MISSION STATEMENT
The Workers' Compensation Court applies the law as set out in the Oklahoma Workers' Compensation Act. Its
responsibility is to provide fair and timely procedures for the resolution of disputes and identification of issues
involving on-the-job injuries.
THE COURT
Workers' Compensation Court judges are appointed by the Governor from a group of applicants that includes the
incumbent judge (if any) and nominees submitted by the Judicial Nominating Commission. Unless legislation provides
otherwise, terms are for six years. Judges may be appointed to successive terms. A judge must have been
licensed as an attorney for five years at the time of appointment.
DUTIES / RESPONSIBILITIES
The Workers' Compensation Court applies the Workers' Compensation Act by:
1. Resolving disputes between respondent-employers and claimant-employees regarding on-the-job injuries.
2. Determining reasonableness and necessity of disputed medical bills;
3. Receiving all employer's First Notice of Accidental Injury (approximately 100,000 per year)
4. Serving as Court-of-Record for all claims for accidental injury (approximately 25,000 filed each year);
5. Maintaining records of workers' compensation insurance coverage by employers (approximately 80,000 filings
each year);
6. Approving and monitoring all self insurance programs;
7. Maintaining an Ombudsman Department to provide information to employees and employers;
8. Developing and adopting a Schedule of Medical Fees;
9. Adopting Court and Administrative rules.
STATUTORY REFERENCES
Title 85, of the Oklahoma Statutes.
PERFORMANCE CRITERIA / SERVICES PROVIDED
FY-93 FY-94 FY-95
Criteria/Service: Actual Actual Budgeted
Court Clerk:
Certification of court documents 10,000 12,000 12,000
Filing of bonds pertaining to Supreme Court
appeals 138 90 90
Preparation and submission of Supreme Court
appeals 263 281 281
Court File Room (Records):(Each document is filed into an existing file or a new file is created.)
Receipt of filing fees & other $1,238,500 $1,290,000 $1,300,000
Court file creation 24,770 25,800 26,000
Receipt of Employer's First Notice of Injury
filings 86,088 86,178 87,000
Receipt of Employee's First Notice of Accidental Injury
filings 24,053 25,800 26,000
Receipt of Employee's First Notice of Death
filings 266 164 170
Receipt of Employee's First Notice of Occupational Disease
filings 550 500 500
Employee claim for benefit from the Special
Indemnity Fund 3,000 3,000 3,500
Receipt of Employer's or Insurance Carrier's* Initial Report
of Payment of Compensation filings 25,000 100,000 130,000
*or Claims Servicing Company
Receipt of all "Motions to Set for 112,000 100,000 100,000
Hearing" (modified FY '95)
Request for Prehearing Conference 11,140 30,000 40,000
Receipt of Request For Review of Medical or Rehab Services
filings 3,820 3,000 3,500
Insurance Department:
Own Risk applications submitted for review and
approval 312 393 393
Receipt and processing of Notice of Insurance
Coverage filings 86,000 85,000 85,000
Receipt and processing of Notice of Insurance
Cancellation filings 30,000 25,000 25,000
Maintenance of list of authorized insurance
carriers 150 171 171
Orders Department:
Court approved orders ( added FY-95) 15,452 16,625 17,000
Court orders prepared from judge 22,235 28,099 30,000
Docketing Department:
Cases scheduled for trial 45,991 39,354 37,000
Cases stricken from docket 2,400 n/a n/a
Cases settled out of court 15,453 16,625 17,500
Pretrial hearings 8,663 31,280 35,000
Cases set for court En Banc hearings 1,489 1,418 1,450
Administration:
Own Risk Application Approvals 312 368 368
Joint Petition Settlements 1,070 988 1,000
Form 14 Agreements 856 1,316 1,350
Form 18 Orders 69 59 90
Data Processing:
Entry and verification of Employer's 86,088 86,178 91,230
Entry and verification of Employee's 24,770 25,800 26,000
Entry and verification of receipts 24,770 25,800 26,000
Entry and verification of court order 38,078 44,724 45,000
Trials:
Oklahoma City Court 30,660 46,089 46,250
Tulsa Court 15,330 24,545 26,000
General Court:
Information requests 21,094 35,000 35,000
Medical Fee Schedule:
Information requests 2,800 3,200 3,300
Insurance Coverage Requests 50,000 50,000 50,000
Requests to Other Departments 20,000 20,000 20,000
Orders issued requiring payment of
benefits and fixing amount of benefits 496 500 500
EXPENDITURES BY FUND
FY-93 FY-94 FY-95
Type of Fund: Actual Actual Budgeted
State Appropriated Funds:
General Revenue $13,308 $74,303 $0
Workers' Comp. Admin. Fund $3,345,270 $3,381,775 $3,673,846
State Continuing/Revolving Funds:
Workers' Comp Revolving Fund 428,703 477,540 443,601
Federal Funds: 0 0 0
Total Expenditures by Fund $3,787,281 $3,933,618 $4,117,447
EXPENDITURES BY OBJECT
FY-93 FY-94 FY-95 Object of Expenditure Actual Actual Budgeted Salaries and Benefits $3,050,417 $3,137,730 $3,307,985 Professional Services 8,735 26,880 65,000 Travel 60,016 67,753 60,000 Lease-Purchase Expenditures 0 0 Equipment 38,309 53,725 51,100 Payments to local governments 156,229 175,614 155,125 Other Operating Expenses 473,575 471,916 478,237 Total Expenditures by Object $3,787,281 $3,933,618 $4,117,447
EXPENDITURES BY BUDGET ACTIVITY / SUB-ACTIVITY
FY-93 FY-94 FY-95 Activity No. and Name Actual Actual Budgeted 01 General Court $3,297,936 $3,445,719 $3,629,045 88 Data Processing $489,345 $487,899 $488,402 Total Expenditures by Activity $3,787,281 $3,933,618 $4,117,447
FULL-TIME-EQUIVALENT EMPLOYEES (FTE) and VEHICLES
FY-93 FY-94 FY-95 Activity No. and Name Actual Actual Budgeted 01 General Court 73.5 79.6 81.0 88 Data Processing 10.0 10.0 10.0 Total FTE 83.5 89.6 91.0 Number of Vehicles 0 0 0
HISTORICAL PERSPECTIVE/REVIEW
Workers Compensation Reform
Major reforms to the Workers Compensation System in Oklahoma were initiated during FY-93. Incumbent judges are
permitted to be re-appointed to the bench in an effort to retain expertise and assure that consistency of case law is
being developed on the bench. The statutes relating to heart related injuries were also changed so that those injuries
which are caused by undue stress in the work place are now allowed to be considered as a disability for Workers
Compensation benefits. The statutes were also changed such that any benefit for mental stress must be
accompanied by a physical injury. Limits were placed on employers right to terminate declaring that an employee may
not be discharged while on Temporary Total Disability for reason of that absence, however the employer does not
have to rehire that employee. The law surrounding the Special Indemnity Fund was changed so that a 40% disability
must be shown before claim can be made against the fund. This should save the fund money over the long run.
Historically Oklahoma has a large number of workers compensation claims filed each year. While the number of claims filed in Oklahoma may be high, the level of benefits paid are comparatively low. Nevertheless the State of Oklahoma paid over $145 million in Permanent Partial Disability payments in 1990. Permanent Partial Disability claims are the largest growing component of Workers Compensation benefits and the most expensive. Permanent Total Disability payments comprise 3.5% of these payments. These payments are often payable for life and also have an effect on the Special Indemnity Fund.
In FY-94 the Attorney General's Workers' Compensation Fraud Unit received (5) additional investigators to address the issue of fraud. The governor later called a special session of the legislature to address workers' compensation reform which resulted in the passage of HB 1002. The court received half-year funding for a Physicians Advisory Committee, an Independent Medical Examiners System, and additional staffing for the Counselor's Program. Major efforts were begun to direct resources at reducing workers compensation fraud.
During FY-95, the Governor-Elect proposed adding an additional (15) investigators to the Attorney General's Workers' Compensation Fraud Unit and expressed intention of adding a total of (40) investigators of the next four years.