugs.[5]
Ensure Drug
Testing Protocol Detects Opioids
Employers should review their drug testing policies to make certain their
practices keep prescription drugs in check. In Oklahoma, the opioids
hydrocodone, oxycodone, and tramadol comprise some 27 percent of all workers’
comp prescriptions written.[6] Employers
should be aware that the commonly used five-panel urine drug test, which tests
for opiates, cocaine, marijuana, PCP
and amphetamines, is not reliable to detect synthetic or semi-synthetic opiates.[7] Hydrocodone, oxycodone,
fentanyl and methadone are all drugs that will go undetected.[8] Employers should consult
their drug testing vendors to ensure that commonly prescribed opioids are
tested.
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[1] The Proactive Role Employers Can Take:
Opioids in the Workplace [Scholarly project], p. 7. (n.d.). National
Safety Council. Retrieved April 17, 2017, from
http://www.nsc.org/RxDrugOverdoseDocuments/proactive-role-employers-can-take-opioids-in-the-workplace.pdf
[2] Id.
[3] Miller,
S. (2017, March 17). As Opioid
Epidemic Rages, Worksite Policies Overlook Prescribed Drugs [Scholarly
article]. In Society for Human Resource Management. Retrieved April 17,
2017, from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/workplace-rx-drug-policies.aspx
[4] The Proactive Role Employers Can Take:
Opioids in the Workplace [Scholarly project], p. 8. (n.d.). National
Safety Council. Retrieved April 17, 2017, from
http://www.nsc.org/RxDrugOverdoseDocuments/proactive-role-employers-can-take-opioids-in-the-workplace.pdf
[5] Americans With
Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), see also The Proactive Role Employers Can Take:
Opioids in the Workplace [Scholarly project], p. 8. (n.d.). National
Safety Council. Retrieved April 17, 2017, from
http://www.nsc.org/RxDrugOverdoseDocuments/proactive-role-employers-can-take-opioids-in-the-workplace.pdf
[6] Medical Data Report for the State of:
Oklahoma [Scholarly project], p. 42, Chart 36. (2016,
September). National Council on Compensation Insurance.
[7] Heit, H., MD, & Gourlay, D., MD.
(2015, July 2). Philosophy of Urine Drug Testing In Pain
Management [Scholarly project]. In Prescribe Responsibly. Retrieved
April 17, 2017, from http://www.prescriberesponsibly.com/articles/urine-drug-testing
(emphasis added).
[8]
Id.
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Legislative Update
Commissioner Mark Liotta
The 2017 legislative session began with an influx of 45 new
members, and significant filing of workers’ compensation related bills.
Twenty Five bills were filed which had some germaneness to
workers’ comp. Of those, there are four remaining which have survived the
committee and floor process at this time.
Two bills, HB 1462 by Echols and SB 737 by Sykes, have
progressed to the opposite House for consideration, and are intended to serve
as Workers’ Compensation Omnibus bills, comprising the interests of several
stakeholder groups.
It is common for omnibus bills to move through the
legislature with “place holding” language, and the entire bill to be reworked
when it goes to a conference committee. That appears to be the destiny for
these two bills.
During a fiscal year when there is a significant funding
shortfall, the budget maintains highest priority and the focused attention of
legislators, but at the point a budget deal is effectuated, we can expect to
see a shift of focus onto these omnibus bills in conference committee.
HB 2242 by Mulready has passed the House and Senate
Committee, and is intended to recreate the Affidavit of Exemption, which was
the previous method employers used to establish exemption from obtaining
workers’ compensation insurance under statutory criteria.
This affidavit was replaced with a Certificate of
Non-Coverage during the 2013 legislative reform effort, but that method has
proven inefficient, cumbersome, and labor intensive.
The language recreating the affidavit is also included in
the omnibus bills as a safeguard for passage.
HB 1572 by McEntire is a reform bill requested by the Self
Insurance Guaranty Fund Board, allowing for more efficient and prudent
management of funds which are held to protect injured workers in the case of a
self-insured business’ bankruptcy.
The bill also seeks to lower the trigger at which an
assessment is required to shore up the reserve funding. The bill has passed the
House and is headed to Senate committee.
The Legislature is constitutionally required to
complete business, Sine Die, by the last Friday in May.
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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.
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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By: Scott Chance, Communications and Administrative Director
Prior to the creation of the Oklahoma Workers’ Compensation
Commission and reform efforts, most workers’ compensation policy shareholders
understood the reality of the skyrocketing premium costs for employers in the
State of Oklahoma. This reality was contributing to a suppressed environment where both
employers, prospective employers, and employees were adversely affected.
Fast forward to this year, the success of the reforms have
shown incredible progress. According to information compiled by the
Oklahoma Insurance Department, Workers’ Compensation insurance premiums have
been reduced by 30% or $288 million since 2013. This reduction allows employers
to hire more workers, raise wages, provide more benefits, and invest in safer
work places. Additionally, it has given a much needed advantage when competing
with other states for jobs to be moved to Oklahoma from out-of-state employers.
When coupled with a more efficient and timely delivery of
medical care to injured workers, the current and future environment for workers
and employers looks bright.
Scott Chance can be reached for media inquiries at (405) 522-8606 or scott.chance@wcc.ok.gov
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Medical Fee Schedule Update
By: Dr. Jay Cannon, Medical Director, and Eric Russell, Legal Operations Director.
In an attempt to add consistency and enhance the accuracy of
the Commission’s responses to questions pertaining to the Oklahoma Schedule of
Medical and Hospital fees, the Workers’ Compensation Commission has added an
email address to which medical providers, carriers, third-party administrators
and others may direct fee-schedule related inquiries. Since the introduction of that address, the
Commission has received questions almost daily.
Below are some examples of frequently asked questions that have been
directed to the Commission’s fee schedule email address, feeschedule@wcc.ok.gov:
Question- Are we
still using 2012 Medical Fee Schedule that was developed by the Workers
Compensation Court?
Answer- Yes, 85A O.S. §50 stipulated that the most
current Fee Schedule adopted by the Workers’ Compensation Court remain in
effect, unless or until the Legislature approves a proposed Fee Schedule
adopted by the Commission. The
Commission adopted the 2012 Fee Schedule through enactment in its own rules
(OAC 810:15-3-2). The Commission website
provides access to the Commission’s rules: www.wcc.ok.gov. Navigate to “About the Commission”, then
“Governing Documents.” The most current
version of the rules is titled “Commission Rules (effective 9-12-16)”
Question- When will a new Fee Schedule be available?
Answer- In order to make any changes to the Fee Schedule,
the Commission would review and submit its recommendations to the Legislature
for approval by joint resolution. The
Commission is reviewing the Medical Fee Schedule and hopes to make a proposal
to the legislature this year.
Question – Some payers are requiring an inpatient DRG to be
included when billing for outpatient services.
Are we required to comply?
Answer – Ambulatory Surgical Center Services ground Rule 4
provides that maximum allowable reimbursement for ambulatory surgical center services
is the lesser of:
- The ambulatory surgical center’s usual and customary charge; or
- 60% of all ambulatory surgical center audited charges; or
- The maximum reimbursement allowed under the Inpatient Hospital services Ground Rules for similar services provided in an inpatient hospital, which would be billed using a DRG.
Since the computation requires comparison
between several potentially varying amounts, a DRG corresponding to “similar
services” should be provided to make that comparison.
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Judge Inhofe's Move To
Strike bowling team finishes the year in style.
Move To Strike competed again this year in the Tulsa County
Bar Association Lawyer League bowling. Comprised of staff and attorneys
from the Workers' Compensation Commission, Move to Strike finished the year
with a 3 to 1 win against the Brew Crew. Judge Inhofe bowled her highest
game ever which pushed her to a 110 scratch average for the year. Move to
Strike as a whole showed great improvement this year and we look forward to
killing it next year.
Thanks to a great year Judge Inhofe, we can't wait until next season.
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Certificate of Noncoverage
The Application for the Certificate of Noncoverage 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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