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Volume 11, September 5, 2018
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The Chairman's Corner:
Affidavit of Exempt Status
Chairman Mark Liotta
How often does anyone in government find the opportunity to
reduce cost, remove a layer of bureaucracy, and make things easier for small
business?
Achieving all three in one effort is exceedingly rare, but I
believe Oklahoma has recently done so in the workers’ compensation system by
replacing a bureaucratic four-step process with a simple form.
It is a bit of “inside baseball”, but I believe it is
important to highlight these homeruns when they are hit out of the park.
Prior to the Oklahoma Legislature’s 2013 workers’
compensation reform efforts, any Oklahoma small business who was statutorily
exempt from providing workers’ compensation coverage merely had to complete an Affidavit
of Exempt Status (Affidavit) to that effect. This system was simple and based on
businesses making the determination for themselves. Accountability was provided
by the Labor department, to identify those who improperly avoided compliance.
With the 2013 creation of the Workers’ Compensation
Commission (WCC), the Affidavit was effectively replaced with the Certificate
of Non-Coverage (Certificate), which required businesses to submit an
application to the WCC.
It seems clear, the well-meaning intent of the Certificate was
to increase compliance with statute and better ensure coverage of Oklahoma
workers. This required the labor of WCC employees to receive the applications
and process the fees, investigate the businesses, process the evaluations, and
issue the Certificates or denials in a timely manner.
Unfortunately, the legislation failed to include some small
business types which had previously been eligible for the Affidavit. This
created frustration for small businesses who were no longer eligible, and then
forced to purchase unnecessary coverage.
Recognizing this unintended outcome, WCC staff worked tirelessly
with the Legislature to reverse course, and reinstate the Affidavit. This last
legislative session, with the help of Representative Glen Mulready of Tulsa,
Senator James LeeWright of Sapulpa, Governor Mary Fallin, and Denise
Johnson with the Oklahoma Independent Insurance Agents, Oklahoma’s legislature
passed a bill to reinstate the Affidavit and eliminate the Certificate process,
its layer of bureaucracy, ambiguity, and associated unnecessary costs.
Within operations of the WCC, upon retooling our software, our
permitting staff can now immediately shift focus to timely evaluation of other important
permitting efforts while reducing labor cost by at least one full-time
employee. As the new Affidavits are filed with the WCC, our own in-house
compliance investigators will now develop better familiarity with those businesses
who are eligible for the Affidavit, and those who try to skirt the statutory
requirements to provide coverage. The result will be less cost, more efficiency,
and better compliance, thereby ensuring better coverage of Oklahoma workers.
Oklahoma’s small business owners should find a much simpler
and timelier process, more certainty, and increased eligibility. This will
reduce expenses and frustration, improving their bottom line.
It is important to note, while the Affidavit has replaced
the Certificate, any Certificate properly issued will remain in force for the
period of its issue. It is a business decision for each employer as to whether
they continue operating under the Certificate, or take advantage of the
Affidavit.
This is not a big change which will garner headlines, but it
is within the many, small, incremental improvements to state government where
we all achieve more, with less.
If it’s not a homerun, it’s at least a two-run double.
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Upcoming Events
2018 Educational Conference, October4-5, Sheraton Midwest City at the Reed Conference Center
Sign up at our Website ok.gov/wcc
2016
Public Meetings
See website for Commission Calendar
Click Here
Inside this Issue:
- Chairman's Corner: Affidavit Of Exempt Status.
-
Registration In Full Swing for 2018 Conference
- WCC Mediation Program
- Electronic Data Interchange Starts September 1st.
- Memorial for Meg Taylor
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
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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 2018 Educational Conference Registration in Full Swing.
Collin Fowler, Director of Communication and Administration
We are excited to announce that we have a new location for this year's conference at the Sheraton Midwest City Hotel at the Reed Conference Center. This location will put attendees just minutes from Oklahoma City's beautiful Downtown shopping and restaurant district. This a plus for anyone looking for fun and excitement after the presentations are complete! For those hoping to complete continuing education credits for the year we now offer more credits than ever to attendees:
- Attorneys- 12 CLE credits plus 1 Ethics
- Case Managers- 11 CCMC credits
- Disability Management Specialists 11 CDMS credits
- Human Resources- 11 HRCI credits
- Rehabilitation Counselors 10 CRC credits
- Insurance Adjusters- 10 OID credits plus 1 Ethics
- Insurance Producers- 10 OID credits plus 1 Ethics
- Insurance- CSRs 10 OID credits plus 1 Ethics
Space is limited and spots are filling up fast! Make sure you get yourself registered soon. If registered before September 15th, you will still be eligible for our special early-bird rate. If you are looking to register your company as a Vendor/Exhibitor, there are few spots left. Go to our website and Register Now!
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 WCC Mediation Program
By Collin Fowler, Director of Communication and Administration
The Workers’ Compensation Commission’s (WCC) mediation
program is a voluntary, non-binding opportunity for work injury cases to more
efficiently reach settlement. The mediation program is set out in our statute 85A O.S. § 110.
Attorneys can agree to take their case to one
of the WCC’s certified mediators to help negotiate a settlement that is
amenable to both sides. This has become a very attractive avenue for
complicated cases that involve cumulative trauma, where there are multiple
insurance companies involved, or areas in which case law may be unclear.
Attorney Bob Burke, who is a WCC certified
mediator, had this to say, “I think the program has been incredibly
successful. I would say about 98 percent of the cases I mediate end up in
settlement. It is a win/win situation for the injured worker and the employer.
Cases that could spend years in the trial and appeals process can instead be
settled in about 8 months instead of three years. This is good for the employer
because they can quickly assess their liability, and good for the worker
because they can quickly get their claim settled.”
WCC Chief ALJ Shane Curtin likes the mediation
process because, “It can provide an efficient resolution to some very complex
cases. It is also good to have a knowledgeable person navigate the parties
through the process to effect a quicker resolution to the case.”
It is important to note, this is an
attorney-driven program which the WCC facilitates through the certification of
mediators, and provision of facilities for the mediations to take place. The mediators are paid for their services by the parties involved in the mediation.
Attorney Leo Austin is a mediator for the WCC
and has seen the mediation program grow since its inception. “This has been a
very successful program. It has really enhanced the whole system and saved
claimants’ and respondents’ time and money. Having experienced mediators can
also help educate clients about the workers’ compensation process and what they
can expect.”
Mr. Austin pointed out that there are lots of
extra costs associated with taking a complex case through the trial and appeals
process. He stated, “It is the best thing to happen to work comp as far as
moving cases along.”
Chairman Mark Liotta points out that, “One of
our ongoing efforts here at the Commission is to adjudicate cases efficiently,
so the focus of the injured worker can remain on treatment and getting back to
work, rather than waiting and wondering where their case is in the process.
Mediation is a great help in that effort.”
Looking back to 2014, the numbers of cases
going to mediation have increased every year as more and more attorneys have
seen the value of using the program.
For more information on the WCC mediation
program, contact Eric Russell, WCC Legal Operations director, (405) 522-5306
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 *The numbers here are taken from the WCC Annual Reports available on the commision website.
Electronic
Data Interchange Starts September 1, 2018
Eric Russell, Director of Legal Operations
Per Commission Rule 810:1-1-8, the Commission’s reporting scheme
will shift to electronic data interchange (EDI) beginning September 1,
2018. All reporting requirements will be
defined by the aforementioned rule, the Commission’s EDI Implementation Guide,
and the Commission’s IAIABC requirements tables, published at
https:\\okwccedi.info. As of September
1, the following paper forms will no longer be accepted:
CC-Form-2
CC-Form-4
CC-Form-2A
CC-Form-2A Extension
Impact
of EDI on the Joint Petition Process
Parties looking to do unrepresented settlements will likely no
longer be able to complete same-day filings in many instances, as the
Commission’s vendor, ISO, will process a particular day’s filings no earlier
than the next business day. For this
reason, it will be most convenient for parties looking to file joint petitions
to ensure that a First Report of Injury (FROI) has already been filed at least
one business day in advance of the intended settlement date, or to have the
claimant complete a CC-Form-3, in order to perfect the settlement process.
Trading
Partner Registration
Many trading partners (i.e., those responsible for reporting) have
chosen vendors to help them fulfill their reporting requirements, while others
have registered independently as trading partners. Any entity intending to file directly must
register as a trading partner at https:\\okwccedi.info. If contracting with a vendor, an employer or
carrier still needs to register as a trading partner, but the vendor may be
willing to assist in this process. Any
insurer/self-insurer using a TPA will not have to register, as the TPA should
have registered on its behalf. The
separate trading partner agreement required by Oklahoma statute should be
signed and returned to ISO by every trading partner, otherwise the trading
partner agreement will be inactivated and the trading partner will be unable to
send transactions. Any questions can be
directed to me or to our EDI team at ISO.
ISO: okwccedi@iso.com
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 In Memory of Meg Taylor
We are sad to
report, the WCC has lost one of our own with the sudden and untimely passing of
our new CFO, Meg Taylor. Family and friends gathered at St. John the
Baptist Catholic Church in Edmond on August 16th for her funeral Mass. We
were all shocked at the loss of someone so young, bright, and full of
life.
Meg had moved to
Oklahoma in 2010 with her husband, John, and her children, Connor and Kathleen.
Her oldest son Colin stayed in Maryland, where they had lived for the last 17
years, to finish college. She was extremely dedicated to her family, and upon
moving to Oklahoma, spent much of her time involved in her children’s school
activities.
Meg was not with
the WCC long, but her playful personality had already won us over. It didn’t
take long after first meeting Meg to understand what an energetic, generous,
and hardworking person she was, and to be infected with her sense of humor. She
was genuine with her kindness and authentic in her caring for others.
She will be sorely
missed by all of her new friends. Her affable demeanor and determined
nature will be missed the most around the office.
Meg’s passing has
been one of the most difficult transitions for us in the short time our agency
has been together. We sincerely thank her family for the loan of her time with
us. Our hearts go out to those who knew her best, as we solemnly wish we could
have known her just a little longer.
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