1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 472 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to the Workers' Compensation Court of
7 Existing Claims; amending Sections 165, Chapter 208,
8 O.S.L. 2013, as last amended by Section 64, Chapter
8 476, O.S.L. 2019, and 169, Chapter 208, O.S.L. 2013,
9 as amended by Section 56, Chapter 476, O.S.L. 2019
9 (85A O.S. Supp. 2020, Sections 122 and 400), which
10 relate to cost of administering act and the Workers'
10 Compensation Court; directing apportionment of
11 certain funds by the Oklahoma Tax Commission; adding
11 term for certain judicial appointment; establishing
12 procedures for certain judicial appointment; deleting
12 obsolete language; authorizing employment of special
13 judge for certain purposes; specifying compensation
13 of special judge; updating statutory language; and
14 declaring an emergency.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY Section 165, Chapter 208, O.S.L.
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19 2013, as last amended by Section 64, Chapter 476, O.S.L. 2019 (85A
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20 O.S. Supp. 2020, Section 122), is amended to read as follows:
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21 Section 122. A. The Workers' Compensation Commission Revolving
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22 Fund established by Section 28.1 of this title shall be used for the
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23 costs of administering this act and for other purposes as authorized
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24 by law.
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 1 B. For the purpose of providing funds for the Workers'
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2 Compensation Commission Revolving Fund, for the Workers'
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3 Compensation Administrative Fund created in Section 401.1 of this
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4 title, for the Multiple Injury Trust Fund created in Section 28 of
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5 this title, and to fund other provisions within this title, the
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6 following tax rates shall apply:
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7 1. Each mutual or interinsurance association, stock company,
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8 CompSource Mutual Insurance Company or other insurance carrier
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9 writing workers' compensation insurance in this state shall pay to
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10 the Oklahoma Tax Commission an assessment at a rate of one percent
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11 (1%) of all gross direct premiums written during each quarter of the
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12 calendar year for workers' compensation insurance on risks located
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13 in this state after deducting from such gross direct premiums,
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14 return premiums, unabsorbed portions of any deposit premiums, policy
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15 dividends, safety refunds, savings and other similar returns paid or
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16 credited to policyholders. Such payments to the Tax Commission
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17 shall be made not later than the fifteenth day of the month
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18 following the close of each quarter of the calendar year in which
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19 such gross direct premium is collected or collectible.
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20 Contributions made by insurance carriers and CompSource Mutual
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21 Insurance Company, under the provisions of this section, shall be
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22 considered for the purpose of computing workers' compensation rates;
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23 and
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 1 2. When an employer is authorized to become a self-insurer, the
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2 Commission shall so notify the Tax Commission, giving the effective
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3 date of such authorization. The Tax Commission shall then assess
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4 and collect from the employers carrying their own risk an assessment
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5 at the rate of two percent (2%) of the total compensation for
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6 permanent total disability awards, permanent partial disability
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7 awards and death benefits paid out during each quarter of the
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8 calendar year by the employers. Such assessment shall be payable by
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9 the employers and collected by the Tax Commission according to the
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10 provisions of this section regarding payment and collection of the
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11 assessment created in paragraph 1 of this subsection.
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12 C. It shall be the duty of the Tax Commission to collect the
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13 payments provided for in this title. The Tax Commission is hereby
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14 authorized to bring an action for the recovery of any delinquent or
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15 unpaid payments required in this section. The Tax Commission may
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16 also enforce payments by proceeding in accordance with the
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17 provisions of Section 98 of this title.
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18 D. The Tax Commission shall pay monthly to the State Treasurer
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19 to the credit of the Multiple Injury Trust Fund all monies collected
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20 under the provisions of this section less the annual amounts which
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21 shall be apportioned by the Oklahoma Tax Commission as follows:
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22 1. Five Million Dollars ($5,000,000.00) shall be payable in
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23 equal monthly installments to the credit of the Workers'
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24 Compensation Commission Revolving Fund established in Section 28.1
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 1 of this title for the fiscal year ending June 30, 2016, Three
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2 Million Dollars ($3,000,000.00) for the fiscal year ending June 30,
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3 2017, and Four Million Dollars ($4,000,000.00) for the fiscal year
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4 ending June 30, 2020, and for all subsequent years to be used to
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5 implement the provisions of this title; and
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6 2. Four Million Dollars ($4,000,000.00) shall be payable in
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7 equal monthly installments to the credit of the Workers'
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8 Compensation Administrative Fund established in Section 401.1 of
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9 this title for the fiscal year ending June 30, 2016, Three Million
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10 Five Hundred Thousand Dollars ($3,500,000.00) for the fiscal year
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11 ending June 30, 2017, Three Million Five Hundred Thousand Dollars
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12 ($3,500,000.00) for the fiscal year ending June 30, 2018, Three
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13 Million Dollars ($3,000,000.00) for the fiscal year ending June 30,
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14 2019, and One Million Seven Hundred Fifty Thousand Dollars
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15 ($1,750,000.00) for the fiscal year ending June 30, 2020, One
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16 Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) for the
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17 fiscal year ending June 30, 2022, and for all subsequent years
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18 during the existence of the Court of Existing Claims.
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19 Monies deposited in the Workers' Compensation Administrative
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20 Fund shall be used by the Workers' Compensation Court of Existing
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21 Claims to implement provisions provided for in this title.
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22 E. The refund provisions of Sections 227 through 229 of Title
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23 68 of the Oklahoma Statutes shall be applicable to any payments made
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24 pursuant to this section.
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 1 SECTION 2. AMENDATORY Section 169, Chapter 208, O.S.L.
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2 2013, as amended by Section 56, Chapter 476, O.S.L. 2019 (85A O.S.
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3 Supp. 2020, Section 400), is amended to read as follows:
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4 Section 400. A. The Workers' Compensation Court shall be
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5 renamed the Workers' Compensation Court of Existing Claims for the
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6 purpose of hearing disputes relating to claims that arise before
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7 February 1, 2014. The Court shall consist of the existing judges
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8 for the remainder of his or her term. Each judge of the Court shall
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9 continue to serve as the appointment to a designated position on the
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10 Court. The terms of the judges by position number shall expire on
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11 the following dates:
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12 Position 4 shall expire 7-1-20.
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13 Position 5 shall expire 7-1-20.
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14 Position 8 shall expire 7-1-20.
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15 Position 9 shall expire 7-1-20.
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16 B. 1. Effective July 1, 2020, the Workers' Compensation Court
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17 of Existing Claims shall consist of one judge to be appointed by the
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18 Governor, with confirmation by the Senate. The judge shall be
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19 appointed for a term to expire on July 1, 2022. The Governor shall
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20 select the judge from a list of three applicants submitted to the
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21 Governor by the Judicial Nominating Commission. If the list is not
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22 acceptable to the Governor, the Governor may request from the
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23 Judicial Nominating Commission a list of names of three additional
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24 applicants. Any present judge of the Court of Existing Claims may
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 1 apply to the Judicial Nominating Commission for appointment to fill
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2 any position authorized by this section.
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3 2. Effective July 1, 2022, the Workers' Compensation Court of
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4 Existing Claims shall consist of one judge to be appointed by the
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5 Governor, with confirmation by the Senate. The judge shall be
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6 appointed for a term to expire on July 1, 2026.
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7 C. A judge may be removed for cause by the Court on the
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8 Judiciary prior to the expiration of his or her term.
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9 D. Each judge shall receive a salary equal to that paid to a
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10 district judge of this state, and shall devote full time to his or
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11 her duties and shall not engage in the private practice of law
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12 during the term in office.
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13 E. If a vacancy occurs on the Court of Existing Claims, the
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14 Governor shall appoint a judge to serve the remainder of the term
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15 from a list of three applicants submitted to the Governor by the
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16 Judicial Nominating Commission, with confirmation of the State
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17 Senate. If the list is not acceptable to the Governor, the Governor
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18 may request from the Judicial Nominating Commission a list of the
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19 names of three additional applicants.
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20 F. 1. Effective January 1, 2020, the Governor shall appoint an
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21 Administrator of the Court of Existing Claims, who shall serve at
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22 the pleasure of the Governor. The Administrator shall be appointed
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23 by the Governor with the advice and consent of the Senate. The
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 1 compensation for the Administrator shall be set at ninety percent
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2 (90%) of the compensation of a district court judge.
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3 2. The Administrator shall employ and supervise the work of
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4 employees of the Court and shall have the authority to expend funds
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5 and contract on behalf of the Court. The Administrator may contract
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6 with the Workers' Compensation Commission to provide support
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7 services or personnel needs necessary to carry out the purposes of
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8 the Court and shall supervise the work of any such personnel as
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9 necessary to maintain the Court as a Court of Record.
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10 3. Until January 1, 2020, the individual serving as
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11 Administrator on the effective date of this act shall continue to
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12 serve in that capacity.
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13 G. The Court of Existing Claims shall contract with the
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14 Workers' Compensation Commission to integrate its case management
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15 and records Information Technology System into the system of the
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16 Workers' Compensation Commission with such integration to be
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17 completed on or before July 1, 2022. The Court shall be entitled to
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18 any fees generated for the retrieval of such data.
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19 H. The Court shall operate by the rules adopted by the Workers'
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20 Compensation Court prior to the effective date of this act February
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21 1, 2014.
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22 I. The Court is hereby designated and confirmed as a court of
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23 record, with respect to any matter within the limits of its
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24 jurisdiction, and within such limits the judges thereof shall
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 1 possess the powers and prerogatives of the judges of the other
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2 courts of record of this state, including the power to punish for
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3 contempt those persons who disobey a subpoena, or refuse to be sworn
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4 or to answer as a witness, when lawfully ordered to do so.
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5 J. The principal office of the Court shall be situated in the
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6 City of Oklahoma City in quarters assigned by the Office of
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7 Management and Enterprise Services. The Court may hold hearings in
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8 any city of this state.
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9 K. All county commissioners and presiding district judges of
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10 this state shall make quarters available for the conducting of
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11 hearings by a judge of the Court upon request by the Court.
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12 L. Judges of the Workers' Compensation Court of Existing Claims
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13 may punish for direct contempt pursuant to Sections 565, 565.1 and
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14 566 of Title 21 of the Oklahoma Statutes.
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15 M. The Court shall be vested with jurisdiction over all claims
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16 filed pursuant to the Workers' Compensation Code or previous statute
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17 in effect on the date of an injury that occurred before February 1,
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18 2014. All claims so filed shall be heard by the judge sitting
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19 without a jury. The Court shall have full power and authority to
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20 determine all questions in relation to payment of claims for
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21 compensation under the provisions of the Workers' Compensation Code
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22 or previous statute in effect on the date of an injury that occurred
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23 before February 1, 2014. The Court, upon application of either
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24 party, shall order a hearing. Upon a hearing, either party may
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 1 present evidence and be represented by counsel. The decision of the
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2 Court shall be final as to all questions of fact and law; provided,
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3 the decision of the Court may be appealed to the Court en banc or
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4 the Supreme Court as provided by the Workers' Compensation Code or
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5 previous statute in effect on the date of an injury that occurred
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6 before February 1, 2014. In the event that an insufficient number
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7 of active judges are available to comprise the three-judge en banc
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8 panel, retired or former judges of the district court, Workers'
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9 Compensation Court or Workers' Compensation Court of Existing Claims
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10 may be designated by the Presiding Judge of the Court of Existing
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11 Claims as eligible to serve on such panel. The Governor shall
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12 provide to the Court of Existing Claims a list of designated judges
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13 eligible for service on the Court en banc. The decision of the
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14 Court shall be issued within thirty (30) days following the
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15 submission of the case by the parties. The power and jurisdiction
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16 of the Court over each case shall be continuing and it may, from
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17 time to time, make such modifications or changes with respect to
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18 former findings or orders relating thereto if, in its opinion, it
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19 may be justified.
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20 N. For an injury occurring before February 1, 2014, all
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21 benefits and procedures to obtain benefits shall be determined by
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22 the workers' compensation law of this state in effect on the date of
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23 the injury.
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 1 O. All accrued rights and penalties incurred pursuant to a
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2 final order of the Workers' Compensation Court shall be preserved.
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3 No accrued right, penalty incurred, or proceeding begun by virtue of
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4 a statute repealed by this act shall be abrogated by the terms of
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5 this act.
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6 P. Annually, on or before the first day of July, commencing
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7 with July 2019, the Administrator shall prepare and submit a report
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8 for the prior calendar year to the Governor, the Chief Justice of
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9 the Supreme Court, the President Pro Tempore of the Senate, and the
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10 Speaker of the House of Representatives which shall include a
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11 statement of the number of awards made and the causes of the
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12 accidents leading to the injuries for which the awards were made,
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13 total work load data of the Court, a detailed report of the work
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14 load of the judges of the Court, a detailed statement of the
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15 expenses of the office of the Administrator of Workers' Compensation
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16 Court of Existing Claims, together with any other matter which the
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17 Administrator deems proper to report to the Governor, including any
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18 recommendations he or she may desire to make.
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19 Q. Subject to the availability of funds, the Judge of the Court
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20 of Existing Claims may employ one at-will full- or part-time special
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21 workers’ compensation judge with jurisdiction to hear cases as set