HB2652  |
Paraphrase: HB2652, by Rep. Daniel Sullivan, R-Tulsa, provides a definition of “surgery” under the Workers’ Compensation Act to mean a medical procedure involving an incision into the skin for the insertion of an instrument or device for treatment or diagnosis. It states that an injection or the forcing of fluids beneath the skin does not constitute surgery. The bill also modifies language related to soft tissue injuries, stating that if a surgery is not recommended or is recommended but not performed within 90 days, extended benefits are to terminate. It prohibits employees with soft tissue injuries from being entitled to permanent impairment unless there is medical evidence of a permanent anatomical abnormality. The measure also removes and modifies language under the definition of “permanent impairment.” It modifies the definition of “child” as it relates to language regarding death benefits under the Workers’ Compensation Act. The measure also states that compensation to an alien nonresident dependent of the United States is to be the same as that provided for a resident dependent, except that an alien nonresident dependent in any foreign country is limited to the surviving spouse or minor children, or both. It states that unless a single-incident injury either renders an employee physically or mentally unable to do so, the employee is required to report the injury to the employer on a form approved by the Workers’ Compensation Court and to a person or place specified by the employer. It states that the employer is not responsible for disability, medical or other benefits if the report is not made in writing within 10 business days of the date of the injury. It states that a signed statement from an employee that an injury or illness was not work related serves as an absolute bar against any future workers’ compensation claim for that injury or illness. It directs the Workers’ Compensation Court to promulgate rules for a preliminary conference procedure for claims occurring on or after Nov. 1, 2010. It states that any agreed-upon settlement between a claimant and an employer is to be final upon signed agreement by both parties. It states that the Workers’ Compensation Court is to be bound by the Oklahoma Evidence Code. It directs the court to determine whether the party having the burden of proof has established it by a preponderance of evidence. The measure also states that medical reports and depositions are only to be allowed to assist the court in determining compensability of claims. It clarifies that the Supreme Court may hear appeals and modify, reverse, remand for rehearing or set aside or award only on certain grounds. It modifies language related to compensation for disability or death of an employee under the Workers’ Compensation Act. The measure states that any employer required to secure payment for compensation under the Workers’ Compensation Act and fails to do so is subject to a $10,000 fine payable to the Death and Permanent Total Disability Trust Fund or is subject to a misdemeanor, punishable by a fine of up to $500 and/or imprisonment in county jail for up to one year. It requires every employer who has secured compensation under the act to keep posted in a conspicuous place in and about the place of business printed notices in accordance with a form prescribed by the Workers’ Compensation Court stating that the employer has secured payment of compensation under the act. It states that an employer is not liable for any payments provided by the Workers Compensation Act if the Workers’ Compensation Court determines the injury is not compensable. It modifies language related to treatment for injury, stating it is subject to the limitation established by the Physician Advisory Committee, unless waived by the employer. It increases from one year to five years the period for which an insured may contract independently with a plan of his or her choice for a certified workplace medical plan if an insurer has failed to do so. It requires all state agencies to adopt and implement the certified workplace medical plan of their insurer’s choice by Nov. 1, 2011. The measure requires the Workers’ Compensation Court administrator to hire a vocational rehabilitation director to oversee the vocational rehabilitation program of the court. It increases from 52 to 104 weeks the maximum amount of time vocational rehabilitation services or training may extend. It modifies language related to permanent total disability. It states that injuries on or after Nov. 1, 2010, that are partial in character but permanent in quality to be eligible for compensation that is 66 and two-thirds percent of the employee’s average weekly wages, not to exceed $342 per week, and it establishes a schedule of payments for various injuries. It allows the Workers’ Compensation Court to review any compensation order, award or decision, except joint petition settlements that have been agreed upon and filed with the court. It allows such review within three months of termination of compensation, upon application of any interested party and upon a change in physical condition. It limits to 20 percent of the award or settlement of permanent partial disability the amount of attorney fees allowed in a claim with a settlement that is offered in writing within 30 days after receipt of notice that the claimant has reached maximum medical improvement. It prohibits an attorney from deducting or withholding any portion of a court judgment or settlement any monies for the purpose of donating or contributing the monies to a political fund, political action committee, campaign of any kind or candidate for state, federal or local office. It lowers from two years to six months the time after the date of an accidental injury or death during which a claim for compensation under the Workers’ Compensation Act may be made, and it allows a claim to be filed within 90 days of the last medical treatment authorized by the employer or insurance carrier or other payment. It lowers from two years to six months the date by which a claim must be made after a trauma or hazardous exposure. It requires injury claims to be filed within 10 business days of termination of employment. It removes language related to causes of action against third parties whose wrongful or negligent conduct causes the death of an employee entitled to compensation. It modifies language related to the Advisory Council on Workers’ Compensation, reducing from nine to seven the membership and adjusting the appointing authority. It also modifies language related to the duties of the Physician Advisory Committee. It also repeals multiple sections of current statutory language related to the Workers’ Compensation Act. (Amended by House, Committee Substitute)Comments: Rep. Sullivan’s main Workers Compensation bill |
