It's Been a Great Pleasure... This will be my last article in this newsletter since my term as Commissioner ends on August 26th, 2017. I have enjoyed the ride! It was exciting to help start an agency from scratch. From hiring staff, to making rules and procedures to allow for the fair and efficient processing of cases, it has been a great pleasure to be associated with such dedicated employees and talented attorneys. I have aspired to take politics out of the workers' compensation equation. Cases are solely decided on the facts and the law. I wish my successors all the best and hope they will continue the fine traditions we have begun!

Bob Gilliland, Chairman

Addressing Certificates of Non-Coverage

By: Lindsey Christopher, Commission Counsel

The Commission is proposing emergency rules to define relevant terms and clarify the regulatory role of the Commission when issuing Certificates of Non-coverage. Pursuant to 85A O.S.,§36, the Commission is responsible for issuing Certificates of Non-Coverage for "sole proprietors" and "partners of a partnership" who elect not to be covered by the Administrative Workers' Compensation Act. Because these terms are not defined by the Act, there is some question as to whether certain members of Limited Liability Companies are eligible to apply for a Certificate of Non-Coverage. As a result, insurance companies and employers are subjected to unnecessary risks by contracting with LLCs. To avoid the increased risk of liability, general contractors have either declined to do business with LLC subcontractors or have required individual members of LLCs to obtain workers' compensation coverage when it would not otherwise be required.

The Commission is proposing emergency rules in an effort to address these concerns. The Proposed Emergency Rules and Rule Impact Statement are available here.

The Commission invites all interested parties to participate in the rulemaking process by submitting written comments to rules@wcc.ok.gov through July 26, 2017, and by attending the public hearing on July 27, 2017, in Commission Chambers on the 2nd Floor of the Denver N. Davidson Building, 1915 N. Stiles Avenue, Oklahoma City, Oklahoma.

Legislative Update Commissioner Mark Liotta The 2017 session of the Oklahoma Legislature ended in bitter disappointment for the Workers' Compensation Commission. For the second year in a row, our legislative requests for purely administrative language designed to clean-up Title 85A, the workers' compensation statutes, and fully fund the Commission from the tax on workers' compensation premiums failed to receive a full hearing. Although the requested language developed no spoken opposition, and the Commission receives no state money through appropriations, the climate surrounding the extreme budget difficulties for this year squeezed the opportunity for advancement of our issues to the final couple weeks, and time ran out. The most troubling frustration was the inability to get legislation heard which reinstated the affidavit of exempt status for small Oklahoma companies which are exempt from workers' compensation coverage by statute. This was the method companies used to declare their exemption in bidding and contracting, until the Legislature instituted the certificate of non-coverage. The certificate put the Commission in the position of granting exemptions, as opposed to the business declaring its own exemption. This has proved to be a limited, difficult and inefficient change, and most stake-holders have agreed to revert to the previous system. Representative Glen Mulready worked very hard to advance this bill, but it failed to receive a hearing in the Senate. The Commission will continue to issue the limited certificate of non-coverage in the affidavit's place, until this situation can be rectified.  The Commission will continue to visit with Legislators and educate them on the specifics of administrative issues in workers' compensation so we may pursue these issues again next session.

4th Annual Educational Conference Registration is Now Open! By: Scott Chance, Communications and Administrative Director As of July 1st, 2017, registration for the 4th Annual Oklahoma Workers' Compensation Educational Conference is open.  We have a great selection of speakers presenting on topics ranging from the most recent updates to the Affordable Care Act, a panel on Alternatives to Pain Management, Ethics, Legislative Updates, and many more. Our Annual conferences are marketed towards attorneys, certified case managers, certified disability management specialists, certified rehabilitation counselors, HR professionals, and insurance professionals. However, anyone working in the workers' compensation industry who wants to learn more is welcome! The conference will provide content for those experience professionals and those who are looking an entry level track. You can register here. Scott Chance can be reached for questions about the conference at (405) 522-8606 or scott.chance@wcc.ok.gov

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

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.