2013 Oklahoma Statutes
Title 85 - Workers' Compensation


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls5 {margin-left:100pt;} .cls7 {margin-left:121pt;} .cls3 {margin-left:122pt;} .cls2 {margin-left:136pt;} .cls4 {margin-left:148pt;} .cls1 {margin-left:28pt;} .cls6 {text-align:center;} </STYLE> <title>&sect;85-1</title> </head> <body> <p><span class="cls0">&sect;85-1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-1.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-1.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-1.2A. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-1.3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2. Repealed by Laws 1986, c. 222, &sect; 32, eff. Nov. 1, 1986.&nbsp;</span></p> <p><span class="cls0">&sect;85-2.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2.3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2.4. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2.5. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2.6. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2.7. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2a. Repealed by Laws 1959, p. 397, &sect; 2, emerg. eff. July 15, 1959.&nbsp;</span></p> <p><span class="cls0">&sect;85-2b. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-2c. Repealed by Laws 1985, c. 312, &sect; 55, emerg. eff. July 25, 1985.&nbsp;</span></p> <p><span class="cls0">&sect;85-2d. Repealed by Laws 1985, c. 312, &sect; 55, emerg. eff. July 25, 1985.&nbsp;</span></p> <p><span class="cls0">&sect;85-2e. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.2. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.3. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.4. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.5. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.6. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.7. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.8. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.9. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.10. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-3.11. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-4. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-5. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-6. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-6.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-7. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-8. Repealed by Laws 1985, c. 266, &sect; 8, emerg. eff. July 15, 1985.&nbsp;</span></p> <p><span class="cls0">&sect;85-9. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-11. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-12. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-13. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-14. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-14.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-14.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-14.3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-15. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-16. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-17. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-21. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-22. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-22.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-23. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-24. Repealed by Laws 1986, c. 222, &sect; 32, eff. Nov. 1, 1986.&nbsp;</span></p> <p><span class="cls0">&sect;85-24.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-24.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-24.3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-25. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-26. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-27. Repealed by Laws 1986, c. 222, &sect; 32, eff. Nov. 1, 1986.&nbsp;</span></p> <p><span class="cls0">&sect;85-27.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-28. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-29. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-30. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-41. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-41.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-42. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-43. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-44. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-45. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-46. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-47. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-47.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-48. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-48.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-49. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-50. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-61. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-61.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-61.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-62. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-63. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-63.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-63.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-63.3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-63.4. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-64. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-65. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-65.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-65.3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-65.4. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-66.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-66.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-67.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-67.2. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-67.3. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-69.1. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-69.2. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-69.3. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-69.5. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-70.1. Repealed by Laws 1949, p. 652, &sect; 1, emerg. eff. May 31, 1949.&nbsp;</span></p> <p><span class="cls0">&sect;85-70.2. Repealed by Laws 1949, p. 652, &sect; 1, emerg. eff. May 31, 1949.&nbsp;</span></p> <p><span class="cls0">&sect;85-70.3. Repealed by Laws 1949, p. 652, &sect; 1, emerg. eff. May 31, 1949.&nbsp;</span></p> <p><span class="cls0">&sect;85-70.4. Repealed by Laws 1949, p. 652, &sect; 1, emerg. eff. May 31, 1949.&nbsp;</span></p> <p><span class="cls0">&sect;85-71. Repealed by Laws 1955, p. 495, &sect; 2, emerg. eff. Feb. 26, 1955.&nbsp;</span></p> <p><span class="cls0">&sect;85-72. Repealed by Laws 1939, p. 578, &sect; 1, emerg. eff. April 12, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;85-73. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-74. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-75. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-76. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-77. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-78. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-79. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-80. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-81. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-82. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-83. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-84. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-85. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-86. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-87. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-88. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-89. Repealed by Laws 1975, c. 163, &sect; 1, emerg. eff. May 20, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;85-90. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-91. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-92. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-93. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-93.1. Repealed by Laws 1991, c. 220, &sect; 33, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;85-93.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-94. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-95. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-96. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-101. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-102. Renumbered as Title 85, &sect; 24.1 by Laws 1986, c. 222, &sect; 31, eff. Nov. 1, 1986.&nbsp;</span></p> <p><span class="cls0">&sect;85-103. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-104. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-105. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-106. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-107. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-108. Repealed by Laws 1977, c. 234, &sect; 62, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-109. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-110. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-112. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-113. Repealed by Laws 1997, c. 46, &sect; 13, emerg. eff. April 7, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;85-121. Repealed by Laws 1951, p. 270, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;85-122. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-131. Renumbered as Title 85, &sect; 375 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-131a. Renumbered as Title 85, &sect; 376 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-131b. Renumbered as Title 85, &sect; 377 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-131c. Renumbered as Title 85, &sect; 378 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-132. Renumbered as Title 85, &sect; 379 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-132a. Renumbered as Title 85, &sect; 380 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-133. Renumbered as Title 85, &sect; 381 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-134. Renumbered as Title 85, &sect; 382 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-135. Renumbered as Title 85, &sect; 383 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-135.1. Renumbered as Title 85, &sect; 384 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-136. Renumbered as Title 85, &sect; 385 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-137. Renumbered as Title 85, &sect; 386 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-138. Renumbered as Title 85, &sect; 387 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-138.1. Repealed by Laws 1993, c. 349, &sect; 41, eff. Sept. 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;85-138.2. Renumbered as Title 85, &sect; 388 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-139. Renumbered as Title 85, &sect; 389 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-140. Repealed by Laws 1937, p. 492, &sect; 18.&nbsp;</span></p> <p><span class="cls0">&sect;85-141. Renumbered as Title 85, &sect; 390 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-142. Renumbered as Title 85, &sect; 391 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-142a. Renumbered as Title 85, &sect; 392 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-143. Repealed by Laws 1937, p. 492, &sect; 18.&nbsp;</span></p> <p><span class="cls0">&sect;85-144. Renumbered as Title 85, &sect; 393 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-145. Renumbered as Title 85, &sect; 394 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-146. Renumbered as Title 85, &sect; 395 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-147. Renumbered as Title 85, &sect; 396 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-148. Renumbered as Title 85, &sect; 397 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-149. Repealed by Laws 1982, c. 271, &sect; 10, operative July 1, 1982.&nbsp;</span></p> <p><span class="cls0">&sect;85-149.1. Renumbered as Title 85, &sect; 398 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-149.2. Renumbered as Title 85, &sect; 399 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-150. Repealed by Laws 1937, p. 492, &sect; 18.&nbsp;</span></p> <p><span class="cls0">&sect;85-151. Renumbered as Title 85, &sect; 400 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-152. Repealed by Laws 1978, c. 97, &sect; 1, eff. Oct. 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-153. Repealed by Laws 1978, c. 97, &sect; 1, eff. Oct. 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;85-154. Renumbered as Title 85, &sect; 401 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p><span class="cls0">&sect;85-171. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-172. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-173. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-173.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-173.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-173.3. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-174. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-175. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-176. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-177. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-178. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-179. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-180. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-181. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1982.&nbsp;</span></p> <p><span class="cls0">&sect;85-182. Repealed by Laws 2001, c. 277, &sect; 10, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;85-201. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-201.1. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-201.2. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-203. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-211. Repealed by Laws 2011, c. 318, &sect; 87.&nbsp;</span></p> <p><span class="cls0">&sect;85-301. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-302. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-303. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-304. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-305. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-306. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-307. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-308. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 37 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">As used in the Workers' Compensation Code:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. "Actually dependent" means a surviving spouse, a child, or any other person who receives one-half (1/2) or more of his or her support from the employee;&nbsp;</span></p> <p class="cls1"><span class="cls0">2. "Administrator" means the Administrator of the Workers' Compensation Court;&nbsp;</span></p> <p class="cls1"><span class="cls0">3. "Amount in dispute" means the dollar value of any permanent disability award granted to the employee by the Court for a disability claim which is greater than the dollar amount offered by the employer that admits compensability within twenty (20) days of the filing of the Employee's First Notice of Accidental Injury and Claim for Compensation to the employee for such disability claim, when the employer has made a written settlement offer within thirty (30) days of the employee reaching maximum medical improvement;&nbsp;</span></p> <p class="cls1"><span class="cls0">4. "Brother" or "sister" means a sibling of the employee under eighteen (18) years of age, eighteen (18) years of age or over and physically or mentally incapable of self-support, eighteen (18) years of age or over and actually dependent and brothers and sisters by adoption;&nbsp;</span></p> <p class="cls1"><span class="cls0">5. "Case management" means the ongoing coordination, by a case manager, of health care services provided to an injured or disabled worker, including, but not limited to systematically monitoring the treatment rendered and the medical progress of the injured or disabled worker; ensuring that any treatment plan follows all appropriate treatment protocols, utilization controls and practice parameters; assessing whether alternative health care services are appropriate and delivered in a cost-effective manner based upon acceptable medical standards; and ensuring that the injured or disabled worker is following the prescribed health care plan;&nbsp;</span></p> <p class="cls1"><span class="cls0">6. "Case manager" means a person who is a registered nurse with a current, active unencumbered license from the Oklahoma Board of Nursing, or possesses one or more of the following certifications which indicate the individual has a minimum number of years of case management experience, has passed a national competency test and regularly obtains continuing education hours to maintain certification:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Certified Disability Management Specialist (CDMS),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Certified Case Manager (CCM),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Certified Rehabilitation Registered Nurse (CRRN),&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Case Manager - Certified (CMC),&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Certified Occupational Health Nurse (COHN), or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;Certified Occupational Health Nurse Specialist (COHN-S);&nbsp;</span></p> <p class="cls1"><span class="cls0">7. "Certified workplace medical plan" means an organization of health care providers or any other entity, certified by the State Commissioner of Health, that is authorized to enter into a contractual agreement with a self-insured employer, group self-insurance association plan, an employer's workers' compensation insurance carrier or an insured, which shall include any member of an approved group self-insured association, policyholder or public entity to provide medical care under the Workers' Compensation Code. Certified plans shall only include such plans which provide medical services and payment for services on a fee-for-service basis to medical providers and shall not include other plans which contract in some other manner, such as capitated or prepaid plans;&nbsp;</span></p> <p class="cls1"><span class="cls0">8. "Child" means a natural or adopted son or daughter of the employee under eighteen (18) years of age; or a natural or adopted son or daughter of an employee eighteen (18) years of age or over who is physically or mentally incapable of self-support; or any natural or adopted son or daughter of an employee eighteen (18) years of age or over who is actually dependent; or any natural or adopted son or daughter of an employee between eighteen (18) and twenty-three (23) years of age who is enrolled as a full-time student in any accredited educational institution. The term "child" includes a posthumous child, a child legally adopted or one for whom adoption proceedings are pending at the time of death, an actually dependent stepchild or an actually dependent acknowledged child born out of wedlock;&nbsp;</span></p> <p class="cls1"><span class="cls0">9. "Claimant" means a person who claims benefits for an injury pursuant to the provisions of the Workers' Compensation Code;&nbsp;</span></p> <p class="cls2"><span class="cls0">10.&nbsp;&nbsp;a.&nbsp;&nbsp;"Compensable injury" means any injury or occupational illness, causing internal or external harm to the body, which arises out of and in the course of employment if such employment was the major cause of the specific injury or illness. An injury, other than cumulative trauma, is compensable only if it is caused by a specific incident and is identifiable by time, place and occurrence unless it is otherwise defined as compensable in this act. A compensable injury must be established by objective medical evidence. The employee has the burden of proof to establish by a preponderance of the evidence that such unexpected or unforeseen injury was in fact caused by the employment. There is no presumption from the mere occurrence of such unexpected or unforeseen injury that the injury was in fact caused by the employment.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;"Compensable injury" means a cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death, only if, in relation to other factors contributing to the physical harm, a work-related activity is the major cause of the physical harm. Such injury shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the usual work of the employee, or alternately, that some unusual incident occurred which is found to have been the major cause of the physical harm.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;"Compensable injury" shall not include the ordinary, gradual deterioration or progressive degeneration caused by the aging process, unless the employment is a major cause of the deterioration or degeneration and is supported by objective medical evidence; nor shall it include injury incurred while engaging in or performing, or as the result of engaging in or performing, any recreational or social activities.&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;"Compensable injury" includes personal property which is established by objective medical evidence to be medically necessary and which replaces or improves normal physical function of the body, such as artificial dentures, artificial limbs, glass eyes, eye glasses and other prostheses which are placed in or on the body and is damaged as a result of the injury.&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;"Compensable injury" shall not include an injury resulting directly or indirectly from idiopathic causes; any contagious or infectious disease unless it arises out of and occurs in the scope and course of employment; or death due to natural causes occurring while the worker is at work.&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;"Compensable injury" shall not include mental injury that does not arise directly as a result of a compensable physical injury, except in the case of rape or other crime of violence which arises out of and in the course of employment;&nbsp;</span></p> <p class="cls1"><span class="cls0">11. "Compensation" means the money allowance payable to an employee as provided for in the Workers' Compensation Code;&nbsp;</span></p> <p class="cls1"><span class="cls0">12. "Consequential injury" means injury or harm to a part of the body that is a direct result of the injury or medical treatment to the part of the body originally injured in the claim. The Court shall not make a finding of a consequential injury unless it is established by objective medical evidence that medical treatment for such part of the body is required;&nbsp;</span></p> <p class="cls1"><span class="cls0">13. "Continuing medical maintenance" means medical treatment that is reasonable and necessary to maintain claimant's condition resulting from the compensable injury or illness after reaching maximum medical improvement. Continuing medical maintenance shall not include diagnostic tests, surgery, injections, counseling, physical therapy, or pain management devices or equipment, unless specifically authorized by the Workers' Compensation Court in advance of such treatment;&nbsp;</span></p> <p class="cls1"><span class="cls0">14. "Court" means the Workers' Compensation Court;&nbsp;</span></p> <p class="cls1"><span class="cls0">15. "Cumulative trauma" means a compensable injury which is repetitive in nature and engaged in over a period of time, the major cause of which results from employment activities, and proved by objective medical evidence;&nbsp;</span></p> <p class="cls1"><span class="cls0">16. "Drive-away operations" include every person engaged in the business of transporting and delivering new or used vehicles by driving, either singly or by towbar, saddle mount or full mount method, or any combination thereof, with or without towing a privately owned vehicle;&nbsp;</span></p> <p class="cls1"><span class="cls0">17. "Employee" means any person engaged in the employment of an employer covered by the terms of the Workers' Compensation Code except for such persons as may be excluded elsewhere in this act. Provided, any person excluded as an employee may, if otherwise qualified, be eligible for benefits under the Workers' Compensation Code if specifically covered by any policy of insurance covering benefits under the Workers' Compensation Code. "Employee" shall also include a member of the Oklahoma National Guard while in the performance of duties only while in response to state orders and any authorized voluntary or uncompensated worker, rendering services as a firefighter, peace officer or emergency management worker. "Employee" shall also include a participant in a sheltered workshop program which is certified by the United States Department of Labor;&nbsp;</span></p> <p class="cls1"><span class="cls0">18. "Employer", except when otherwise expressly stated, means a person, partnership, association, limited liability company, corporation, and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association, corporation, or limited liability company, departments, instrumentalities and institutions of this state and divisions thereof, counties and divisions thereof, public trusts, boards of education and incorporated cities or towns and divisions thereof, employing a person included within the term "employee" as defined in this section. Employer may also mean the employer's workers' compensation insurance carrier, if applicable;&nbsp;</span></p> <p class="cls1"><span class="cls0">19. "Employment" includes work or labor in a trade, business, occupation or activity carried on by an employer or any authorized voluntary or uncompensated worker rendering services as a firefighter, peace officer or emergency management worker;&nbsp;</span></p> <p class="cls1"><span class="cls0">20. "Evidence-based" means expert-based, literature-supported and outcomes validated by well-designed randomized trials when such information is available and which uses the best available evidence to support medical decision making;&nbsp;</span></p> <p class="cls1"><span class="cls0">21. "Gainful employment" means the capacity to perform employment for wages for a period of time that is not part-time, occasional or sporadic;&nbsp;</span></p> <p class="cls1"><span class="cls0">22. "Grandchild" means a child of a child;&nbsp;</span></p> <p class="cls1"><span class="cls0">23. "Impaired self-insurer" means a private self-insurer or group self-insurance association that fails to pay its workers' compensation obligations, or is financially unable to do so and is the subject of any proceeding under the Federal Bankruptcy Reform Act of 1978, and any subsequent amendments or is the subject of any proceeding in which a receiver, custodian, liquidator, rehabilitator, trustee or similar officer has been appointed by a court of competent jurisdiction to act in lieu of or on behalf of the self-insurer;&nbsp;</span></p> <p class="cls1"><span class="cls0">24. "Incapacity" means inadequate strength or ability to perform a work-related task;&nbsp;</span></p> <p class="cls1"><span class="cls0">25. "Independent medical examiner" means a licensed physician authorized to serve as a medical examiner pursuant to this act;&nbsp;</span></p> <p class="cls1"><span class="cls0">26. "Insurance carrier" shall include stock corporations, reciprocal or interinsurance associations, or mutual associations with which employers have insured, including CompSource Mutual Insurance Company, and employers permitted to pay compensation directly under the provisions of Section 351 of this title;&nbsp;</span></p> <p class="cls1"><span class="cls0">27. "Light duty" describes the status of an employee when a physician has declared the employee available for work with specific temporary physical restrictions;&nbsp;</span></p> <p class="cls1"><span class="cls0">28. "Major cause" means more than fifty percent (50%) of the resulting injury, disease or illness. A finding of major cause shall be established by a preponderance of the evidence. A finding that the workplace was not a major cause of the injury, disease or illness shall not adversely affect the exclusive remedy provisions of this act and shall not create a separate cause of action outside of this act;&nbsp;</span></p> <p class="cls1"><span class="cls0">29. "Maximum medical improvement" means that no further material improvement would reasonably be expected from medical treatment or the passage of time;&nbsp;</span></p> <p class="cls1"><span class="cls0">30. "Medical treatment" means such medical, diagnostic, surgical or other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus as may be reasonable and necessary after the compensable injury for an injured employee;&nbsp;</span></p> <p class="cls1"><span class="cls0">31. "Nationally recognized" includes, but is not limited to, syntheses of clinical issues that may take the form of published reports in the scientific literature, national consensus documents, formalized documents addressing standards of practice, practice parameters from professional societies or commissions, and technology assessments produced by independent evidence-based practice centers;&nbsp;</span></p> <p class="cls1"><span class="cls0">32. "Objective medical evidence" means evidence which meets the criteria of Federal Rule of Evidence 702 and all U.S. Supreme Court case law applicable thereto. Objective findings are those findings which cannot come under the voluntary control of the patient. When determining physical or anatomical impairment, neither a physician, any other medical provider, a judge of the Workers' Compensation Court, nor the courts may consider complaints of pain. For the purpose of making physical or anatomical impairment ratings to the spine, physicians shall use criteria established by the American Medical Association guides or modifications thereto as approved by the Legislature. Objective evidence necessary to prove physical or anatomical impairment in occupational hearing loss cases shall be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability. Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty;&nbsp;</span></p> <p class="cls1"><span class="cls0">33. "Occupational disease" means only that disease or illness which is due to causes and conditions characteristic of or peculiar to the particular trade, occupation, process or employment in which the employee is exposed to such disease. An occupational disease arises out of the employment only if the employment was the major cause of the resulting occupational disease and such is supported by objective medical evidence, as defined in this section;&nbsp;</span></p> <p class="cls1"><span class="cls0">34. "Peer review" means the process of subjecting submitted manuscripts, guidelines, or other clinical or scholarly work to the scrutiny of others who are experts in the same field;&nbsp;</span></p> <p class="cls1"><span class="cls0">35. "Permanent partial impairment" means any anatomical abnormality or loss of use after maximum medical improvement has been achieved which can be evaluated by a physician. Any examining physician shall only evaluate impairment in accordance with the method prescribed in Section 333 of this title. All evaluations of permanent impairment must be supported by objective medical evidence;&nbsp;</span></p> <p class="cls1"><span class="cls0">36. "Permanent total disability" means incapacity, because of accidental injury or occupational disease, to earn wages in any employment for which the employee may become physically suited and reasonably fitted by education, training or experience, including vocational rehabilitation. Loss of both hands, or both feet, or both legs, or both eyes, or any two thereof, shall constitute permanent total disability;&nbsp;</span></p> <p class="cls1"><span class="cls0">37. "Private self-insurer" means a private employer that has been authorized to self-insure its workers' compensation obligations pursuant to Section 351 of this title, but does not include group self-insurance associations authorized under Section 351 of this title or Section 398 of this title, or any public employer that self-insures pursuant to Section 313 of this title;&nbsp;</span></p> <p class="cls1"><span class="cls0">38. "Prosthetic device" means an artificial device used to replace a part or joint of the body that is lost or injured in an accident or illness covered by this act;&nbsp;</span></p> <p class="cls1"><span class="cls0">39. "Qualified independent medical examiner" means a licensed medical doctor or doctor of Osteopathy qualified to serve as an independent medical examiner pursuant to this act;&nbsp;</span></p> <p class="cls1"><span class="cls0">40. "Scheduled member" or "member" means hands, fingers, arms, legs, feet, toes, and eyes. In addition, for purposes of the Multiple Injury Trust Fund only, "scheduled member" means hearing impairment;&nbsp;</span></p> <p class="cls1"><span class="cls0">41. "Scientifically based" involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to medical testing, diagnoses and treatment; is adequate to justify the general conclusions drawn; and has been accepted by a peer-review journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review;&nbsp;</span></p> <p class="cls1"><span class="cls0">42. "State-developed" includes formalized treatment guidelines developed and adopted by state governments, or by the Workers' Compensation Court upon recommendation of the Physician Advisory Committee;&nbsp;</span></p> <p class="cls1"><span class="cls0">43. "State's average weekly wage" means the average weekly wage in this state determined by the Oklahoma Employment Security Commission annually, which shall be used to establish maximum benefits under the Workers' Compensation Code for injuries occurring during a one-year period, which period shall begin on the first day of November after publication by the Oklahoma Employment Security Commission. For the purpose of computing benefits payable under the Workers' Compensation Code, the state's average weekly wage shall be rounded to the nearest dollar;&nbsp;</span></p> <p class="cls1"><span class="cls0">44. "Subcontractor" means a person, firm, corporation or other legal entity hired by the general or prime contractor to perform a specific task for the completion of a work-related activity;&nbsp;</span></p> <p class="cls1"><span class="cls0">45. "Surgery" does not include an injection, or the forcing of fluids beneath the skin, for treatment or diagnosis;&nbsp;</span></p> <p class="cls1"><span class="cls0">46. "Surviving spouse" means the employee's spouse by reason of a legal marriage recognized by any state or nation or by common law, under the requirements of a common law marriage in this state, as determined by the Workers' Compensation Court;&nbsp;</span></p> <p class="cls1"><span class="cls0">47. "Temporary partial disability" describes the status of an injured worker who is under active medical care that is expected to improve his or her condition and who is unable to perform some of the normal activities of his or her work or is limited to a portion of his or her normal hours of employment;&nbsp;</span></p> <p class="cls1"><span class="cls0">48. "Treating physician" means the licensed physician authorized to provide active medical treatment for an injured worker; and&nbsp;</span></p> <p class="cls1"><span class="cls0">49. "Wages" means money compensation received for employment at the time of the injury, including the reasonable value of board, rent, housing, lodging, bonuses, sales commissions, or similar advantage received from the employer.&nbsp;</span></p> <p><span class="cls0">&sect;85-309. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-310. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-311. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-312. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-313. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 38 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. 1. All public entities of this state, their agencies and instrumentalities, authorities, and public trusts of which they are beneficiaries shall provide workers' compensation to their employees and elected officials engaged in either governmental or proprietary functions in accordance with this section. Compensation or indemnification for compensation shall be paid out of the funds of the public entities.&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Except as otherwise provided, the state and all its institutions of higher education, departments, instrumentalities, institutions, and public trusts of which it or they are beneficiaries shall insure against liability for workers' compensation.&nbsp;</span></p> <p class="cls1"><span class="cls0">3. The state, all state institutions of higher education except comprehensive universities, and all state departments, instrumentalities, institutions, and public trusts of which the state is a beneficiary, may self-insure.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. All counties, cities and towns, their instrumentalities and public trusts of which they are beneficiaries shall insure against their liability for workers' compensation through any combination of the following:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. Insure with an insurance carrier licensed in this state;&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Self-insure and make any appropriation of funds to cover their risk;&nbsp;</span></p> <p class="cls1"><span class="cls0">3. Secure reinsurance or excess insurance over and above a self-insurance retention in any manner authorized by subsections B and C of Section 167 of Title 51 of the Oklahoma Statutes; or&nbsp;</span></p> <p class="cls1"><span class="cls0">4. Secure compensation for their employees in the manner provided in The Governmental Tort Claims Act, subsection C of Section 167 of Title 51 of the Oklahoma Statutes.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. Boards of education, their instrumentalities and public trusts of which they are beneficiaries shall insure against their liability for workers' compensation through any combination of the following:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. Insure with an insurance carrier licensed in this state;&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Self-insure and make any appropriation of funds to cover their risk; or&nbsp;</span></p> <p class="cls1"><span class="cls0">3. Secure reinsurance or excess insurance over and above a self-insured retention in any manner authorized by law.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. Comprehensive universities shall insure against their liability for workers' compensation through any combination of the following:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. Insure with an insurance carrier licensed in this state; or&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Self-insure and make any appropriation of funds to cover their risk.&nbsp;</span></p> <p class="cls1"><span class="cls0">E. For purposes of the Workers' Compensation Code, all contracts of employment for state, county, municipal, and state funded educational entities and public trusts will be considered to have been entered into in this state regardless of where the work is performed.&nbsp;</span></p> <p class="cls1"><span class="cls0">F. Where a person who is employed by the state, a municipality, a county, or by any political subdivisions thereof, and who, while off-duty from the employment, is employed by a private employer, the private employer alone shall be liable for compensation under the Workers' Compensation Code for any injury or death of the person arising out of and in the course of employment which occurs during the hours of actual employment by the private employer. The provisions of this act shall be applicable to private employers specified in this subsection. The provisions of this subsection shall not relieve the state, a municipality or a county, or any political subdivision thereof, from providing disability benefits to which a person may be entitled pursuant to a pension or retirement plan. The provisions of this subsection shall not preclude an employee or group of employees so employed from providing separate compensation coverage for off-duty employment by a private employer.&nbsp;</span></p> <p><span class="cls0">&sect;85-314. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-315. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-316. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-317. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-318. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-319. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-320. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-321. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-322. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-323. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-324. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-325. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-326. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-327. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Prior to repeal, this section was amended by Laws 2013, c. 33, &sect; 1 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. For the express purpose of reducing the overall cost of medical care for injured workers in the workers' compensation system by five percent (5%), the Administrator of the Workers' Compensation Court is hereby directed to develop a new "Oklahoma Workers' Compensation Medical Fee Schedule" to be implemented by January 1, 2012. Thereafter, the Administrator shall conduct a review of the Fee Schedule every two (2) years. The Fee Schedule shall establish the maximum rates that medical providers shall be reimbursed for medical care provided to injured workers, including, but not limited to, charges by physicians, dentists, counselors, hospitals, ambulatory and outpatient facilities, clinical laboratory services, diagnostic testing services, and ambulance services, and charges for durable medical equipment, prosthetics, orthotics, and supplies.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. Reimbursement for medical care shall be prescribed and limited by the Fee Schedule as adopted by the Administrator, after notice and public hearing. The director of the Oklahoma State Employees Group Insurance Board shall provide the Administrator such information as may be relevant in the development of the Fee Schedule. The Administrator shall develop the Fee Schedule in a manner in which quality of medical care is assured and maintained for injured workers. The Administrator shall give due consideration to additional requirements for physicians treating an injured worker under this act, including, but not limited to, communication with claims representatives, case managers, attorneys, and representatives of employers, and the additional time required to complete forms for the Court, insurance carriers, and employers.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. In making adjustments to the Fee Schedule, the Administrator shall use, as a benchmark, the reimbursement rate for each Current Procedural Terminology (CPT) code provided for in the fee schedule published by the Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services for use in Oklahoma (Medicare Fee Schedule) on August 6, 2011. For services not valued by CMS, the Administrator shall establish values based on the usual, customary and reasonable medical payments to health care providers in the same trade area for comparable treatment of a person with similar injuries.&nbsp;</span></p> <p class="cls1"><span class="cls0">1. No reimbursement shall be allowed for any magnetic resonance imaging (MRI) unless the MRI is provided by an entity that meets Medicare requirements for the payment of MRI services or is accredited by the American College of Radiology, the Intersocietal Accreditation Commission or the Joint Commission on Accreditation of Healthcare Organizations. For all other radiology procedures, the reimbursement rate shall be the lesser of the reimbursement rate allowed by the 2010 Oklahoma Fee Schedule or two hundred seven percent (207%) of the Medicare Fee Schedule.&nbsp;</span></p> <p class="cls1"><span class="cls0">2. For reimbursement of medical services for Evaluation and Management of injured employees as defined in the fee schedule adopted by the Administrator, the reimbursement rate shall not be less than one hundred fifty percent (150%) of the Medicare Fee Schedule.&nbsp;</span></p> <p class="cls1"><span class="cls0">3. Any entity providing durable medical equipment, prosthetics, orthotics or supplies must be accredited by a CMS&ndash;approved accreditation organization. In the event a physician provides durable medical equipment, prosthetics, orthotics, prescription drugs, or supplies to a patient ancillary to the patient visit, reimbursement will be no more than ten percent (10%) above cost.&nbsp;</span></p> <p class="cls1"><span class="cls0">4. The Administrator shall develop a reasonable stop loss provision of the Fee Schedule to provide for adequate reimbursement for treatment for major burns, severe head and neurological injuries, multiple system injuries, and other catastrophic injuries requiring extended periods of intensive care.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. The right to recover charges for every type of medical care for injuries arising out of and in the course of covered employment as defined in this act shall lie solely with the Workers' Compensation Court and its administration. When a medical care provider has brought a claim in the Court to obtain payment for services, a party who prevails in full on the claim shall be entitled to a reasonable attorney fee.&nbsp;</span></p> <p class="cls1"><span class="cls0">E. Nothing in this section shall prevent an employer, insurance carrier, group self-insurance association, or certified workplace medical plan from contracting with a provider of medical care for a reimbursement rate that is greater than or less than limits established by the Fee Schedule.&nbsp;</span></p> <p class="cls1"><span class="cls0">F. A treating physician may not charge more than Four Hundred Dollars ($400.00) per hour for preparation for or testimony at a deposition or court appearance in connection with a claim covered by the Workers' Compensation Code.&nbsp;</span></p> <p class="cls1"><span class="cls0">G. The Administrator's review of medical and treatment charges pursuant to this section shall be conducted pursuant to the Fee Schedule in existence at the time the medical care or treatment was provided. The order approving the medical and treatment charges pursuant to this section shall be enforceable by the Court in the same manner as provided in the Workers' Compensation Code for the enforcement of other compensation payments. Any party feeling aggrieved by the order, decision or award of the Administrator shall, within ten (10) days, have the right to request a hearing on such medical and treatment charges by a judge of the Court. The judge of the Court may affirm the decision of the Administrator, or reverse or modify the decision only if it is found to be contrary to the Fee Schedule existing at the time the medical care or treatment was provided. The order of the judge shall be subject to the same appellate procedure set forth for all other orders of the Court.&nbsp;</span></p> <p class="cls1"><span class="cls0">H. Charges for prescription drugs dispensed by a pharmacy shall be limited to ninety percent (90%) of the average wholesale price of the prescription, plus a dispensing fee of Five Dollars ($5.00) per prescription. "Average wholesale price" means the amount determined from the latest publication designated by the Administrator. Physicians shall prescribe and pharmacies shall dispense generic equivalent drugs when available. If the National Drug Code (NDC) for the drug product dispensed is for a repackaged drug, then the maximum reimbursement shall be the lesser of the original labeler's NDC or the lowest cost therapeutic equivalent drug product. Compounded medications shall be billed by the compounding pharmacy at the ingredient level, with each ingredient identified using the applicable NDC of the drug product, and the corresponding quantity. Ingredients with no NDC area are not separately reimbursable. Payment shall be based upon a sum of the allowable fee for each ingredient plus a dispensing fee of Five Dollars ($5.00) per prescription.&nbsp;</span></p> <p class="cls1"><span class="cls0">I. When medical care includes prescription drugs dispensed by a physician or other medical care provider, the employer or insurance carrier shall be required to pay the lesser of the reimbursement amount specified under the schedule of fees adopted by the Administrator, the reimbursement amount for prescription drugs obtained by mail order, when mail order is available, or the reimbursement amount for prescription drugs obtained at a retail pharmacy. If the NDC for the drug product dispensed is for a repackaged drug, then the maximum reimbursement shall be the lesser of the original labeler's NDC or the lowest cost therapeutic equivalent drug product. Compounded medications shall be billed by the compounding pharmacy.&nbsp;</span></p> <p class="cls1"><span class="cls0">J. Implantables are paid in addition to procedural reimbursement paid for medical or surgical services. A manufacturer's invoice for the actual cost to a physician, hospital or other entity of an implantable device shall be adjusted by the physician, hospital or other entity to reflect, at the time implanted, all applicable discounts, rebates, considerations and product replacement programs and must be provided to the payer by the physician or hospital as a condition of payment for the implantable device. In the event the physician, or an entity that the physician has a financial interest in, other than an ownership interest of less than five percent (5%) in a publicly traded company provides implantable devices, this relationship must be disclosed to patient, employer, insurance company, third party administrator, certified workplace medical plan, case managers, and attorneys representing claimant and defendant. In the event the physician, or an entity that the physician has a financial interest in, other than an ownership interest of less than five percent (5%) in a publicly traded company, buys and resells implantable devices to the hospital or another physician, that markup shall be limited to ten percent (10%) above cost.&nbsp;</span></p> <p class="cls1"><span class="cls0">K. Payment for medical care as required by this act shall be due within forty-five (45) days of the receipt by the employer or insurance carrier of a complete and accurate invoice, unless the employer or insurance carrier has a good faith reason to request additional information about such invoice. Thereafter, a judge of the Court may assess a penalty up to twenty-five percent (25%) for any amount due under the Fee Schedule that remains unpaid upon the finding by the Court that no good faith reason existed for the delay in payment. In the event the Court finds a pattern of an employer or insurance carrier willfully and knowingly delaying payments for medical care, the Court may assess a civil penalty of not more than Five Thousand Dollars ($5,000.00) per occurrence.&nbsp;</span></p> <p class="cls1"><span class="cls0">L. In the event an employee fails to appear for a scheduled appointment with a physician, the employer or insurance company shall pay to the physician a reasonable charge, to be determined by the Administrator, for the missed appointment. In the absence of a good faith reason for missing the appointment, the Court shall order the employee to reimburse the employer or insurance company for such charge.&nbsp;</span></p> <p class="cls1"><span class="cls0">M. Physicians providing treatment under this act shall disclose under penalty of perjury to the Administrator of the Workers' Compensation Court, on a form prescribed by the Administrator, any ownership or interest in any health care facility, business, or diagnostic center that is not the physician's primary place of business. Such disclosure shall include any employee leasing arrangement between the physician and any health care facility that is not the physician's primary place of business. A physician's failure to disclose as required by this section shall be grounds for the Administrator to disqualify the physician from providing treatment under this act.&nbsp;</span></p> <p><span class="cls0">&sect;85-328. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 39 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. If a self-insured employer, group self-insurance association plan, an employer's workers' compensation insurance carrier or an insured, which shall include any member of an approved group self-insured association, policyholder or public entity, has contracted with a workplace medical plan that is certified by the State Commissioner of Health as provided in this act, the employer shall select for the injured employee a treating physician from the physicians listed within the network of the certified workplace medical plan. The claimant may apply to the certified workplace medical plan for a one-time change of physician to another appropriate physician within the network of the certified workplace medical plan by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health. Notwithstanding any other provision of law, those employees who are subject to such certified workplace medical plan shall receive medical treatment in the manner prescribed by the plan.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. The provisions of this section shall not preclude an employee, who has exhausted the dispute resolution process of the certified workplace medical plan, from petitioning the Workers' Compensation Court for a change of treating physician within the certified workplace medical plan or, if a physician who is qualified to treat the employee's injuries is not available within the plan, for a change of physician outside the plan, if the physician agrees to comply with all the rules, terms and conditions of the certified workplace medical plan; or an employee from seeking emergency medical treatment.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. Any person or entity may make written application to the State Commissioner of Health to have a workplace medical plan certified that provides management of quality treatment to injured employees for injuries and diseases compensable under the Workers' Compensation Code. Each application for certification shall be accompanied by a fee of One Thousand Five Hundred Dollars ($1,500.00). A workplace medical plan may be certified to provide services to a limited geographic area. A certificate is valid for a five-year period, unless revoked or suspended. Application for certification shall be made in the form and manner and shall set forth information regarding the proposed program for providing services as the Commissioner may prescribe. The information shall include, but not be limited to:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. A list of the names of all medical providers who will provide services under the plan, together with appropriate evidence of compliance with any licensing or certification requirements for those providers to practice in this state; and&nbsp;</span></p> <p class="cls1"><span class="cls0">2. A description of the places and manner of providing services under the plan.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. 1. The Commissioner shall not certify a plan unless the Commissioner finds that the plan:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;proposes to provide quality services for all medical services which:&nbsp;</span></p> <p class="cls4"><span class="cls0">(1)&nbsp;&nbsp;may be required by the Workers' Compensation Code in a manner that is timely, effective and convenient for the employee, and&nbsp;</span></p> <p class="cls4"><span class="cls0">(2)&nbsp;&nbsp;utilizes medical treatment guidelines and protocols substantially similar to those established for use by medical service providers which have been recommended by the Physician Advisory Committee and adopted by the Administrator pursuant to this act. If the Administrator has not adopted medical treatment guidelines and protocols, the Commissioner may certify a plan that utilizes medical guidelines and protocols established by the plan if, at the discretion of the Commissioner, the guidelines and protocols are reasonable and will carry out the intent of the Workers' Compensation Code. Certified plans must utilize medical treatment guidelines and protocols substantially similar to those adopted by the Administrator pursuant to this act, as such guidelines and protocols become adopted,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;is reasonably geographically convenient to residents of the area for which it seeks certification,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;provides appropriate financial incentives to reduce service costs and utilization without sacrificing the quality of service,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;provides adequate methods of peer review, utilization review and dispute resolution to prevent inappropriate, excessive or medically unnecessary treatment, and excludes participation in the plan by those providers who violate these treatment standards,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;requires the dispute resolution procedure of the plan to include a requirement that disputes on an issue, including a subsequent change of physician as described in the provisions of this section, related to medical care under the plan, be attempted to be resolved within ten (10) days of the time the dispute arises and if not resolved within ten (10) days, the employee may pursue remedies in the Court,&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;provides aggressive case management for injured employees and a program for early return to work,&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;provides workplace health and safety consultative services,&nbsp;</span></p> <p class="cls3"><span class="cls0">h.&nbsp;&nbsp;provides a timely and accurate method of reporting to the Commissioner necessary information regarding medical service costs and utilization to enable the Commissioner to determine the effectiveness of the plan,&nbsp;</span></p> <p class="cls3"><span class="cls0">i.&nbsp;&nbsp;authorizes necessary emergency medical treatment for an injury provided by a provider of medical, surgical, and hospital services who is not a part of the plan,&nbsp;</span></p> <p class="cls3"><span class="cls0">j.&nbsp;&nbsp;does not discriminate against or exclude from participation in the plan any category of providers of medical, surgical, or hospital services and includes an adequate number of each category of providers of medical, surgical, and hospital services to give participants access to all categories of providers and does not discriminate against ethnic minority providers of medical services, and&nbsp;</span></p> <p class="cls3"><span class="cls0">k.&nbsp;&nbsp;complies with any other requirement the Commissioner determines is necessary to provide quality medical services and health care to injured employees.&nbsp;</span></p> <p class="cls1"><span class="cls0">2. The Commissioner may accept findings, licenses or certifications of other state agencies as satisfactory evidence of compliance with a particular requirement of this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">E. If any insurer fails to contract with or provide access to a certified workplace medical plan, an insured, after sixty (60) days' written notice to its insurance carrier, shall be authorized to contract independently with a plan of his or her choice for a period of one (1) year, to provide medical care under the Workers' Compensation Code. The insured shall be authorized to contract, after sixty (60) days' written notice to its insurance carrier, for additional one-year periods if his or her insurer has not contracted with or provided access to a certified workplace medical plan.&nbsp;</span></p> <p class="cls1"><span class="cls0">F. A workers' compensation insurance carrier or a group self-insurance association plan may grant a ten-percent premium reduction to an employer who is not experience rated when the employer participates in a certified workplace medical plan.&nbsp;</span></p> <p class="cls1"><span class="cls0">G. The Commissioner shall refuse to certify or shall revoke or suspend the certification of a plan if the Commissioner finds that the program for providing medical or health care services fails to meet the requirements of this section, or service under the plan is not being provided in accordance with the terms of the plan.&nbsp;</span></p> <p class="cls1"><span class="cls0">H. The State Commissioner of Health shall implement a site visit protocol for employees of the State Department of Health to perform an inspection of a certified workplace medical plan to ensure that medical services to a claimant and the medical management of the claimant's needs are adequately met in a timely manner and that the certified workplace medical plan is complying with all other applicable provisions of this act and the rules of the State Department of Health. Such protocol shall include, but not be limited to:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. A site visit shall be made to each certified workplace medical plan not less often than once every year, but not later than thirty (30) days following the anniversary date of issuance of the initial or latest renewal certificate;&nbsp;</span></p> <p class="cls1"><span class="cls0">2. A site visit shall conclude with a determination that a certified workplace medical plan is or is not operating in accordance with its latest application to the State Department of Health;&nbsp;</span></p> <p class="cls1"><span class="cls0">3. Compliant operations shall include, but not be limited to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;timely and effective medical services available with reasonable geographic convenience,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;appropriate treatment guidelines and protocols, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;effective programs for utilization review, case management, grievances, and dispute resolution;&nbsp;</span></p> <p class="cls3"><span class="cls0">4. Performance of a site visit shall include:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;inspection of organizational documentation,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;inspection of systems documentation and processes,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;random or systematic sampling of closed and open case management cases (files),&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;random or systematic sampling, or a one-hundred-percent inspection of all dispute resolution, grievance, and Department of Health request for assistance files,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;workplace medical plan employee and management interviews, as appropriate;&nbsp;</span></p> <p class="cls1"><span class="cls0">5. An initial site visit may occur with an interval of less than twelve (12) months to a recently certified plan, or a site visit may occur more often than once in every twelve (12) months if the State Commissioner of Health has reason to suspect that a plan is not operating in accordance with its certification;&nbsp;</span></p> <p class="cls1"><span class="cls0">6. If a deficient practice is identified during a site visit, the State Department of Health shall require a certified workplace medical plan to submit a timely and acceptable written plan of correction, and then may perform a follow-up visit or visits to ensure that the deficient practice has been eliminated;&nbsp;</span></p> <p class="cls1"><span class="cls0">7. A deficient practice that is not remedied by a certified workplace medical plan on a timely basis shall require the State Commissioner of Health to revoke or to suspend the certification of a plan;&nbsp;</span></p> <p class="cls1"><span class="cls0">8. The fees payable to the State Department of Health shall be:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;One Thousand Five Hundred Dollars ($1,500.00) for an initial, annual site visit,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;One Thousand Dollars ($1,000.00) if a follow-up visit is performed,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;separate from the once in five (5) years certification application fee, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;charged only if less than two site visits occur in a twelve-month period; and&nbsp;</span></p> <p class="cls1"><span class="cls0">9. In addition to the site visit fee, employees of the State Department of Health may charge to the certified workplace medical plan reasonable travel and travel-related expenses for the site visit such as overnight lodging and meals. A certified workplace medical plan shall reimburse travel expenses to the State Department of Health at rates equal to the amounts then currently allowed under the State Travel Reimbursement Act.&nbsp;</span></p> <p class="cls1"><span class="cls0">I. The State Board of Health shall adopt such rules as may be necessary to implement the provisions of this act and this section. Such rules shall authorize any person to petition the State Commissioner of Health for decertification of a certified workplace medical plan for material violation of any rules promulgated pursuant to this section.&nbsp;</span></p> <p><span class="cls0">&sect;85-329. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-330. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-331. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-332. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-333. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-334. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-335. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-336. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-337. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-338. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-339. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 40 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. If the employee and employer shall reach an agreement for the full, final and complete settlement of any issue of a claim pursuant to the Workers' Compensation Code, a form designated as "Compromise Settlement" shall be signed by both the employer and employee, or representatives thereof, and shall be approved by a judge of the Workers' Compensation Court or the Administrator of the Workers' Compensation Court and filed with the Administrator. In cases in which the employee is not represented by legal counsel, a judge of the Court or the Administrator shall have jurisdiction to approve a full, final and complete settlement of any issue upon the filing of an Employer's First Notice of Injury. There shall be no requirement for the filing of an Employee's First Notice of Accidental Injury and Claim for Compensation to effect such settlement in cases in which the employee is not represented by legal counsel.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. In the event all issues of a claim are not fully, finally and completely settled by a Compromise Settlement, the issues not settled by the parties and subject to the Court's continuing jurisdiction must be noted by appendix to the Compromise Settlement or on a form created for such purpose by the Administrator. The appendix must be signed by the parties and approved by the Court as set forth herein.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. In the absence of fraud, a Compromise Settlement shall be deemed binding upon the parties thereto and a final adjudication of all rights pursuant to the Workers' Compensation Code. An official record shall be made by a court reporter of the testimony taken to effect the Compromise Settlement.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. A good-faith effort shall be made on the part of any insurance carrier or group self-insured plan to notify an insured employer of the possibility of and terms of any settlement of a workers' compensation case pursuant to this section. Written comments or objections to settlements shall be filed with the Court and periodically shared with the management of the applicable insurer. A written notice shall be made to all policyholders of their right to a good-faith effort by their insurer to notify them of any proposed settlement, if the policyholder so chooses.&nbsp;</span></p> <p><span class="cls0">&sect;85-340. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-341. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-342. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-343. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-344. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-345. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-346. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-347. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-348. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-349. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-350. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-351. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-352. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 41 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. In addition to any other penalty prescribed by law, any employer who fails to secure compensation required by Section 351 of this title shall be liable for a civil penalty, to be assessed by the Commissioner of Labor or designee, of not more than Two Hundred Fifty Dollars ($250.00) per employee for a first offense, unless the employer secures workers' compensation insurance within thirty (30) days after receiving notice of the violation. If the employer secures workers' compensation insurance within thirty (30) days after receiving notice of the violation, the employer shall be liable for a civil penalty of not more than Seventy-five Dollars ($75.00) per employee. An employer shall be liable for a civil penalty of not more than One Thousand Dollars ($1,000.00) per employee for a second or subsequent offense. Provided, the maximum civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) for all related series of violations. All civil penalties collected shall be deposited in the Department of Labor Revolving Fund and shall be used to enforce the provisions of the Workers' Compensation Code.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. After an employer is cited for two offenses of failing to obtain workers' compensation insurance and fails to obtain coverage within thirty (30) days of the second citation, the Commissioner of Labor shall issue cease and desist orders, in accordance with the Department of Labor administrative rules and procedures, against an employer until the violating employer shall obtain workers' compensation insurance for its employees. The Commissioner of Labor shall have the authority to require the cessation of activities of an employer whose employees are not covered by workers' compensation insurance until the violating employer shall obtain workers' compensation insurance for its employees; provided that an employer who has made application for workers' compensation coverage with an insurance carrier, and who, through no fault of the employer, has not received notice that such coverage has commenced, shall not be made to cease operations, as provided for in this section, until a determination has been made concerning the employee's application for workers' compensation coverage. Any order to cease and desist issued by the Commissioner may be enforced in district court. The district court may issue the Commissioner an injunction without bond, for the purposes of enforcing this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. The Commissioner of Labor or designee shall assess and collect any civil penalty incurred under subsection A of this section and, in the Commissioner's discretion, may remit, mitigate or negotiate the penalty. In determining the amount of the penalty to be assessed, or the amount agreed upon in any negotiation, consideration shall be given to the appropriateness of such penalty in light of the life of the business of the employer charged, the gravity of the violation, and the extent to which the employer charged has complied with the provisions of Section 351 of this title or has otherwise attempted to remedy the consequences of the violation.&nbsp;</span></p> <p><span class="cls0">&sect;85-353. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-354. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-355. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-356. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-357. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-358. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-359. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-360. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-361. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-362. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-363. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-364. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-365. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-366. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-367. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-368. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-369. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-370. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-371. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-372. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-373. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 42 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. There is hereby created a Physician Advisory Committee comprised of nine (9) members to be appointed as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. The Governor shall appoint three members, one of whom shall be licensed in this state as a doctor of medicine and surgery, one of whom shall be engaged in the practice of family medicine in a rural community of the state, and one of whom shall be an osteopathic physician;&nbsp;</span></p> <p class="cls1"><span class="cls0">2. The President Pro Tempore of the Senate shall appoint three members, one of whom shall be licensed in this state as a doctor of medicine and orthopedic surgery, one of whom shall be licensed in this state either as a doctor of medicine or a doctor of osteopathy and a neurosurgeon, and one of whom shall be licensed in this state as a podiatric physician; and&nbsp;</span></p> <p class="cls1"><span class="cls0">3. The Speaker of the House of Representatives shall appoint three members, one of whom shall be licensed in this state as an osteopathic physician, one of whom shall be licensed in this state either as a doctor of medicine or a doctor of osteopathy and shall be engaged in the practice of occupational medicine, and one of whom shall be licensed in this state as a chiropractic physician.&nbsp;</span></p> <p class="cls1"><span class="cls0">The terms of members serving on the effective date of this act shall end on the effective date of this act. Thereafter, each position will be filled by the appointing official for a term of three (3) years. Members shall be subject to reappointment, with any new appointee to serve out the remainder of the unexpired term of the Committee member so replaced.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. The Committee shall:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. Assist and advise the Administrator of the Workers' Compensation Court regarding utilization review as it relates to the medical practice and treatment of work-related injuries. Such utilization review shall include a review of reasonable and necessary medical treatment; abusive practices; needless treatments, testing, or procedures; or a pattern of billing in excess of or in violation of the Schedule of Medical Fees. The Physician Advisory Committee shall review and make findings and recommendations to the Administrator with respect to charges of inappropriate or unnecessary treatment or procedures, abusive practices, or excessive billing disclosed through utilization review;&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Assist the Administrator in reviewing medical practices of health care providers, including evaluations of permanent impairment provided by health care providers. The Committee shall review and make findings and recommendations to the Administrator with respect to charges of abusive practices by health care providers providing medical services or evaluations of permanent impairment through the workers' compensation system;&nbsp;</span></p> <p class="cls1"><span class="cls0">3. After public hearing, review and make recommendations for acceptable deviations from the American Medical Association's "Guides to the Evaluation of Permanent Impairment";&nbsp;</span></p> <p class="cls1"><span class="cls0">4. After public hearing, review and make recommendations to the Administrator for an alternative method or system to evaluate permanent impairment that shall be used in place of or in combination with the American Medical Association's "Guides to the Evaluation of Permanent Impairment". Appropriate and scientific data shall be considered;&nbsp;</span></p> <p class="cls1"><span class="cls0">5. After public hearing, adopt Oklahoma Treatment Guidelines and protocols for medical treatment not addressed by the current edition of the Official Disability Guidelines or addressed but not recommended in the ODG section in regard to injuries to the cervical, thoracic, and lumbar spine. The Oklahoma Treatment Guidelines shall be adopted on or before March 1, 2012, and shall remain in full force and effect until superseded.&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;The OTG shall be based upon evidence based medicine and scientifically based and nationally peer reviewed literature and shall include treatment for the top fifteen (15) medically-recognized conditions (ICD-9 or successor codes).&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;When completed, the OTG shall be submitted to the Oklahoma Workers' Compensation Advisory Council for review. After due notice and public hearing, the Council shall issue a report to the Administrator concerning the OTG submitted. After due notice and public hearing, the Administrator shall adopt or reject the proposal submitted. The OTG shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate within ten (10) legislative days following adoption. The OTG submitted shall be subject to disapproval by joint or concurrent resolution of the Legislature during the legislative session in which submitted. If disapproved, the existing treatment guidelines shall continue in effect. If the Legislature takes no action on the OTG submitted by the Administrator, the OTG shall become operative thirty (30) days following the adjournment of the Legislature;&nbsp;</span></p> <p class="cls1"><span class="cls0">6. After public hearing, adopt Oklahoma Treatment Guidelines for the prescription and dispensing of any controlled substance included in Schedule II of the Uniform Controlled Dangerous Substances Act if not addressed by the current edition of the Official Disability Guidelines;&nbsp;</span></p> <p class="cls1"><span class="cls0">7. Review utilization on cases or of providers when requested by any employer, injured employee or insurer. The Committee may issue a public or private censure to any provider for utilization which is excessive or inadequate, or recommend the Court order treatment within the treatment guidelines;&nbsp;</span></p> <p class="cls1"><span class="cls0">8. Provide general recommendations to the judges of the Court on the issues of injury causation and apportionment;&nbsp;</span></p> <p class="cls1"><span class="cls0">9. Conduct educational seminars for the judges of the Court, employers, employees, and other interested parties;&nbsp;</span></p> <p class="cls1"><span class="cls0">10. Assist the judges of the Court in accessing medical information from scientific literature; and&nbsp;</span></p> <p class="cls1"><span class="cls0">11. Report its progress annually to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. The Court shall be bound by treatment guidelines of the latest edition of the Official Disability Guidelines or the Oklahoma Treatment Guidelines.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. Members of the Physician Advisory Committee shall receive no compensation for serving on the Committee but shall be reimbursed by the Court for their necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p class="cls1"><span class="cls0">E. Meetings of the Physician Advisory Committee shall be called by the Administrator but held at least quarterly. The presence of a simple majority of the members constitutes a quorum. No action shall be taken by the Physician Advisory Committee without the affirmative vote of at least a simple majority of the members.&nbsp;</span></p> <p class="cls1"><span class="cls0">F. The Administrator shall provide office supplies and personnel of the Court to assist the Committee in the performance of its duties.&nbsp;</span></p> <p class="cls1"><span class="cls0">G. Upon written request, the Insurance Commissioner and every approved self-insured employer in Oklahoma shall provide the Committee with data necessary to the performance of its duties.&nbsp;</span></p> <p class="cls1"><span class="cls0">H. Any health care provider acting in good faith and within the scope of the provider's duties as a member of the Physician Advisory Committee shall be immune from civil liability for making any report or other information available to the judges of the Court or to the Administrator or for assisting in the origination, investigation, or preparation of the report or other information so provided.&nbsp;</span></p> <p><span class="cls0">&sect;85-374. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-375. Renumbered as &sect; 376.1 of this title by Laws 2013, c. 254, &sect; 54.&nbsp;</span></p> <p><span class="cls0">&sect;85-375.1. Short title - CompSource Mutual Insurance Company Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "CompSource Mutual Insurance Company Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act, the following words shall have the meanings indicated:&nbsp;</span></p> <p><span class="cls0">1. "Act" shall mean the CompSource Mutual Insurance Company Act;&nbsp;</span></p> <p><span class="cls0">2. "Chief Executive Officer" shall mean the President and Chief Executive Officer of CompSource Mutual Insurance Company. Effective January 1, 2015, all references in the Oklahoma Statutes to the State Insurance Fund Commissioner, the Commissioner of the State Insurance Fund, or the CompSource Oklahoma President and Chief Executive Officer shall be deemed references to the President and Chief Executive Officer of CompSource Mutual Insurance Company;&nbsp;</span></p> <p><span class="cls0">3. "Company" shall mean CompSource Mutual Insurance Company; and&nbsp;</span></p> <p><span class="cls0">4. "Director" shall mean a member of the Board of Directors of CompSource Mutual Insurance Company.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.3. CompSource Mutual Insurance Company.&nbsp;</span></p> <p><span class="cls0">A. Effective January 1, 2015, CompSource Oklahoma shall operate as, and exercise the powers of, a domestic mutual insurer without capital stock or shares, in accordance with Title 36 of the Oklahoma Statutes, and shall be called CompSource Mutual Insurance Company. The Insurance Commissioner shall approve the Company's articles of incorporation and issue a certificate of authority to the Company to write workers' compensation insurance, as provided by Title 36 of the Oklahoma Statutes, not later than August 1, 2014, which shall become effective January 1, 2015. The Chief Executive Officer of CompSource Oklahoma shall take any measure necessary to accomplish the transition from CompSource Oklahoma to CompSource Mutual Insurance Company.&nbsp;</span></p> <p><span class="cls0">B. The Company shall be organized as a corporation benefiting the citizens of Oklahoma by providing workers' compensation and related coverages which are competitively priced that generally benefit the public, but remain a financially independent entity that is neither more nor less than self-supporting.&nbsp;</span></p> <p><span class="cls0">C. The Company may provide related coverage which is incidental to workers' compensation insurance, including but not limited to coverage for risks under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. Section 901 et seq.) and Title IV of the Federal Coal Mine Health and Safety Act of 1969 as amended by the Black Lung Benefits Act of 1972, as enacted or as may be amended by the Congress of the United States and other coverage related to employee and employment risks.&nbsp;</span></p> <p><span class="cls0">D. The Company shall provide workers' compensation insurance coverage for volunteer firefighters as provided in Section 380 of Title 85 of the Oklahoma Statutes, as amended by this act.&nbsp;</span></p> <p><span class="cls0">E. The Company shall be an insurance carrier for purposes of the Workers' Compensation Code.&nbsp;</span></p> <p><span class="cls0">F. Except as otherwise provided in this act, the Company shall be subject to the requirements of Title 36 of the Oklahoma Statutes and all regulatory authority granted to the Insurance Commissioner as would any other domestic mutual insurance company.&nbsp;</span></p> <p><span class="cls0">G. The Company shall be exempt from the following provisions of Title 36 of the Oklahoma Statutes until three (3) years after the Company begins operating pursuant to subsection A of Section 3 of this act:&nbsp;</span></p> <p><span class="cls0">1. Article 9;&nbsp;</span></p> <p><span class="cls0">2. Article 9A, other than Section 924.2 of Title 36 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">3. Article 9B.&nbsp;</span></p> <p><span class="cls0">H. CompSource Mutual Insurance Company shall not be considered a state agency, public body, department, public trust, or any other term used to describe an entity which is a part of the Executive Branch of the State of Oklahoma under any state statute or regulation, except as otherwise provided for in the CompSource Mutual Insurance Company Act. As such, Oklahoma state statutes that shall not apply to CompSource Mutual Insurance Company include, but are not limited to:&nbsp;</span></p> <p><span class="cls0">1. Sections 301 through 314 of Title 25, Oklahoma Open Meeting Act;&nbsp;</span></p> <p><span class="cls0">2. Sections 151 through 158.2 of Title 47, State-Owned Automobiles;&nbsp;</span></p> <p><span class="cls0">3. Sections 24A.l through 24A.29 of Title 51, Oklahoma Open Records Act;&nbsp;</span></p> <p><span class="cls0">4. Sections 151 through 200 of Title 51, The Governmental Tort Claims Act;&nbsp;</span></p> <p><span class="cls0">5. Title 61 of the Oklahoma Statutes, Public Buildings and Public Works;&nbsp;</span></p> <p><span class="cls0">6. Title 62 of the Oklahoma Statutes, Public Finance;&nbsp;</span></p> <p><span class="cls0">7. Sections 3-101 through 3-115 of Title 65, Department of Libraries;&nbsp;</span></p> <p><span class="cls0">8. Sections 201 through 217 of Title 67, Records Management Act;&nbsp;</span></p> <p><span class="cls0">9. Sections 301 through 303 of Title 67, Reproduction of Public Records;&nbsp;</span></p> <p><span class="cls0">10. Sections 305 through 317 of Title 67, Archives and Records Commission;&nbsp;</span></p> <p><span class="cls0">11. Sections 82.1 through 97 of Title 73, Capitol Grounds and Surroundings;&nbsp;</span></p> <p><span class="cls0">12. Chapters 4, 8, 10, 13, 17, 19, 27A, 30, 31, 37, 37A, 37B, 38A, 38B, 45, 45A, 48, 49, 50, 53, 56, 61, 81 and 110A of Title 74; and&nbsp;</span></p> <p><span class="cls0">13. Section 34.2 of Title 80.&nbsp;</span></p> <p><span class="cls0">I. By enacting the CompSource Mutual Insurance Company Act, the Legislature creates CompSource Mutual Insurance Company which, subject to the provisions of this act:&nbsp;</span></p> <p><span class="cls0">1. Shall be organized and operated under Oklahoma law, but be independent of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. Shall provide workers' compensation insurance to any employer in Oklahoma which seeks such insurance and meets other reasonable requirements relating thereto;&nbsp;</span></p> <p><span class="cls0">3. Shall not be permitted to dissolve; and&nbsp;</span></p> <p><span class="cls0">4. Shall have a majority of the Board of Directors or oversight body of such organization appointed by the Governor or legislative officers as specified in Section 4 of this act.&nbsp;</span></p> <p><span class="cls0">J. Effective January 1, 2015, any references in the Oklahoma Statutes to CompSource Oklahoma or The State Insurance Fund shall be deemed references to CompSource Mutual insurance Company.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.4. Board of Directors.&nbsp;</span></p> <p><span class="cls0">A. CompSource Mutual Insurance Company shall be governed by a Board of Directors composed of ten (10) members, all of whom shall be citizens of the state. The Board of Directors shall be composed of:&nbsp;</span></p> <p><span class="cls0">1. The Lieutenant Governor or a designee;&nbsp;</span></p> <p><span class="cls0">2. The State Auditor and Inspector or a designee;&nbsp;</span></p> <p><span class="cls0">3. One member appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">4. One member appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">5. One member appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">6. Four members shall be elected by the Company's policyholders. Such members shall not be from state agencies, but should come from the private business sector; and&nbsp;</span></p> <p><span class="cls0">7. The Chief Executive Officer of the Company shall be an ex officio, nonvoting member.&nbsp;</span></p> <p><span class="cls0">B. Other than the Chief Executive Officer of the Company, the Lieutenant Governor or a designee, and the State Auditor and Inspector or a designee, the members of the Board of Directors shall serve staggered six-year terms expiring July 1. An appointed or elected Director whose term has expired shall continue to serve until the Director's replacement is elected by the policyholders or appointed by the appointing authority, or until such time as the Director is reelected or reappointed, as applicable. If the Lieutenant Governor or State Auditor and Inspector selects a designee, that designee shall continue to serve until the Lieutenant Governor or State Auditor and Inspector replaces the designee or assumes the position on the Company's Board of Directors.&nbsp;</span></p> <p><span class="cls0">C. If an appointed Director's position becomes vacant, the officer who appointed the outgoing Director in subsection A of this section shall appoint a new Director to the Board. A vacancy in the elected Directors shall be filled as provided by the Company's bylaws. If a vacancy occurs before the date on which the vacating Director's term is set to expire, the successor Director shall be elected or appointed for a term to expire on the same date as the vacating Director's term.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.5. Election of Directors.&nbsp;</span></p> <p><span class="cls0">A. The members of the Board of Managers of CompSource Oklahoma who are serving on the effective date of this act shall serve as the initial Board of Directors of CompSource Mutual Insurance Company. The terms of the initial Board members shall be extended from January 1, 2015, to July 1, 2015.&nbsp;</span></p> <p><span class="cls0">B. The Lieutenant Governor or a designee, State Auditor and Inspector or a designee, one member appointed by the Governor, one member appointed by the Speaker of the House of Representatives, and one member appointed by the President Pro Tempore of the Senate shall continue to serve on the Board of Directors of CompSource Mutual Insurance Company as provided in subsection D of this section. The other initial Board positions shall be converted to elected positions as provided in subsection C of this section.&nbsp;</span></p> <p><span class="cls0">C. On or before July 1, 2015, the Company shall hold its first meeting of the policyholders. At that meeting the policyholders shall elect four Directors. The method of election shall be specified in the Company's bylaws.&nbsp;</span></p> <p><span class="cls0">D. The initial terms of the Board of Directors of CompSource Mutual Insurance Company shall be as follows:&nbsp;</span></p> <p><span class="cls0">1. The terms of the Board member appointed by the Speaker of the House of Representatives and the fourth member elected pursuant to subsection C of this section shall expire on July 1, 2018;&nbsp;</span></p> <p><span class="cls0">2. The terms of the Board member appointed by the President Pro Tempore of the Senate and the third member elected pursuant to subsection C of this section shall expire on July 1, 2020; and&nbsp;</span></p> <p><span class="cls0">3. The terms of the Board member appointed by the Governor and the first and second member elected pursuant to subsection C of this section shall expire on July 1, 2022.&nbsp;</span></p> <p><span class="cls0">After such initial terms, the terms of the Board members shall be as provided in Section 4 of this act.&nbsp;</span></p> <p><span class="cls0">E. The bylaws and Board policies of CompSource Oklahoma on the effective date of this act become the bylaws and Board policies of the Company until amended or revised by the Company's Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.6. Board of Directors - Duties.&nbsp;</span></p> <p><span class="cls0">The Board of Directors of CompSource Mutual Insurance Company shall have supervision over the administration and operation of the Company. In this regard, the Board shall function in all aspects as a governing body of a domestic mutual insurance company. The Board shall:&nbsp;</span></p> <p><span class="cls0">1. Employ a Chief Executive Officer who is vested with full power, authority and jurisdiction over the Company. The Chief Executive Officer shall perform any duties which are necessary or convenient in the exercise of any power, authority, or jurisdiction over the Company;&nbsp;</span></p> <p><span class="cls0">2. Provide for the delivery in this state of workers' compensation insurance and for the transaction of workers' compensation insurance business to the same extent as any other insurance carrier transacting workers' compensation insurance business in this state; and&nbsp;</span></p> <p><span class="cls0">3. Establish a compensation committee to determine appropriate compensation for the Chief Executive Officer and Directors of CompSource Mutual Insurance Company, provided that compensation for any Director who is a state officer does not conflict with Oklahoma law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.7. Actuarially sound rates.&nbsp;</span></p> <p><span class="cls0">A. 1. The Board of Directors of CompSource Mutual Insurance Company shall have full power and authority to set actuarially sound rates to be charged by the Company for insurance until three (3) years after the Company begins operating pursuant to subsection A of Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">2. The Board shall engage the services of an independent actuary who is a member of the Casualty Actuarial Society or the American Academy of Actuaries who is qualified as described in the U.S. Qualifications Standards promulgated by the American Academy of Actuaries pursuant to the Code of Professional Conduct to develop and recommend actuarially sound rates.&nbsp;</span></p> <p><span class="cls0">3. Rates shall be set in amounts sufficient, when invested, to:&nbsp;</span></p> <p class="cls5"><span class="cls0">a.&nbsp;&nbsp;carry all claims to maturity,&nbsp;</span></p> <p class="cls5"><span class="cls0">b.&nbsp;&nbsp;meet the reasonable expenses of conducting the business of the Company, and&nbsp;</span></p> <p class="cls5"><span class="cls0">c.&nbsp;&nbsp;maintain a reasonable surplus.&nbsp;</span></p> <p><span class="cls0">B. Three (3) years after the Company begins operating pursuant to subsection A of Section 3 of this act, the Company shall become subject to Articles 9, 9A and 9B of Title 36 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.8. Personal liability.&nbsp;</span></p> <p><span class="cls0">Neither a member of the Board of Directors of CompSource Mutual Insurance Company nor the Chief Executive Officer or any officer or employee of the Company shall be personally liable in the person's private capacity for any act performed or for any contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud, including, but not limited to, the identification and referral of a person for investigation and prosecution for a possible administrative violation or criminal offense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 8.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.9. Reserves &ndash; Power and authority.&nbsp;</span></p> <p><span class="cls0">A. The Company shall establish and maintain reserves for losses on an actuarially sound basis in accordance with requirements as provided in Title 36 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Pursuant to Section 2123 of Title 36 of the Oklahoma Statutes and in accordance with criteria approved by the Board, which may consider the policyholder's safety record and performance, the Company may pay cash dividends or allow a credit on renewal premium for policyholders insured with the Company.&nbsp;</span></p> <p><span class="cls0">C. The Company shall have full power and authority:&nbsp;</span></p> <p><span class="cls0">1. To enter into contracts of insurance insuring persons, firms and corporations against loss, expense or liability by reason of bodily injury, death or accident, occupational disability, or occupational disease suffered by employees for which the insured may be liable or have assumed liability, including, but not limited to, contracts of insurance or reinsurance for the purpose of insuring employers operating in this state and their employees who may work outside this state;&nbsp;</span></p> <p><span class="cls0">2. To purchase reinsurance for any risk or any portion of any risk of the Company. The purchase of reinsurance may be made through intermediaries;&nbsp;</span></p> <p><span class="cls0">3. To establish a multitiered premium or rating system to provide workers' compensation insurance policies to insureds in the state, which may allow premium adjustments based upon the Company's evaluation of the underwriting characteristics on the individual risk and the appropriate premium to be charged for the policy coverages; and&nbsp;</span></p> <p><span class="cls0">4. To establish subsidiaries to provide the same coverages allowed in subsections B and C of Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">D. The Company may decline to insure any risk in which the minimum requirements of the law with regard to construction, equipment and operation are not observed, or which is beyond the safe carrying of the Company, but as an I.R.C. Section 501(c)(27)(B) organization shall not have power or authority, except as otherwise provided in this act, to refuse to insure any compensation risk tendered with the premium therefor.&nbsp;</span></p> <p><span class="cls0">E. In addition to other rights of the Company under this act, the Company has the legal rights of a mutual insurance company operating under Title 36 of the Oklahoma Statutes, and of a private person in this state, and has the power to sue and be sued in its own name. No procedure is a prerequisite to the exercise of the power by the Company to sue.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 9.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.10. Taxes - Oklahoma Property and Casualty Insurance Guaranty Association.&nbsp;</span></p> <p><span class="cls0">A. CompSource Mutual Insurance Company shall be subject to premium taxes in the same manner as a domestic mutual insurance company authorized by the Insurance Department to write workers' compensation insurance in this state as provided in the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The Company shall be a member of and shall be protected by the Oklahoma Property and Casualty Insurance Guaranty Association.&nbsp;</span></p> <p><span class="cls0">C. Notwithstanding subsection B of this section, the Oklahoma Property and Casualty Insurance Guaranty Association, with respect to an insolvency of the Company, is liable only for a claim with a date of injury occurring on or after January 1, 2015.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 10.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.11. Required financial reports.&nbsp;</span></p> <p><span class="cls0">A. The Company shall file with the Workers' Compensation Court and the Insurance Department all financial reports required of other workers' compensation insurers.&nbsp;</span></p> <p><span class="cls0">B. Any report the Company is required to file with any authority shall be in conformity with statutory accounting practices prescribed, or otherwise permitted, by the Insurance Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 11.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.12. Revenues, monies and assets &ndash; Rights, privileges, powers and authority of mutual insurance companies.&nbsp;</span></p> <p><span class="cls0">A. All revenues, monies, and assets of CompSource Mutual Insurance Company belong solely to the Company and shall be governed by the laws applicable to domestic mutual insurance companies. The state covenants with the policyholders of the Company, persons receiving workers' compensation benefits, and the Company's creditors that the state will not borrow, appropriate, or direct payments from those revenues, monies, or assets for any purpose. The state has no liability or responsibility to the policyholders, persons receiving workers' compensation benefits, or the creditors of the Company if the Company is placed in conservatorship or receivership, or becomes insolvent.&nbsp;</span></p> <p><span class="cls0">B. CompSource Mutual Insurance Company may exercise all the rights, privileges, powers, and authority of any other mutual insurance company organized to transact workers' compensation insurance business in this state, subject to the requirements of Title 36 of the Oklahoma Statutes. Effective January 1, 2015:&nbsp;</span></p> <p><span class="cls0">1. The Company shall be considered to be a continuation of CompSource Oklahoma as it existed prior to this act; and&nbsp;</span></p> <p><span class="cls0">2. As a continuation of CompSource Oklahoma, the Company is vested with all property, tangible and intangible, real and personal, of CompSource Oklahoma and control of the CompSource Oklahoma fund.&nbsp;</span></p> <p><span class="cls0">C. Effective January 1, 2015:&nbsp;</span></p> <p><span class="cls0">1. CompSource Mutual Insurance Company may enforce all contract and statutory rights of CompSource Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. Each debt, claim, and cause of action of CompSource Oklahoma, and each property right, privilege, franchise, or other interest of CompSource Oklahoma, is the property of CompSource Mutual Insurance Company;&nbsp;</span></p> <p><span class="cls0">3. The rights of all policyholders and creditors and the standing of all claims under CompSource Oklahoma are preserved unimpaired under CompSource Mutual Insurance Company; and&nbsp;</span></p> <p><span class="cls0">4. Each debt, liability, and duty of CompSource Oklahoma is a debt, liability, or duty of CompSource Mutual Insurance Company and may be enforced against CompSource Mutual Insurance Company.&nbsp;</span></p> <p><span class="cls0">D. A cause of action or similar proceeding to which CompSource Oklahoma was a party pending on January 1, 2015:&nbsp;</span></p> <p><span class="cls0">1. Is not affected by this act;&nbsp;</span></p> <p><span class="cls0">2. May be continued to be prosecuted by or against the Company; and&nbsp;</span></p> <p><span class="cls0">3. Continues to be governed by and conducted under the requirements of the Oklahoma Statutes, as those requirements existed before the effective date of this act, and the applicable bylaws, rules, and regulations of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">E. The rates established by the Board of Directors of the Company, or formerly established by the Board of Managers of CompSource Oklahoma and in effect on the effective date of this act for CompSource Oklahoma shall be the initial rates for CompSource Mutual Insurance Company.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 12.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-375.13. Severability.&nbsp;</span></p> <p><span class="cls0">If any section of the provisions of this act be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of this act as a whole, or any part thereof other than the part so decided to be unconstitutional or invalid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 254, &sect; 13.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-376. Renumbered as &sect; 376.2 of this title by Laws 2013, c. 254, &sect; 54.&nbsp;</span></p> <p><span class="cls0">&sect;85-376.1. Creation of CompSource Oklahoma &ndash; Purpose &ndash; Character and contents &ndash; Use - Exemptions - Name.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">There is hereby created and established a fund to be known as "CompSource Oklahoma", to be administered by a President and Chief Executive Officer, without liability on the part of the state beyond the amount of said fund, for the purpose of insuring employers against liability for compensation under Sections 376.1 through 400 of this title, and for assuring for the persons entitled thereto compensation provided by the workers' compensation law, and for the further purpose of insuring persons, firms and corporations against loss, expense or liability by reason of bodily injury, death by accident, occupational disability, or occupational disease suffered by employees, for which the insured may be liable or have assumed liability. Said fund may further provide insurance for employers against liability incurred as the result of injuries sustained by employees engaged in employment subject to the Longshore and Harbor Workers' Compensation Act, 33 U.S.C., Section 901 et seq., or employees engaged in employment subject to Title IV of the Federal Coal Mine Health and Safety Act of 1969 as amended by the Black Lung Benefits Act of 1972, as enacted or as may be amended by the Congress of the United States.&nbsp;</span></p> <p><span class="cls0">1. CompSource Oklahoma shall be a revolving fund and shall consist of all premiums received and paid into said fund for insurance issued, all property and securities acquired by and through the use of monies belonging to the fund and all interest earned upon monies belonging to the fund and deposited or invested as herein provided.&nbsp;</span></p> <p><span class="cls0">2. Said fund shall be applicable to the payment of losses sustained on account of insurance and to the payment of expenses in the manner provided in Sections 376.1 through 400 of this title.&nbsp;</span></p> <p><span class="cls0">3. Said fund shall be fairly competitive with other insurance carriers and it is the intent of the Legislature that said fund shall become neither more nor less than self-supporting.&nbsp;</span></p> <p><span class="cls0">4. CompSource Oklahoma shall report to the Insurance Commissioner no later than the last day of February of each year the amount of premium taxes and fees for which it would be liable if it were operating as a private carrier.&nbsp;</span></p> <p><span class="cls0">5. CompSource Oklahoma shall not be subject to:&nbsp;</span></p> <p class="cls5"><span class="cls0">a.&nbsp;&nbsp;Sections 301 through 314 of Title 25, Oklahoma Open Meeting Act,&nbsp;</span></p> <p class="cls5"><span class="cls0">b.&nbsp;&nbsp;Sections 151 through 158.2 of Title 47, State-Owned Automobiles,&nbsp;</span></p> <p class="cls5"><span class="cls0">c.&nbsp;&nbsp;Sections 24A.l through 24A.29 of Title 51, Oklahoma Open Records Act,&nbsp;</span></p> <p class="cls5"><span class="cls0">d.&nbsp;&nbsp;Title 61 of the Oklahoma Statutes, Public Buildings and Public Works,&nbsp;</span></p> <p class="cls5"><span class="cls0">e.&nbsp;&nbsp;Sections 3-101 through 3-115 of Title 65, Department of Libraries,&nbsp;</span></p> <p class="cls5"><span class="cls0">f.&nbsp;&nbsp;Sections 201 through 217 of Title 67, Records Management Act,&nbsp;</span></p> <p class="cls5"><span class="cls0">g.&nbsp;&nbsp;Sections 301 through 303 of Title 67, Reproduction of Public Records,&nbsp;</span></p> <p class="cls5"><span class="cls0">h.&nbsp;&nbsp;Sections 305 through 317 of Title 67, Archives and Records Commission,&nbsp;</span></p> <p class="cls5"><span class="cls0">i.&nbsp;&nbsp;Sections 81 through 97 of Title 73, Capitol Grounds and Buildings,&nbsp;</span></p> <p class="cls5"><span class="cls0">j.&nbsp;&nbsp;Sections 3301 through 3305 of Title 74, State Agencies,&nbsp;</span></p> <p class="cls5"><span class="cls0">k.&nbsp;&nbsp;Chapters 4, 8, 10, 13, 19, 30, 31, 48, 49, 53, 56, 81 and ll0A of Title 74,&nbsp;</span></p> <p class="cls5"><span class="cls0">l.&nbsp;&nbsp;Section 34.2 of Title 80, and&nbsp;</span></p> <p class="cls5"><span class="cls0">m.&nbsp;&nbsp;all provisions from which CompSource Oklahoma was permanently exempted pursuant to Sections 3316 and 3317 of Title 74.&nbsp;</span></p> <p><span class="cls0">6. To facilitate the transition from operating as CompSource Oklahoma to CompSource Mutual Insurance Company, CompSource Oklahoma may, but is not required to, comply with:&nbsp;</span></p> <p class="cls5"><span class="cls0">a.&nbsp;&nbsp;Title 62 of the Oklahoma Statutes, Public Finance,&nbsp;</span></p> <p class="cls5"><span class="cls0">b.&nbsp;&nbsp;Chapters 16, 17, 27A, 37, 37A, 37B, 38A, 38B, 45, 45A and 61 of Title 74 of the Oklahoma Statutes, and&nbsp;</span></p> <p class="cls5"><span class="cls0">c.&nbsp;&nbsp;any other provision in the Oklahoma Statutes as is necessary to facilitate the transition from CompSource Oklahoma to CompSource Mutual Insurance Company.&nbsp;</span></p> <p><span class="cls0">7. The official name of the fund which is known as "The State Insurance Fund" shall be designated in all future references as "CompSource Oklahoma". Any references in the Oklahoma Statutes to The State Insurance Fund shall be deemed references to CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 58, &sect; 1 (&sect; 1), eff. July 1, 1933. Amended by Laws 1937, p. 487, &sect; 3, emerg. eff. May 14, 1937; Laws 1972, c. 193, &sect; 1, emerg. eff. April 7, 1972; Laws 1994, 2nd Ex. Sess., c. 1, &sect; 39, emerg. eff. Nov. 4, 1994; Laws 1995, c. 326, &sect; 3, emerg. eff. June 8, 1995; Laws 2001, c. 378, &sect; 1, eff. July 1, 2001; Laws 2002, c. 50, &sect; 6, eff. Nov. 1, 2002. Renumbered from Title 85, &sect; 131 by Laws 2011, c. 318, &sect; 88. Amended by Laws 2013, c. 254, &sect; 43. Renumbered from &sect; 375 of this title by Laws 2013, c. 254, &sect; 54.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-376.2. Board of Managers of CompSource Oklahoma - Members - Meetings - Powers and duties - Gratuities prohibited - Name.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a Board to be known as the "Board of Managers of CompSource Oklahoma", which shall have supervision over the administration and operation of CompSource Oklahoma, and shall be composed of eight (8) members as follows:&nbsp;</span></p> <p><span class="cls0">1. The Director of the Office of Management and Enterprise Services or a designee;&nbsp;</span></p> <p><span class="cls0">2. The Lieutenant Governor or a designee;&nbsp;</span></p> <p><span class="cls0">3. The State Auditor and Inspector or a designee;&nbsp;</span></p> <p><span class="cls0">4. One member appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">5. Two members appointed by the Speaker of the House of Representatives, one of whom shall be representative of employers; and&nbsp;</span></p> <p><span class="cls0">6. Two members appointed by the President Pro Tempore of the Senate, one of whom shall be representative of employees.&nbsp;</span></p> <p><span class="cls0">The appointed members of the Board shall serve at the pleasure of the appointing authority.&nbsp;</span></p> <p><span class="cls0">B. The members of the Board shall elect annually from their number a Chair and a Secretary. The Secretary shall keep true and complete records of all proceedings of the Board. The Board shall meet quarterly, and at all other times when a meeting is called by the Chair, and at such meetings the Board may consider the condition of CompSource Oklahoma and quarterly shall make a detailed examination into the condition of its reserves and investments and at each meeting may examine all other matters relating to the administration of such fund. The time and place of the regular meetings and the manner in which special meetings may be called shall be set forth in the bylaws of the said Fund. Except as otherwise provided in this act or in the bylaws, all actions shall be taken by the affirmative vote of a majority of the Board members present at a meeting, except that no investment policy and no amendment of bylaws shall be valid unless authorized or ratified by the affirmative vote of at least four Board members.&nbsp;</span></p> <p><span class="cls0">C. Appointed members of the Board shall be reimbursed for expenses as provided in the State Travel Reimbursement Act. Said reimbursement, not to exceed thirty (30) days in any calendar year, shall be paid only when the Board is transacting official business. Any reimbursement in excess of thirty (30) days shall be approved by a majority of the Board. The Board shall have access to all records and books of account and shall have power to require the presence or appearance of any officer or employee of CompSource Oklahoma. All information obtained by the members of the Board shall be confidential unless disclosed by order of the Board.&nbsp;</span></p> <p><span class="cls0">D. No person or organization in a position to influence official action of members of the Board of Managers of CompSource Oklahoma, the President and Chief Executive Officer, and the employees of CompSource Oklahoma shall furnish presents, gratuities, transportation, lodging, educational seminars, conferences, meetings, or similar functions to the Board of Managers of CompSource Oklahoma, the President and Chief Executive Officer, and the employees of CompSource Oklahoma other than as provided by law and the rules of the Ethics Commission.&nbsp;</span></p> <p><span class="cls0">E. The official name of the Board of Managers which is known as the "Board of Managers of the State Insurance Fund" shall be designated in all future references as the "Board of Managers of CompSource Oklahoma". Any references in the Oklahoma Statutes to the Board of Managers of the State Insurance Fund shall be deemed references to the Board of Managers of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 487, &sect; 1, emerg. eff. May 14, 1937. Amended by Laws 1939, p. 584, &sect; 1, emerg. eff. May 12, 1939; Laws 1979, c. 241, &sect; 16, operative July 1, 1979; Laws 1980, c. 322, &sect; 35, eff. Jan. 1, 1981; Laws 1986, c. 207, &sect; 87, operative July 1, 1986; Laws 1986, c. 254, &sect; 1, operative July 1, 1986; Laws 1987, c. 223, &sect; 3, operative July 1, 1987; Laws 1989, c. 291, &sect; 6, eff. July 1, 1989; Laws 1990, c. 283, &sect; 18, eff. Sept. 1, 1990; Laws 1996, c. 363, &sect; 7, eff. Nov. 1, 1996; Laws 2001, c. 378, &sect; 2, eff. July 1, 2001; Laws 2002, c. 50, &sect; 7, eff. Nov. 1, 2002. Renumbered from &sect; 131a of this title by Laws 2011, c. 318, &sect; 88. Amended by Laws 2012, c. 304, &sect; 1078; Laws 2013, c. 254, &sect; 44. Renumbered from &sect; 376 of this title by Laws 2013, c. 254, &sect; 54.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-377. President and Chief Executive Officer of CompSource Oklahoma - References.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 15, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. The Board of Managers of CompSource Oklahoma shall appoint a President and Chief Executive Officer, who shall be executive manager of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. All references in the Oklahoma Statutes to the State Insurance Fund Commissioner or the Commissioner of the State Insurance Fund shall be deemed references to the CompSource Oklahoma President and Chief Executive Officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 487, &sect; 2. Amended by Laws 2001, c. 378, &sect; 3, eff. July 1, 2001; Laws 2002, c. 50, &sect; 8, eff. Nov. 1, 2002. Renumbered from &sect; 131b of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-378. Repealed by Laws 2013, c. 254, &sect; 52.&nbsp;</span></p> <p><span class="cls0">&sect;85-379. Powers and jurisdiction of CompSource officers.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">The CompSource Oklahoma President and Chief Executive Officer is hereby vested with full power, authority and jurisdiction over CompSource Oklahoma. He or she shall perform any duties which are necessary or convenient in the exercise of any power, authority, or jurisdiction over the fund in the administration thereof, or in connection with the insurance business to be carried on by him or her under the provisions of Sections 131 through 151 of this title as fully and completely as a governing body of a private insurance carrier might or could do including the acquisition, operation and maintenance of an electronic data processing facility.&nbsp;</span></p> <p><span class="cls0">The Board of Managers of CompSource Oklahoma shall have full power and authority to fix and determine the rates to be charged by CompSource Oklahoma for insurance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 59, &sect; 1 (&sect; 2), eff. July 1, 1933. Amended by Laws 1937, p. 488, &sect; 4, emerg. eff. May 14, 1937; Laws 1982, c. 271, &sect; 6, operative July 1, 1982; Laws 2002, c. 50, &sect; 9, eff. Nov. 1, 2002. Renumbered from &sect; 132 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-380. Volunteer firefighters - Volunteer Firefighters Group Insurance Pool.&nbsp;</span></p> <p class="cls6"><span class="cls0">Text effective until January 1, 2015&nbsp;</span></p> <p class="cls6"><span class="cls0">(for text effective beginning January 1, 2015, see below)&nbsp;</span></p> <p><span class="cls0">A. 1. Volunteer fire departments organized pursuant to state law may obtain workers&rsquo; compensation insurance for volunteer firefighters through the Volunteer Firefighter Group Insurance Pool pursuant to requirements established by CompSource Oklahoma which shall administer the Pool. For the premium set by CompSource Oklahoma, the state shall provide Fifty-five Dollars ($55.00) per firefighter per year. Except as otherwise provided by subsection D of this section, the total amount paid by the state shall not exceed Three Hundred Twenty Thousand Three Hundred Thirty-eight Dollars ($320,338.00) per year or so much thereof as may be necessary to fund the Volunteer Firefighter Group Insurance Pool.&nbsp;</span></p> <p><span class="cls0">2. CompSource Oklahoma shall collect the premium from state agencies, public trusts and other instrumentalities of the state. Any funds received by CompSource Oklahoma from any state agency, public trust, or other instrumentality for purposes of workers&rsquo; compensation insurance pursuant to this section shall be deposited to the credit of the Volunteer Firefighter Group Insurance Pool. CompSource Oklahoma shall collect premiums, pay claims, and provide for excess insurance as needed.&nbsp;</span></p> <p><span class="cls0">B. CompSource Oklahoma shall report, annually, to the Governor, the Speaker of the Oklahoma House of Representatives, and the President Pro Tempore of the State Senate the number of enrollees in the Volunteer Firefighter Group Insurance Pool, and the amount of any anticipated surplus or deficiency of the Pool; and shall also provide to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the State Senate sixty (60) days advance notice of any proposed change in rates for the Volunteer Firefighter Group Insurance Pool.&nbsp;</span></p> <p><span class="cls0">C. The amount of claims paid, claim expenses, underwriting losses, loss ratio, or any other financial aspect of the Volunteer Firefighter Group Insurance Pool shall not be considered when determining or considering bids for the amount of any premiums, rates, or expenses owed by, or any discounts, rebates, dividends, or other financial benefits owed to any other policyholder of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">D. Except as otherwise provided by law, any increase in the state payment rate for volunteer firefighters under the Volunteer Firefighter Group Insurance Pool shall not exceed five percent (5%) per annum. Any proposed change in rates for the Volunteer Firefighter Group Insurance Pool must be approved by the Board of Managers of CompSource Oklahoma with notice provided pursuant to subsection B of this section. CompSource Oklahoma shall not increase premiums for the Volunteer Firefighter Group Insurance Pool more than once per annum.&nbsp;</span></p> <p><span class="cls0">E. For purposes of this section, the term &ldquo;volunteer fire departments&rdquo; includes those volunteer fire departments which have authorized voluntary or uncompensated workers rendering services as firefighters and are created by statute pursuant to Section 592 of Title 18 of the Oklahoma Statutes, Sections 29-201 through 29-205 of Title 11 of the Oklahoma Statutes, and those defined by Section 351 of Title 19 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 367, &sect; 1, emerg. eff. June 4, 2001. Amended by Laws 2004, c. 403, &sect; 1, emerg. eff. June 3, 2004. Renumbered from &sect; 132a of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls6"><span class="cls0">Text effective beginning January 1, 2015&nbsp;</span></p> <p><span class="cls0">A. 1. Volunteer fire departments organized pursuant to state law may obtain workers' compensation insurance for volunteer firefighters through the Volunteer Firefighter Group Insurance Pool pursuant to requirements established by CompSource Mutual Insurance Company which shall administer the Pool. For the premium set by CompSource Mutual Insurance Company, the state shall provide Fifty-five Dollars ($55.00) per firefighter per year. Except as otherwise provided by subsection D of this section, the total amount paid by the state shall not exceed Three Hundred Twenty Thousand Three Hundred Thirty-eight Dollars ($320,338.00) per year or so much thereof as may be necessary to fund the Volunteer Firefighter Group Insurance Pool.&nbsp;</span></p> <p><span class="cls0">2. CompSource Mutual Insurance Company shall collect the premium from state agencies, public trusts and other instrumentalities of the state. Any funds received by CompSource Mutual Insurance Company from any state agency, public trust, or other instrumentality for purposes of workers' compensation insurance pursuant to this section shall be deposited to the credit of the Volunteer Firefighter Group Insurance Pool. CompSource Mutual Insurance Company shall collect premiums, pay claims, and provide for excess insurance as needed.&nbsp;</span></p> <p><span class="cls0">B. CompSource Mutual Insurance Company shall report, annually, to the Governor, the Speaker of the Oklahoma House of Representatives, and the President Pro Tempore of the State Senate the number of enrollees in the Volunteer Firefighter Group Insurance Pool, and the amount of any anticipated surplus or deficiency of the Pool; and shall also provide to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the State Senate sixty (60) days advance notice of any proposed change in rates for the Volunteer Firefighter Group Insurance Pool.&nbsp;</span></p> <p><span class="cls0">C. The amount of claims paid, claim expenses, underwriting losses, loss ratio, or any other financial aspect of the Volunteer Firefighter Group Insurance Pool shall not be considered when determining or considering bids for the amount of any premiums, rates, or expenses owed by, or any discounts, rebates, dividends, or other financial benefits owed to any other policyholder of CompSource Mutual Insurance Company.&nbsp;</span></p> <p><span class="cls0">D. Except as otherwise provided by law, any increase in the state payment rate for volunteer firefighters under the Volunteer Firefighter Group Insurance Pool shall not exceed five percent (5%) per annum. Any proposed change in rates for the Volunteer Firefighter Group Insurance Pool must be approved by the Board of Directors of CompSource Mutual Insurance Company with notice provided pursuant to subsection B of this section. CompSource Mutual Insurance Company shall not increase premiums for the Volunteer Firefighter Group Insurance Pool more than once per annum.&nbsp;</span></p> <p><span class="cls0">E. For purposes of this section, the term "volunteer fire departments" includes those volunteer fire departments which have authorized voluntary or uncompensated workers rendering services as firefighters and are created by statute pursuant to Section 592 of Title 18 of the Oklahoma Statutes, Sections 29-201 through 29-204 of Title 11 of the Oklahoma Statutes, and those defined by Section 351 of Title 19 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 367, &sect; 1, emerg. eff. June 4, 2001. Amended by Laws 2004, c. 403, &sect; 1, emerg. eff. June 3, 2004. Renumbered from &sect; 132a of this title by Laws 2011, c. 318, &sect; 88. Amended by Laws 2013, c. 254, &sect; 45, eff. Jan. 1, 2015.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-381. Management and conduct of business and affairs of fund.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">The CompSource Oklahoma President and Chief Executive Officer shall have full power and authority to manage and conduct all business and affairs relating to CompSource Oklahoma, all of which business and affairs shall be conducted under the name of CompSource Oklahoma, and in that name and without any other name or title, the CompSource Oklahoma President and Chief Executive Officer may:&nbsp;</span></p> <p><span class="cls0">(1) Sue and be sued in all the courts of the state, in all actions arising out of any act, deed, matter or things made, omitted, entered into, done or suffered in connection with CompSource Oklahoma, and administer, manage, or conduct all the business and affairs relating thereto.&nbsp;</span></p> <p><span class="cls0">(2) Make and enter into contracts of insurance as herein provided, and such other contracts or obligations relating to CompSource Oklahoma, as are authorized or permitted under the provisions of this title, including contracting with or appointing agents or brokers; provided the agents or brokers do not contract with or have an appointment solely with CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">(3) Invest and reinvest the monies belonging to CompSource Oklahoma as hereinafter provided.&nbsp;</span></p> <p><span class="cls0">(4) Conduct all business and affairs, relating to CompSource Oklahoma, whether herein specifically designated or in addition thereto.&nbsp;</span></p> <p><span class="cls0">(5) The CompSource Oklahoma President and Chief Executive Officer may delegate to any officer of CompSource Oklahoma, under such rules and regulations, and subject to such conditions as he or she may from time to time prescribe, any of the powers, functions or duties conferred or imposed on the CompSource Oklahoma President and Chief Executive Officer under the provisions of this act in connection with CompSource Oklahoma, the administration, management and conduct of the business or affairs relating thereto, and the officer or officers to whom such delegation is made may exercise the power and functions and perform the duties delegated with the same force and effect as the CompSource Oklahoma President and Chief Executive Officer, but subject to his or her approval.&nbsp;</span></p> <p><span class="cls0">(6) The Board of Managers of CompSource Oklahoma shall not, nor shall the CompSource Oklahoma President and Chief Executive Officer or any officer or employee of CompSource Oklahoma be personally liable in his or her private capacity for or on account of any act performed or contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud, in connection with the administration, management or conduct of CompSource Oklahoma, its business or other affairs relating thereto.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 59, &sect; 1 (&sect; 3), eff. July 1, 1933. Amended by Laws 1937, p. 488, &sect; 5, emerg. eff. May 14, 1937; Laws 2002, c. 50, &sect; 10, eff. Nov. 1, 2002; Laws 2006, c. 316, &sect; 2, eff. July 1, 2006. Renumbered from &sect; 133 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-382. Power and authority of President and Chief Executive Officer in conducting business and affairs of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. In conducting the business and affairs of CompSource Oklahoma, the CompSource Oklahoma President and Chief Executive Officer, or other officer to whom such power and authority may be delegated by the CompSource Oklahoma President and Chief Executive Officer, as provided by Section 133 of this title, shall have full power and authority:&nbsp;</span></p> <p><span class="cls0">1. To enter into contracts of insurance, insuring employers against liability for compensation, and insuring to employees and other persons entitled thereto compensation as provided by the Workers' Compensation Act, Section 1 et seq. of this title;&nbsp;</span></p> <p><span class="cls0">2. To decline to insure any risk in which the minimum requirements of the law with regard to construction, equipment and operation are not observed, or which is beyond the safe carrying of CompSource Oklahoma, but shall not have power or authority, except as otherwise provided in this act to refuse to insure any compensation risk tendered with the premium therefor;&nbsp;</span></p> <p><span class="cls0">3. To enter into contracts of insurance insuring persons, firms and corporations against loss, expense or liability by reason of bodily injury, death by accident, occupational disability, or occupational disease suffered by employees for which the insured may be liable or have assumed liability, including, but not limited to, contracts of insurance or reinsurance for the purpose of insuring employers operating in this state and their employees who may work outside this state;&nbsp;</span></p> <p><span class="cls0">4. To purchase reinsurance for any risk or any portion of any risk of CompSource Oklahoma. The purchase of reinsurance may be made through intermediaries, exclusive of the provisions of The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">5. To inspect and audit, cause to be inspected and audited, or require production of the records of employers insured with or applying for insurance with CompSource Oklahoma against liability for compensation;&nbsp;</span></p> <p><span class="cls0">6. To contract with physicians, surgeons and hospitals for medical and surgical treatment and the care and nursing of injured persons entitled to benefits from said fund;&nbsp;</span></p> <p><span class="cls0">7. To meet the reasonable expenses of conducting the business of CompSource Oklahoma;&nbsp;</span></p> <p><span class="cls0">8. To produce a reasonable surplus to cover catastrophe hazard; and&nbsp;</span></p> <p><span class="cls0">9. To administer a program in compliance with Section 924.3 of Title 36 of the Oklahoma Statutes, whereby employers may appeal rating classification decisions which are disputed. CompSource Oklahoma shall notify employers of the availability of the program.&nbsp;</span></p> <p><span class="cls0">B. CompSource Oklahoma must be funded through actuarially sound rates and premiums charged to its policyholders.&nbsp;</span></p> <p><span class="cls0">C. CompSource Oklahoma shall establish and use rates and rating plans to assure that it is self-funding while those rates are in effect.&nbsp;</span></p> <p><span class="cls0">D. No later than September 1 of each year, CompSource Oklahoma shall obtain an independent actuarial certification of the results of its operations for prior years.&nbsp;</span></p> <p><span class="cls0">E. Any premium or assessments collected by CompSource Oklahoma in excess of the amount necessary to fund its projected ultimate incurred losses and expenses and not paid to policyholders insured under CompSource Oklahoma in conjunction with dividend programs shall be retained by CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">F. CompSource Oklahoma losses are the sole and exclusive responsibility of CompSource Oklahoma, and payment for such losses must be funded in accordance with this section and must not come, directly or indirectly, from insurers or any guaranty association for such insurers, except for reinsurance purchased by CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 60, &sect; 1 (&sect; 4), eff. July 1, 1933. Amended by Laws 1937, p. 489, &sect; 6, emerg. eff. May 14, 1937; Laws 1994, 2nd Ex. Sess., c. 1, &sect; 40, emerg. eff. Nov. 4, 1994; Laws 1996, c. 363, &sect; 8, eff. Nov. 1, 1996; Laws 2002, c. 145, &sect; 1, eff. July 1, 2002; Laws 2003, c. 3, &sect; 107, emerg. eff. March 19, 2003; Laws 2008, c. 77, &sect; 1. Renumbered from &sect; 134 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2002, c. 50, &sect; 11 repealed by Laws 2003, c. 3, &sect; 108, emerg. eff. March 19, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-383. Deposits and transfers - Warrants.&nbsp;</span></p> <p><span class="cls0">A. All receipts of money, with the exception of investment income, shall be deposited in the CompSource Oklahoma fund in the State Treasury. The CompSource Oklahoma President and Chief Executive Officer, subject to the direction of the Board of Managers, shall have the responsibility for the management of the CompSource Oklahoma fund, and may transfer monies used for investment purposes from the CompSource Oklahoma fund in the State Treasury to the custodian bank or trust company of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. 1. All benefits payable pursuant to the provisions of the bylaws of CompSource Oklahoma, and refunds of premiums and overpayments, shall be paid from CompSource Oklahoma upon warrants or vouchers signed by two persons designated by the CompSource Oklahoma President and Chief Executive Officer.&nbsp;</span></p> <p><span class="cls0">2. Every check, draft, warrant, or other instrument drawn for the payment of temporary total disability benefits by CompSource Oklahoma shall contain on its face in a contrasting color of ink the following:&nbsp;</span></p> <p class="cls1"><span class="cls0">WARNING: It is a felony to knowingly receive money under false pretenses by accepting temporary total disability benefits while working at the same or a similar job. If you are employed or receiving wages, you should consult CompSource Oklahoma or if you are represented by an attorney you should consult your attorney BEFORE presenting this instrument to any other person for payment.&nbsp;</span></p> <p><span class="cls0">3. The CompSource Oklahoma President and Chief Executive Officer may transfer monies from the custodian bank or trust company of CompSource Oklahoma to the CompSource Oklahoma fund in the State Treasury for the purposes specified in this subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 61, &sect; 1 (&sect; 5), eff. July 1, 1933. Amended by Laws 1937, p. 489, &sect; 7, emerg. eff. May 14, 1937; Laws 1983, c. 235, &sect; 3, operative July 1, 1983; Laws 1989, c. 291, &sect; 7, eff. July 1, 1989; Laws 1994, 2nd Ex.Sess., c. 1, &sect; 41, emerg. eff. Nov. 4, 1994; Laws 2002, c. 50, &sect; 12, eff. Nov. 1, 2002. Renumbered from Title 85, &sect; 135 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-384. Petty cash fund.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">There is hereby created a petty cash fund within CompSource Oklahoma. Said petty cash fund shall be in such amounts as are determined to be necessary by the Director of the Office of Management and Enterprise Services and the CompSource Oklahoma President and Chief Executive Officer. Petty cash funds may be expended for the payment of emergency purchases and bills. The said funds may be reimbursed by the Director of the Office of Management and Enterprise Services upon the filing of a claim with the proper receipts showing the disbursements therefrom, reimbursement to be made from the revolving fund. The Director of the Office of Management and Enterprise Services shall prescribe all forms, systems and procedures for administering the petty cash fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 271, &sect; 8, operative July 1, 1982. Amended by Laws 2002, c. 50, &sect; 13, eff. Nov. 1, 2002. Renumbered from &sect; 135.1 of this title by Laws 2011, c. 318, &sect; 88. Amended by Laws 2012, c. 304, &sect; 1079.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-385. Appointment of assistants, accountants, adjusters, etc. - Compensation and salaries - Chief attorney.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. The CompSource Oklahoma President and Chief Executive Officer shall appoint, with the approval of the Board of Managers of CompSource Oklahoma, such assistants, accountants, claim adjusters, and other employees as may be necessary to conduct the business and carry out the provisions of Section 131 et seq. of this title, or to perform the duties imposed upon him by this act; provided, that in no event shall the salaries of such employees, together with all other expenses of said fund, exceed twenty percent (20%) of the earned premiums.&nbsp;</span></p> <p><span class="cls0">B. The chief attorney for the Board shall receive a salary equal to that paid to a judge of the Workers' Compensation Court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 61, &sect; 1, (&sect; 6), eff. July 1, 1933. Amended by Laws 1937, p. 490, &sect; 8, emerg. eff. May 14, 1937; Laws 1985, c. 306, &sect; 5, emerg. eff. July 24, 1985; Laws 2002, c. 50, &sect; 14, eff. Nov. 1, 2002. Renumbered from &sect; 136 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-386. Percentage of premiums for surplus fund - Transfer to other funds - Reserves.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. 1. Ten percent (10%) of the premiums collected from all persons, firms or corporations insured in CompSource Oklahoma, shall be set aside by the CompSource Oklahoma President and Chief Executive Officer for the creation of surplus, until the surplus shall amount to the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), and thereafter five percent (5%) of such premiums shall be set aside until such time as in the judgment of the State Insurance Board such surplus shall be sufficiently large to cover the catastrophe hazard, and all other unanticipated losses.&nbsp;</span></p> <p><span class="cls0">2. If the ratio of net premium-to-surplus exceeds 1:2 on July 1 of any year, the Board of Managers shall, within sixty (60) days, declare a dividend of sufficient size to reduce the ratio of net premium-to-surplus to no more than 1:2. The dividend may be declared in the form of cash, cash equivalents, negotiable instruments, or credits against past, present, or future premiums on or before October 15 next following declaration of the dividend and shall be payable to policyholders having policies in force when the dividend is declared.&nbsp;</span></p> <p><span class="cls0">B. The Board of Managers is hereby vested with authority, in its discretion, to transfer funds from such surplus to other funds of CompSource Oklahoma when deemed necessary or advisable; provided, that in no event shall such surplus be reduced to a sum less than One Hundred Fifty Thousand Dollars ($150,000.00).&nbsp;</span></p> <p><span class="cls0">C. Reserves shall be established and maintained adequate to meet anticipated losses and to carry all claims and policies to maturity, which reserves shall be computed in accordance with rules adopted by the Board of Managers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 61, &sect; 1 (&sect; 7), eff. July 1, 1933. Amended by Laws 1937, p. 490, &sect; 9, emerg. eff. May 14, 1937; Laws 1939, p. 585, &sect; 2; Laws 2000, c. 248, &sect; 4, eff. Sept. 1, 2000; Laws 2002, c. 50, &sect; 15, eff. Nov. 1, 2002. Renumbered from &sect; 137 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-387. Investment of monies - Liability of Board members - Investment committee - Investment managers - Selection of custodian - Investment plan - Financial report.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. The Board of Managers shall discharge their duties with respect to CompSource Oklahoma solely in the interest of CompSource Oklahoma and:&nbsp;</span></p> <p><span class="cls0">1. For the exclusive purpose of:&nbsp;</span></p> <p class="cls5"><span class="cls0">a.&nbsp;&nbsp;providing benefit to CompSource Oklahoma, and&nbsp;</span></p> <p class="cls5"><span class="cls0">b.&nbsp;&nbsp;defraying reasonable expenses of administering CompSource Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;&nbsp;</span></p> <p><span class="cls0">3. By diversifying the investments of CompSource Oklahoma so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and&nbsp;</span></p> <p><span class="cls0">4. In accordance with the laws, documents and instruments governing CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. The monies of CompSource Oklahoma shall be invested only in assets eligible for the investment of funds of a domestic property and casualty insurance company as provided for in the Oklahoma Insurance Code, Title 36 of the Oklahoma Statutes. The term admitted assets shall mean the amount of the monies of CompSource Oklahoma and the provisions relating to limitation of investments as a percentage of surplus as regards policyholders shall be inapplicable with respect to investment of the monies of CompSource Oklahoma. The monies of CompSource Oklahoma may be invested in certificates of indebtedness or such other enforceable evidences of obligation as may be utilized in the rights-of-way acquisitions by the Oklahoma Department of Transportation. The monies of CompSource Oklahoma may also be invested in bonds secured by first mortgages, pass-through securities and insured participation certificates representing interests in first mortgages or insured mortgage pass-through certificates on one- to four-family residences located within this state. CompSource Oklahoma may enter into agreements with the Multiple Injury Trust Fund to fulfill any payment obligation of the Multiple Injury Trust Fund, including all court orders for material increases and the accrued interest thereon, and all orders for interest on previously paid awards.&nbsp;</span></p> <p><span class="cls0">C. 1. The CompSource Oklahoma President and Chief Executive Officer, with the approval of the Board of Managers, is authorized to acquire any real estate deemed necessary for the immediate and reasonably anticipated future administrative office space needs of CompSource Oklahoma. The CompSource Oklahoma President and Chief Executive Officer, with the approval of the Board of Managers, may sell, lease, rent or sublet any real estate holdings of CompSource Oklahoma. Any revenues of such transactions shall accrue to the surplus or reserve fund of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">2. In any lease, rental, sublease or other agreement for the use or occupation of real estate holdings of CompSource Oklahoma, no state agency may enter into an agreement which has a gross effective rental rate which is greater than the gross effective rental rate for which they can continue to occupy the premises which is currently rented at the time the agency proposes to move. For a period of two (2) years after the first use or occupation by the state agency, subsequent agreements, whether new agreements or continuations of a prior agreement, shall not contain a gross effective rental rate which is greater than that of the original agreement.&nbsp;</span></p> <p><span class="cls0">D. The Board of Managers may procure insurance indemnifying the members of CompSource Oklahoma from personal loss or accountability from liability resulting from a member's action or inaction as a member of the Board of Managers.&nbsp;</span></p> <p><span class="cls0">E. The Board of Managers may establish an investment committee. The investment committee shall be composed of not more than three (3) members of the Board of Managers appointed by the chairman of the Board of Managers. The committee shall make recommendations to the full Board on all matters related to the choice of custodians and managers of the assets of CompSource Oklahoma, on the establishment of investment and fund management guidelines, and in planning future investment policy. The committee shall have no authority to act on behalf of the Board of Managers or CompSource Oklahoma in any circumstances whatsoever. No recommendation of the committee shall have effect as an action of the Board of Managers nor take effect without the approval of the Board of Managers as provided by law.&nbsp;</span></p> <p><span class="cls0">F. The Board of Managers shall retain qualified investment managers to provide for the investment of the monies of CompSource Oklahoma. The investment managers shall be chosen by a solicitation of proposals on a competitive bid basis pursuant to standards set by the Board of Managers. Subject to the overall investment guidelines set by the Board of Managers, the investment managers shall have full discretion in the management of those monies of CompSource Oklahoma allocated to the investment managers. The Board of Managers shall manage those monies not specifically allocated to the investment managers. The monies of CompSource Oklahoma allocated to the investment managers shall be actively managed by the investment managers, which may include selling investments and realizing losses if such action is considered advantageous to longer term return maximization. Because of the total return objective, no distinction shall be made for management and performance evaluation purposes between realized and unrealized capital gains and losses.&nbsp;</span></p> <p><span class="cls0">G. Funds and revenues for investment by the investment managers or the Board of Managers shall be placed with a custodian selected by the Board of Managers. The custodian shall be a bank or trust company offering master custodial services. The custodian shall be chosen by a solicitation of proposals on a competitive bid basis pursuant to standards set by the Board of Managers. In compliance with the investment policy guidelines of the Board of Managers, the custodian bank or trust company shall be contractually responsible for ensuring that all monies of CompSource Oklahoma are invested in income-producing investment vehicles at all times. If a custodian bank or trust company has not received direction from the investment managers of CompSource Oklahoma as to the investment of the monies of the State Insurance Fund in specific investment vehicles, the custodian bank or trust company shall be contractually responsible to the Board of Managers for investing the monies in appropriately collateralized short-term interest-bearing investment vehicles.&nbsp;</span></p> <p><span class="cls0">H. Prior to August 1 of each year, the Board of Managers shall develop and approve a written investment plan for CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">I. The CompSource Oklahoma President and Chief Executive Officer shall compile a quarterly financial report of all the funds of CompSource Oklahoma. The report shall be compiled and filed pursuant to uniform reporting standards prescribed by the State Insurance Commissioner for domestic property and casualty insurance companies. The report shall include several relevant measures of investment value, including acquisition cost and current fair market value with appropriate summaries of total holdings and returns. The report shall contain combined and individual rate of returns of the investment managers by category of investment, over periods of time. The report shall contain a list of all investments made by CompSource Oklahoma and a list of any commissions, fees or payments made for services regarding such investments for that reporting period. The report shall be distributed to the Governor, the Legislative Service Bureau and the Cash Management and Investment Oversight Commission.&nbsp;</span></p> <p><span class="cls0">J. CompSource Oklahoma, on behalf of the Multiple Injury Trust Fund, may enter into an agreement with any reinsurer licensed to sell reinsurance by the State Insurance Commissioner selected pursuant to a competitive process administered by the Director of Central Purchasing in the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 61, &sect; 1 (&sect; 8), eff. July 1, 1933. Amended by Laws 1937, p. 490, &sect; 10, emerg. eff. May 14, 1937; Laws 1955, p. 495, &sect; 1, emerg. eff. April 25, 1955; Laws 1965, c. 428, &sect; 1, emerg. eff. July 8, 1965; Laws 1989, c. 291, &sect; 8, eff. July 1, 1989; Laws 1992, c. 60, &sect; 1, eff. July 1, 1992; Laws 1993, c. 349, &sect; 36, eff. Sept. 1, 1993; Laws 1995, c. 26, &sect; 2, eff. Nov. 1, 1995; Laws 2000, c. 248, &sect; 9, emerg. eff. May 26, 2000; Laws 2002, c. 50, &sect; 16, eff. Nov. 1, 2002. Renumbered from &sect; 138 of this title by Laws 2011, c. 318, &sect; 88. Amended by Laws 2012, c. 304, &sect; 1080.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-388. Fiduciary's powers and duties.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. A fiduciary with respect to the State Insurance Fund shall not cause the State Insurance Fund to engage in a transaction if the fiduciary knows or should know that such transaction constitutes a direct or indirect:&nbsp;</span></p> <p><span class="cls0">1. sale or exchange, or leasing of any property from the State Insurance Fund to a party in interest for less than adequate consideration or from a party in interest to the State Insurance Fund for more than adequate consideration;&nbsp;</span></p> <p><span class="cls0">2. lending of money or other extension of credit from the State Insurance Fund to a party in interest without the receipt of adequate security and a reasonable rate of interest, or from a party in interest to the State Insurance Fund with provision of excessive security or an unreasonably high rate of interest;&nbsp;</span></p> <p><span class="cls0">3. furnishing of goods, services or facilities from the State Insurance Fund to a party in interest for less than adequate consideration, or from a party in interest to the State Insurance Fund for more than adequate consideration; or&nbsp;</span></p> <p><span class="cls0">4. transfer to, or use by or for the benefit of, a party in interest of any assets of the State Insurance Fund for less than adequate consideration.&nbsp;</span></p> <p><span class="cls0">B. A fiduciary with respect to the State Insurance Fund shall not:&nbsp;</span></p> <p><span class="cls0">1. deal with the assets of the State Insurance Fund in the fiduciary's own interest or for the fiduciary's own account;&nbsp;</span></p> <p><span class="cls0">2. in the fiduciary's individual or any other capacity act in any transaction involving the State Insurance Fund on behalf of a party whose interests are adverse to the interests of the State Insurance Fund or the interests of its participants or beneficiaries; or&nbsp;</span></p> <p><span class="cls0">3. receive any consideration for the fiduciary's own personal account from any party dealing with the State Insurance Fund in connection with a transaction involving the assets of the State Insurance Fund.&nbsp;</span></p> <p><span class="cls0">C. A fiduciary with respect to the State Insurance Fund may:&nbsp;</span></p> <p><span class="cls0">1. invest all or part of the assets of the State Insurance Fund in deposits which bear a reasonable interest rate in a bank or similar financial institution supervised by the United States or a state, if such bank or other institution is a fiduciary of such plan; or&nbsp;</span></p> <p><span class="cls0">2. provide any ancillary service by a bank or similar financial institution supervised by the United States or a state, if such bank or other institution is a fiduciary of such plan.&nbsp;</span></p> <p><span class="cls0">D. A person or a financial institution is a fiduciary with respect to the State Insurance Fund to the extent that the person or the financial institution:&nbsp;</span></p> <p><span class="cls0">1. exercises any discretionary authority or discretionary control respecting management of the State Insurance Fund or exercises any authority or control respecting management or disposition of the assets of the State Insurance Fund;&nbsp;</span></p> <p><span class="cls0">2. renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of the State Insurance Fund, or has any authority or responsibility to do so; or&nbsp;</span></p> <p><span class="cls0">3. has any discretionary authority or discretionary responsibility in the administration of the State Insurance Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 291, &sect; 9, eff. July 1, 1989. Renumbered from &sect; 138.2 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-389. Expenses of administration - Budget - Limitation on amount - Audit of accounts and records - Annual financial statement - Audit of Fund.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">The entire expenses of administering "CompSource Oklahoma" shall be paid out of such fund upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. On or before the first day of June of each year, or as soon thereafter as possible, there shall be submitted to the Board of Managers of CompSource Oklahoma, for approval, an estimated budget of expenses for the succeeding fiscal year. The CompSource Oklahoma President and Chief Executive Officer may not expend from the funds belonging to CompSource Oklahoma for purposes of administering any sum in excess of the amount specified in such budget for any item of expense therein set forth unless such expenditure is authorized by the Board of Managers of CompSource Oklahoma. In no event shall the entire expenses of administration of CompSource Oklahoma, as authorized for the entire year, exceed twenty percent (20%) of the earned premiums of the year. The Board of Managers may use present value discounting at a rate of four percent (4%) for computing reserves. The Board of Managers shall cause to be made and completed within ninety (90) days after the end of each calendar year, an audit of the books of account and financial records of the fund for such calendar year, such audit to be made by an independent certified public accountant, a licensed public accountant, a firm of certified public accountants, or an accounting firm or individual holding a permit to practice accounting in this state. The audit shall be filed with the Director of the Office of Management and Enterprise Services in accordance with the requirements set forth for financial statement audits in Section 212A of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">CompSource Oklahoma shall submit to the State Insurance Commissioner an annual financial statement in the same manner as a domestic insurance carrier. The Insurance Commissioner may audit CompSource Oklahoma in the same manner as a domestic insurance company if an audit does not conflict with any specific provision contained herein. The CompSource Oklahoma President and Chief Executive Officer shall provide a copy of the annual financial statement to the Governor and CompSource Oklahoma Board of Managers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 62, &sect; 1 (&sect; 9), eff. July 1, 1933. Amended by Laws 1937, p. 490, &sect; 11, emerg. eff. May 14, 1937; Laws 1987, c. 231, &sect; 2, eff. July 1, 1987; Laws 1989, c. 291, &sect; 10, eff. July 1, 1989; Laws 1992, c. 60, &sect; 2, eff. July 1, 1992; Laws 1996, c. 363, &sect; 9, eff. Nov. 1, 1996; Laws 1997, c. 2, &sect; 24, emerg. eff. Feb. 26, 1997; Laws 2002, c. 50, &sect; 17, eff. Nov. 1, 2002. Renumbered from &sect; 139 of this title by Laws 2011, c. 318, &sect; 88. Amended by Laws 2012, c. 304, &sect; 1081.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1996, c. 290, &sect; 21 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-390. Accounts of money paid, expenses, losses, etc.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">The CompSource Oklahoma President and Chief Executive Officer shall keep an account of the money paid in premiums by each classification of persons, firms, or corporations insured by CompSource Oklahoma, and the expense of administering CompSource Oklahoma and the disbursements on account of loss, expense or liability by reason of bodily injury, death by accident, occupational disability, or occupational disease suffered by employees, for which persons injured, CompSource Oklahoma were liable or had assumed liability, including the setting up of reserves adequate to meet unanticipated and unexpected losses and to carry the claims to maturity; and, also, an account of the money received from such individual insured; and of the amount disbursed from "CompSource Oklahoma", for expenses, and on account of injuries, death by accident, sickness or disease, and disability of persons to whom such insured was liable or had assumed liability, including the reserves set up.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 63, &sect; 1 (&sect; 11), eff. July 1, 1933. Amended by Laws 1937, p. 491, &sect; 12, emerg. eff. May 14, 1937; Laws 2002, c. 50, &sect; 18, eff. Nov. 1, 2002. Renumbered from &sect; 141 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-391. Premiums - Payments - Adjusted premiums.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">Premiums for any policy period shall be paid into CompSource Oklahoma and adjusted according to the contract of insurance. If such adjusted premium is more than the premium paid at the beginning of the period, the employer shall pay the difference immediately upon notification of the amount of premium due. If such adjusted premium is less than the premium paid at the beginning of the period, the employer shall at the employer&rsquo;s option receive either refund of the difference or a credit of the amount thereof on the employer&rsquo;s account with CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 63, &sect; 1 (&sect; 12), eff. July 1, 1933. Amended by Laws 2002, c. 145, &sect; 2, eff. July 1, 2002. Renumbered from &sect; 142 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-392. Premium credit program.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">The State Insurance Fund, in cooperation with the Department of Labor, shall develop and implement an insurance premium credit program for the insureds of the State Insurance Fund which is consistent with the provisions of Section 1 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 317, &sect; 2, eff. Nov. 1, 1988. Renumbered from &sect; 142a of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-393. Default in payment - Insurance cancelled.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">If any persons, firm or corporation insured by said State Insurance Fund shall default in the payment required to be made by him to the State Insurance Fund, after due notice his insurance in "The State Insurance Fund" may be canceled and the amount due from him shall be collected by a civil action against him in the name of "The State Insurance Fund", and the same when collected shall be paid into "The State Insurance Fund", and such insured's compliance with the provisions of this article requiring payments to be made to the "State Insurance Fund" shall date from the time of the payment of such money so collected as aforesaid to "The State Treasurer" for credit of "The State Insurance Fund".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 63, &sect; 1 (&sect; 14), eff. July 1, 1933. Amended by Laws 1937, p. 491, &sect; 13, emerg. eff. May 14, 1937. Renumbered from &sect; 144 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-394. Record of employees and wages - Inspection - Failure to keep or falsifying.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">Every person, firm, or corporation who has insured in "The State Insurance Fund" shall keep a true and accurate record of the number of employees and the wages paid and shall furnish upon demand a sworn statement of the same. The record shall be open to inspection at any time, and as often as may be necessary to verify the number of employees and the amount of the payroll. Any person, firm, or corporation who shall willfully fail to keep the required records or who shall willfully falsify any such record, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 64, &sect; 1 (&sect; 15), eff. July 1, 1933. Amended by Laws 1937, p. 491, &sect; 14, emerg. eff. May 14, 1937; Laws 1996, c. 363, &sect; 10, eff. Nov. 1, 1996. Renumbered from &sect; 145 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-395. Misrepresentation a felony.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">Any person who willfully misrepresents any fact in order to obtain insurance in "The State Insurance Fund" at less than the proper rate for such insurance, or in order to obtain payment out of such fund shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 64, &sect; 1 (&sect; 16), eff. July 1, 1933. Amended by Laws 1996, c. 363, &sect; 11, eff. Nov. 1, 1996. Renumbered from &sect; 146 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-396. Information not open to public inspection - Disclosure as misdemeanor.&nbsp;</span></p> <p><span class="cls0">Information acquired by the CompSource Oklahoma President and Chief Executive Officer or the officers or employees of CompSource Oklahoma, from persons, firms or corporations insured by CompSource Oklahoma, or from employees of such persons, firms or corporations pursuant to this article shall not be open to public inspection, and any officer or employee of the State of Oklahoma, who without authority of the Commissioner, or pursuant to the rules prescribed by the CompSource Oklahoma President and Chief Executive Officer, or as otherwise required by law, shall disclose the same, shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 64, &sect; 1 (&sect; 17), eff. July 1, 1933. Amended by Laws 1937, p. 491, &sect; 15, emerg. eff. May 14, 1937; Laws 1988, c. 317, &sect; 5, eff. Nov. 1, 1988; Laws 2002, c. 50, &sect; 19, eff. Nov. 1, 2002. Renumbered from &sect; 147 of this title by Laws 2011, c. 318, &sect; 88. Amended by Laws 2013, c. 254, &sect; 46.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-397. Contract of insurance - Payment of premiums.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">Every person, firm or corporation insuring in "CompSource Oklahoma" shall receive from CompSource Oklahoma a contract or policy of insurance to be approved by the State Insurance Board.&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided in this act all premiums shall be paid by every person, firm, or corporation who elects to insure with "CompSource Oklahoma" to the CompSource Oklahoma President and Chief Executive Officer semiannually, or at such times as may be prescribed by general rule or regulation applicable to all insurers alike by the Insurance Commissioner. Receipts shall be given for such payment and the money shall be paid over to the credit of CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 64, &sect; 1 (&sect; 18), eff. July 1, 1933. Amended by Laws 1937, p. 492, &sect; 16, emerg. eff. May 14, 1937; Laws 2002, c. 50, &sect; 20, eff. Nov. 1, 2002. Renumbered from &sect; 148 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-398. Group self-insurers.&nbsp;</span></p> <p><span class="cls0">A. The Workers' Compensation Court shall adopt rules permitting two or more employers not otherwise subject to the provisions of Section 2b of this title to pool together liabilities under this act for the purpose of qualifying as a group self-insurer and each such employer shall be classified as a self-insurer.&nbsp;</span></p> <p><span class="cls0">B. The Court shall approve the distribution of all undistributed policyholders' surplus of a Workers' Compensation Self-Insurance Program if the Program complies with the following criteria:&nbsp;</span></p> <p><span class="cls0">1. Has been in business for at least five (5) years;&nbsp;</span></p> <p><span class="cls0">2. Has its financial statements audited by a public accounting firm which audits at least one corporate client which has assets in excess of One Billion Dollars ($1,000,000,000.00) and on which the accounting firm has issued an unqualified opinion as to the fair presentation of the financial position of the Program showing adequate solvency and reserves; and&nbsp;</span></p> <p><span class="cls0">3. Is in compliance with the provisions of this title and all other regulations as required by the Court.&nbsp;</span></p> <p><span class="cls0">C. A group self-insurer created pursuant to this section either prior to or after the effective date of this act shall not be subject to the provisions of the Oklahoma Securities Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 256, &sect; 3, emerg. eff. June 25, 1981. Amended by Laws 1990, c. 264, &sect; 123, operative July 1, 1990; Laws 1990, c. 260, &sect; 58, operative July 1, 1990; Laws 1996, c. 363, &sect; 12, eff. Nov. 1, 1996. Renumbered from Title 85, &sect; 149.1 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-399. Self-insurance associations - Pooling of liabilities.&nbsp;</span></p> <p><span class="cls0">The Workers' Compensation Court shall adopt rules permitting two or more group self-insurance associations to pool their liabilities under this act for the purpose of providing such group self-insurance associations specific and aggregate excess insurance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 222, &sect; 30, eff. Nov. 1, 1986. Renumbered from Title 85, &sect; 149.2 by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-400. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">If any section of the provision of this act be decided by the Courts to be unconstitutional or invalid, the same shall not affect the validity of this act as a whole, or any part thereof other than the part so decided to be unconstitutional or invalid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 28, p. 65, &sect; 1 (&sect; 21), eff. July 1, 1933. Renumbered from &sect; 151 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-401. CompSource Oklahoma insurance revenue report - Annual market equalization assessment payment.&nbsp;</span></p> <p><span class="cls0">NOTE: This section is due to be repealed Jan. 1, 2015, by Laws 2013, c. 254, &sect; 53.&nbsp;</span></p> <p><span class="cls0">A. CompSource Oklahoma shall, annually, on or before the first day of March, report under oath of the President and Chief Executive Officer of CompSource Oklahoma to the State Treasurer, the total amount of direct written premiums and membership, application, policy and registration fees charged by CompSource Oklahoma during the preceding calendar year for insurance covering one or more of the following:&nbsp;</span></p> <p><span class="cls0">1. Insuring employers against liability for compensation under Sections 131 through 151 of Title 85 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. Assuring for the persons entitled thereto compensation provided by the workers&rsquo; compensation law;&nbsp;</span></p> <p><span class="cls0">3. Insuring persons, firms and corporations against loss, expense or liability by reason of bodily injury, death by accident, occupational disability, or occupational disease suffered by employees, for which the insured may be liable or have assumed liability; and&nbsp;</span></p> <p><span class="cls0">4. Insuring employers against liability incurred as the result of injuries sustained by employees engaged in employment subject to the Longshoremen&rsquo;s and Harbor Workers&rsquo; Compensation Act, 33 U.S.C., Section 901 et seq., or employees engaged in employment subject to Title IV of the Federal Coal Mine Health and Safety Act of 1969 as amended by the Black Lung Benefits Act of 1972, as enacted or as may be amended by the Congress of the United States.&nbsp;</span></p> <p><span class="cls0">B. CompSource Oklahoma, at the time the report required by subsection A of this section is filed, shall pay to the State Treasury to the credit of the General Revenue Fund, an annual market equalization assessment on all of the direct written premiums after all returned premiums are deducted, on all membership, application, policy and registration fees, and installment and finance fees or charges collected by CompSource Oklahoma, relating to written, continued and serviced insurance for purposes listed in paragraphs 1 through 4 of subsection A of this section; provided, no deduction shall be made from premiums for dividends paid to policyholders. The rate of assessment shall be two and twenty-five-one-hundredths percent (2.25%). If CompSource Oklahoma fails to remit the assessments in a timely manner, it shall remain liable therefor together with interest thereon at an annual rate equal to the average United States Treasury Bill rate of the preceding calendar year as certified by the State Treasurer on the first regular business day in January of each year, plus four (4) percentage points.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 426, &sect; 21, eff. Jan. 1, 2010. Renumbered from &sect; 154 of this title by Laws 2011, c. 318, &sect; 88.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;85-402. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-403. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 47 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. There is hereby created, for the purposes declared in this act, the "Multiple Injury Trust Fund" to be derived from the following sources:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. As soon as practicable after January 1 of each year, the Administrator of the Workers' Compensation Court shall establish an assessment rate applicable to each mutual or interinsurance association, stock company, or other insurance carrier writing workers' compensation insurance in this state, each employer carrying its own risk, and each group self-insurance association, for amounts for purposes of computing the assessment authorized by this section necessary to pay the annual obligations of the Multiple Injury Trust Fund determined on or before December 31 of each year by the MITF Director to be outstanding for the next calendar year, and to pay the allocations provided for in subsection I of this section. The rate shall be equal for all parties required to pay the assessment. The Board of Directors for CompSource Mutual Insurance Company shall have the power to disapprove the rate established by the MITF Director until the Multiple Injury Trust Fund repays in full the amount due on any loan from CompSource Mutual Insurance Company or its predecessor CompSource Oklahoma. If the MITF Director and CompSource Mutual Insurance Company have not agreed on the assessment rate within thirty (30) days, the Administrator of the Workers' Compensation Court shall set an assessment rate sufficient to cover all foreseeable obligations of the Multiple Injury Trust Fund, including interest and principal owed by the Fund on any loan. The rate in effect on the effective date of this act shall remain effective through June 30, 2012;&nbsp;</span></p> <p class="cls1"><span class="cls0">2. The Oklahoma Tax Commission shall assess and collect from any uninsured employer a temporary assessment at the rate of five percent (5%) of the total compensation for permanent total disability awards, permanent partial impairment awards, and death benefits paid out during each quarter of the calendar year by the employers;&nbsp;</span></p> <p class="cls1"><span class="cls0">3. The assessments shall be paid to the Tax Commission. Insurance carriers, self-insurers and group self-insurance associations shall pay the assessment in four equal installments not later than the fifteenth day of the month following the close of each quarter of the calendar year of the assessment. Assessments shall be determined based upon gross direct written premiums, normal premiums or actual paid losses of the paying party, as applicable, during the calendar quarter for which the assessment is due. Uninsured employers shall pay the assessment not later than the fifteenth day of the month following the close of each quarter of the calendar year of the assessment. For purposes of this section, "uninsured employer" means an employer required by law to carry workers' compensation insurance but who has failed or neglected to do so. Only one-third (1/3) of assessments against insurance carriers may be charged to policyholders and shall not be considered in determining whether any rate is excessive. The remaining two-thirds (2/3) of assessments against insurance carriers may not be included in any rate, premium, charge, fee, assessment or other amount to be collected from a policyholder. Insurance carriers shall not separately state the amount of the assessment on any invoice or billing assessment.&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;The assessment authorized in this section shall be determined using a rate equal to the proportion that the sum of the outstanding obligations of the Multiple Injury Trust Fund as determined pursuant to paragraph 1 of this subsection and the allocations provided for in subsection I of this section bear to the combined gross direct written premiums of all such insurers; all actual paid losses of all individual self-insureds; and the normal premium of all group self-insurance associations, for the year period from January 1 to December 31 preceding the assessment.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;For purposes of this subsection:&nbsp;</span></p> <p class="cls4"><span class="cls0">(1)&nbsp;&nbsp;"actual paid losses" means all medical and indemnity payments, including temporary disability, permanent disability, and death benefits, and excluding loss adjustment expenses and reserves, and&nbsp;</span></p> <p class="cls4"><span class="cls0">(2)&nbsp;&nbsp;"normal premium" means a standard premium less any discounts;&nbsp;</span></p> <p class="cls1"><span class="cls0">4. By April 15 of each year, the Insurance Commissioner, the MITF Director, and each individual and group self-insured shall provide the Administrator with such information as the Administrator may determine is necessary to effectuate the purposes of this section;&nbsp;</span></p> <p class="cls1"><span class="cls0">5. Each mutual or interinsurance association, stock company, or other insurance carrier writing workers' compensation insurance in this state, and each employer carrying its own risk, including each group self-insurance association, shall be notified by the Administrator in writing of the rate for the assessment on or before May 1 of each year in which a rate is determined. The rate determined by the Administrator shall be in effect for four calendar quarters beginning July 1 following determination by the Administrator;&nbsp;</span></p> <p class="cls7"><span class="cls0">6.&nbsp;&nbsp;a.&nbsp;&nbsp;No mutual or interinsurance association, stock company, or other insurance carrier writing workers' compensation insurance in this state, may be assessed in any year an amount greater than six percent (6%) of the gross direct written premiums of that insurer.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;No employer carrying its own risk may be assessed in any year an amount greater than six percent (6%) of the total actual paid losses of that individual self-insured.&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;No group self-insurance association may be assessed in any year an amount greater than six percent (6%) of the normal premium of that group self-insurance association.&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;If the maximum assessment does not provide in any one year an amount sufficient to make all necessary payments for obligations of the Multiple Injury Trust Fund and for the allocations provided for in subsection I of this section, the unpaid portion shall be paid as soon thereafter as funds become available.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. The Multiple Injury Trust Fund is hereby authorized to receive and expend monies appropriated by the Legislature.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. It shall be the duty of the Tax Commission to collect the payments provided for in this act. The Tax Commission is hereby authorized to bring an action for the recovery of any delinquent or unpaid payments required in this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. Any mutual or interinsurance association, stock company, or other insurance company, which is subject to regulation by the Insurance Commissioner, failing to make payments required in this act promptly and correctly, and failing to report payment of the same to the Insurance Commission within ten (10) days of payment shall be subject to administrative penalties as allowed by law, including but not limited to a fine in the amount of Five Hundred Dollars ($500.00) or an amount equal to one percent (1%) of the unpaid amount, whichever is greater, to be paid to the Insurance Commissioner.&nbsp;</span></p> <p class="cls1"><span class="cls0">E. Any employer carrying its own risk, or group self-insurance association failing to make payments required in this act promptly and correctly, and failing to report payment of the same to the Administrator within ten (10) days of payment shall be subject to administrative penalties as allowed by law, including but not limited to a fine in the amount of Five Hundred Dollars ($500.00) or an amount equal to one percent (1%) of the unpaid amount, whichever is greater, to be paid to the Administrator.&nbsp;</span></p> <p class="cls1"><span class="cls0">F. 1. On or before the first day of April of each year, the State Treasurer shall advise the Administrator, the MITF Director and the Tax Commission of the amount of money held as of March 1 of that year by the State Treasurer to the credit of the Multiple Injury Trust Fund. On or before the first day of November of each year, the State Treasurer shall advise the Administrator, the Board of Managers of CompSource Oklahoma and the Tax Commission of the amount of money held as of October 1 of that year by the State Treasurer to the credit of the Multiple Injury Trust Fund.&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Until such time as the Multiple Injury Trust Fund fully satisfies any loan obligation payable to CompSource Mutual Insurance Company or its predecessor CompSource Oklahoma, the State Treasurer shall:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;advise the Chief Executive Officer of CompSource Mutual Insurance Company on or before the first day of April of the money held as of March 1 of that year by the State Treasurer to the credit of the Multiple Injury Trust Fund, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;advise the Chief Executive Officer of CompSource Mutual Insurance Company on or before the first day of November of the money held as of October 1 of that year by the State Treasurer to the credit of the Multiple Injury Trust Fund.&nbsp;</span></p> <p class="cls1"><span class="cls0">G. Eighty percent (80%) of all sums held by the State Treasurer to the credit of the Multiple Injury Trust Fund may by order of the MITF Director, with the approval of the Insurance Commissioner, be invested in or loaned on the pledge of any of the securities in which a state bank may invest the monies deposited therein by the State Treasurer; or may be deposited in state or national banks or trust companies upon insured time deposit bearing interest at a rate no less than currently being paid upon insured savings accounts in the institutions. As used in this section, "insured" means insurance as provided by an agency of the federal government. All such securities or evidence of indebtedness shall be placed in the hands of the State Treasurer, who shall be the custodian thereof, who shall collect the principal and interest when due, and pay the same into the Multiple Injury Trust Fund. The State Treasurer shall pay by vouchers drawn on the Multiple Injury Trust Fund for the making of such investments, when signed by the MITF Director, upon delivery of such securities or evidence of indebtedness to the State Treasurer. The MITF Director may sell any of such securities, the proceeds thereof to be paid over to the State Treasurer for the Multiple Injury Trust Fund.&nbsp;</span></p> <p class="cls1"><span class="cls0">H. The refund provisions of Sections 227 through 229 of Title 68 of the Oklahoma Statutes shall be applicable to any payments made to the Multiple Injury Trust Fund. Refunds shall be paid from and out of the Multiple Injury Trust Fund.&nbsp;</span></p> <p class="cls1"><span class="cls0">I. The Tax Commission shall pay, monthly, to the State Treasurer to the credit of the Multiple Injury Trust Fund all monies collected pursuant to the provisions of this section, less the annual sum of Two Million Five Hundred Fifty Thousand Dollars ($2,550,000.00), of which One Million Two Hundred Seventy-five Thousand Dollars ($1,275,000.00) shall be payable by the Oklahoma Tax Commission to the State Treasurer in equal monthly installments to the credit of the Department of Labor, Six Hundred Thirty-seven Thousand Five Hundred Dollars ($637,500.00) shall be payable in equal monthly installments to the credit of the Office of the Attorney General, and Six Hundred Thirty-seven Thousand Five Hundred Dollars ($637,500.00) shall be payable in equal monthly installments to the credit of the Oklahoma Department of Career and Technology Education. Monies received by the Department of Labor under this section shall be used for safety consultation and the regulation of the safety of public employees through the Occupational Safety and Health Act of 1970. Monies received by the Office of the Attorney General shall be deposited to the credit of the Attorney General's Workers' Compensation Fraud Unit Revolving Fund created pursuant to Section 19.2 of Title 74 of the Oklahoma Statutes. Monies received by the Oklahoma Department of Career and Technology Education shall supplement other funding to the Department for purposes of implementing the provisions of subsection B of Section 414 of Title 40 of the Oklahoma Statutes. The State Treasurer shall pay out of the Multiple Injury Trust Fund only upon the order and direction of the Workers' Compensation Court acting under the provisions hereof.&nbsp;</span></p> <p class="cls1"><span class="cls0">J. The Administrator shall promulgate rules as the Administrator deems necessary to effectuate the provisions of this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">K. The Insurance Commissioner shall promulgate rules relating to insurers as defined in Title 36 of the Oklahoma Statutes, as the Insurance Commissioner deems necessary to effectuate the provisions of this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">L. The Multiple Injury Trust Fund may enter into an agreement with any reinsurer licensed to sell reinsurance by the Insurance Commissioner pursuant to a competitive process administered by the Director of Central Purchasing in the Office of Management and Enterprise Services.&nbsp;</span></p> <p class="cls1"><span class="cls0">M. Any dividend, rebate, or other distribution, payable by any workers' compensation insurance carrier, to a state agency policyholder shall be paid to the State Treasurer, and shall be credited as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">1. In the event of failure of the Multiple Injury Trust Fund to meet all lawful obligations, the monies shall be credited to the Multiple Injury Trust Fund and shall be used by the Multiple Injury Trust Fund to meet all lawful obligations of the Multiple Injury Trust Fund; and&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Otherwise, all future dividends made by any workers' compensation insurance carrier, on behalf of state agencies, shall be deposited to the credit of the General Revenue Fund of the State Treasury.&nbsp;</span></p> <p><span class="cls0">&sect;85-404. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-405. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-406. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 48 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. The chief administrative officer of the Multiple Injury Trust Fund shall be the MITF Director, who shall have supervision over the administration and protection of the Multiple Injury Trust Fund and shall be notified by the Administrator of the Workers' Compensation Court of all proceedings which may affect such fund.&nbsp;</span></p> <p class="cls1"><span class="cls0">1. The person serving as the Administrator of the Multiple Injury Trust Fund on the date of passage and approval of this act shall serve as the initial MITF Director, provided such person is serving as the Administrator of the Multiple Injury Trust Fund on the effective date of this act.&nbsp;</span></p> <p class="cls1"><span class="cls0">2. Except as provided in paragraph 1 of this subsection, the MITF Director shall be appointed by and serve at the pleasure of the Governor.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. The MITF Director shall have standing and the authority to appear in any case before the Workers' Compensation Court in which the Court is considering an award from the Multiple Injury Trust Fund.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. Any party interested shall have a right to bring a proceeding in the Supreme Court to review an award of the Court affecting such Multiple Injury Trust Fund, in the same manner as is now provided by law with reference to other awards by the Court.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. The State Treasurer shall allocate sufficient funds out of the Multiple Injury Trust Fund for administration expenses thereof in amounts to be fixed and approved by the MITF Director, unless rejected by the Governor and Attorney General.&nbsp;</span></p> <p class="cls1"><span class="cls0">E. The MITF Director shall make reports regarding financial and claims data to the Governor, Workers' Compensation Court, and the Insurance Commissioner, upon request.&nbsp;</span></p> <p><span class="cls0">&sect;85-407. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Subsequent to repeal, this section was amended by Laws 2013, c. 254, &sect; 49 to read as follows:&nbsp;</span></p> <p class="cls1"><span class="cls0">A. There is hereby created in the State Treasury the "Workers' Compensation Administration Fund" to be used for the costs of administering the Workers' Compensation Code and for other purposes pursuant to legislative appropriation.&nbsp;</span></p> <p class="cls1"><span class="cls0">B. No money on deposit with the State Treasurer to the credit of the Workers' Compensation Administration Fund shall be expended except pursuant to legislative appropriation.&nbsp;</span></p> <p class="cls1"><span class="cls0">C. For the purpose of providing funds for the Workers' Compensation Administration Fund, each mutual or interinsurance association, stock company, or other insurance carrier writing workers' compensation insurance in this state shall pay to the Oklahoma Tax Commission a tax at a rate of one percent (1%) of all gross direct premiums written during each quarter of the calendar year for workers' compensation insurance on risks located in this state after deducting from such gross direct premiums, return premiums, unabsorbed portions of any deposit premiums, policy dividends, safety refunds, savings and other similar returns paid or credited to policyholders. Such payments to the Tax Commission shall be made not later than the fifteenth day of the month following the close of each quarter of the calendar year in which such gross direct premium is collected or collectible. Contributions made by insurance carriers under the provisions of this section shall be considered for the purpose of computing workers' compensation rates.&nbsp;</span></p> <p class="cls1"><span class="cls0">D. When an employer is authorized to become a self-insurer, the Administrator of the Workers' Compensation Court as directed by the Workers' Compensation Court shall so notify the Tax Commission, giving the effective date of such authorization. The Tax Commission shall then assess and collect from the employers carrying their own risk a tax at the rate of two percent (2%) of the total compensation for permanent total disability awards, permanent partial impairment awards and death benefits paid out during each quarter of the calendar year by the employers. Such tax shall be payable by the employers and collected by the Tax Commission according to the provisions of this section regarding payment and collection of the tax created in subsections C, E, F and G of this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">E. It shall be the duty of the Tax Commission to collect the payments provided for in this act. The Tax Commission is hereby authorized to bring an action for the recovery of any delinquent or unpaid payments required in this section. The Tax Commission may also enforce payments by proceeding in accordance with the provisions of Section 346 of this title.&nbsp;</span></p> <p class="cls1"><span class="cls0">F. The Tax Commission shall pay monthly to the State Treasurer to the credit of the General Revenue Fund all monies collected under the provisions of this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">G. The refund provisions of Sections 227 through 229 of Title 68 of the Oklahoma Statutes shall be applicable to any payments made pursuant to this section.&nbsp;</span></p> <p><span class="cls0">&sect;85-408. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-409. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-410. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-411. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-412. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p><span class="cls0">&sect;85-413. Repealed by Laws 2013, c. 208, &sect; 171, eff. Feb. 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> </body> </html>

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