2020 Oklahoma Statutes
Title 85A. Administrative Workers' Compensation System
§85A-22. Administration of act - Additional powers and duties.

A. 1. For the purpose of administering the provisions of this title, the Workers' Compensation Commission is authorized:

• a.to make rules necessary for the administration and operation of the Commission,
• b.to appoint and fix the compensation of temporary technical assistants, medical and legal advisers, clerical assistants and other officers and employees, and
• c.to make such expenditures, including those for personal service, rent, books, periodicals, office equipment, and supplies, and for printing and binding as may be necessary.

2.a.The Commission shall vote on any substantive change to any form and the effective date of such substantive change.

• b.The Commission shall comply with the provisions of the Administrative Procedures Act applicable to the filing and publication requirements for rules before the adoption, prescription, amendment, modification, or repeal of any rule.

B. 1. The Commission may appoint as many persons as may be necessary to be administrative law judges and in addition may appoint such examiners, investigators, medical examiners, clerks, and other employees as it deems necessary to effectuate the provisions of this title.

2. Employees appointed under this subsection shall receive an annual salary to be fixed by the Commission.

C. Additionally, the Commission shall have the following powers and duties:

1. To hear and approve compromise settlements;

2. To review and approve own-risk applications and group self-insurance association applications;

3. To monitor own-risk, self-insurer and group self-insurance programs, in accordance with the rules of the Commission;

4. To contract with an appropriate state governmental entity, insurance carrier or approved service organization to process, investigate and pay valid claims against an impaired self-insurer which fails, due to insolvency or otherwise, to pay its workers' compensation obligations, charges for which shall be paid from the proceeds of security posted with the Commission as provided in Section 38 of this title;

5. To establish a toll-free telephone number in order to provide information and answer questions about the Commission;

6. To hear and determine claims concerning disputed medical bills;

7. To promulgate necessary rules for administering this title and develop uniform forms and procedures for use by administrative law judges. Such rules shall be reviewable by the Legislature;

8. To invest funds on behalf of the Multiple Injury Trust Fund;

9. To appoint a Commission Mediator to conduct informal sessions to attempt to resolve assigned disputes;

10. To establish a petty cash fund in an amount not to exceed Five Hundred Dollars ($500.00) to be used for the purpose of making change for persons purchasing printed or electronic materials from the Commission, paying fees and fines, and transacting other such business with the Commission. The fund shall be established and replenished from any monies available to the Commission for operating expenses and it shall be administered pursuant to the requirements of Section 195 of Title 62 of the Oklahoma Statutes; and

11. Such other duties and responsibilities authorized by law.

D. Communications, whether in person, by electronic medium or in writing, that reflect the pre-decisional deliberations of the Commissioners among each other or with Commission staff, and which occur while exercising their quasi-judicial duties such as reviewing decisions or awards made by the administrative law judges of the Commission pursuant to Section 78 of this title or reviewing arbitration awards pursuant to Section 322 and Section 323 of this title, shall not be subject to requirements of the Oklahoma Open Meeting Act or Oklahoma Open Records Act, shall be confidential and shall be considered protected deliberative communications.

E. It shall be the duty of an administrative law judge, under the rules adopted by the Commission, to hear and determine claims for compensation and to conduct hearings and investigations and to make such judgments, decisions, and determinations as may be required by any rule or judgment of the Commission.

Added by Laws 2013, c. 208, § 22. Amended by Laws 2019, c. 476, § 11, emerg. eff. May 28, 2019.