Revamp of Oklahoma Workers’ Comp System Signed by Governor

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Legislation intended to improve the Oklahoma workers’ compensation system for injured workers was signed into law June11 by Gov. Brad Henry.

The governor’s signature on the measure also reduces by one the number of proposals voters will have to decide in the November general election.

One of the provisions of the bill requires Senate confirmation of judges nominated to the state Workers’ Compensation Court by the governor. Legislators last year approved a measure sending the issue to voters after the governor vetoed a similar proposal.

Legislators last month passed a resolution to scrap that proposal if the governor signed the workers’ comp revamp bill.

The nonpartisan Judicial Nominating Commission now submits three judicial candidates for each court vacancy, and the governor picks one. That process will continue except the appointment will require Senate approval.

The bill also reduces the number of workers’ compensation judges from 10 to eight and requires that five be assigned to Oklahoma City and three to Tulsa. One member of the court is now permanently assigned to Tulsa.

It also requires workers’ compensation judges have at least five years’ experience dealing with the workers’ compensation system and restricts workers’ compensation judges to one eight-year term. They would have to wait three years to be considered for reappointment.

The governor also signed HB 2650, which tightens definitions of “major cause” and “objective medical evidence,” further defines what is a work-related activity for purposes of being covered under workers’ compensation, and clarifies light-duty work and the employee’s refusal to participate. It also tightens benefits for soft tissue injuries.

The two bills signed by the governor June 11 were part of four measures legislators approved after months of negotiations with business, medical and legal representatives.

Henry previously signed a measure that allows the state Supreme Court to review workers’ compensation claims like any other civil case and requires that the claimant be in attendance unless all parties agree, and another bill that requires workers’ compensation claims adjusters to have six hours of education on the state workers’ compensation act.

“These changes will bring more fairness to the system for injured workers while also helping control costs for Oklahoma businesses,” said Rep. Dan Sullivan, R-Tulsa, who worked on all the measures. “This legislation will put our state in a position to be more economically competitive while bringing some much needed reforms to the workers’ compensation court itself.”

Workers’ compensation reform was one of the top priorities this past legislative session for House and Senate Republicans.

“This legislation will help grow Oklahoma’s economy while still protecting the injured worker and helping them on their road to recovery,” said House Speaker Chris Benge, R-Tulsa.

Information from: The Oklahoman