The Oklahoma Workers’ Compensation Act is repealed, and the Oklahoma Workers’ Compensation Code is adopted. Most of the old provisions have been retained, but the numbering is new and the subsections have been shuffled. For example §3 (Definitions) of the Act is now §308 of the Code.
Tish Sommer, Special Counsel of the Oklahoma Workers’…
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Often quoted by the Tulsa World and Daily Oklahoman…
The Supreme Court of South Carolina held that a worker’s injuries occurred within the course and scope of his employment where the migrant worker sustained a right ankle fracture when he fell on a wet sidewalk outside housing provided by his employer at a remote tomato farm. The housing was supplied to the worker at no charge,…
In Oklahoma workers’ compensation reports from independent medical examiners are prepared by physicians who are either court-appointed or hired by one of the parties. The rules for drafting a competent report that will not only be admissible in Court, but also be credible on the issues to be decided, are at first glance hazy and…
While making a run a truck driver violently gags on a piece of breakfast sausage and ruptures a cervical disc. Compensable? Arising out of employment? Yes for injuries occurring prior to 1986; no for injuries occurring from 1986 to July 1, 2005; for later injuries, what do you think?Prior to the 1986 amendments to the…
The 2005 amendments to the Oklahoma Workers’ Compensation Act excluded recreational and social activities from the definition of injury. “Compensable injury” shall not include . . . injury incurred while engaging in, performing or as the result of engaging in or performing any recreational or social activities. 85 O.S. §3(13)(d), effective July 1, 2005.
Recreational…
Oklahoma’s 2005 amendments to the Workers’ Compensation Act included a shortened period of time for terminated workers to file claims. Normally an injured employee must file a claim within two years of the date of injury or the date of last payment of compensation or medical benefits. Otherwise, the claim is barred; and benefits will…
According to NCCI claim frequency decreased in 2009 by 4.0% from 2008 (last year the annual decline was 3.4%). This continues a twenty-year downward trend that is expected to extend into 2010. You can read the full research report on its website, www.ncci.com.
Much of the reason for the current decline is the weakness…
Tolling the limitation period of 85 O.S. §43(C) by timely reopening a claim for one adjudicated body part does not toll the limitations for other adjudicated body parts. Shapiro v. City Beverage Co. LLC, 2010 OK CIV APP 88, __ P.3d __.
Mark Shapiro sustained a work-related injury to his neck and low back. At all relevant…
Oklahoma Gov. Brad Henry appointed two Tulsa attorneys to the Workers’ Compensation Court. David Reid succeeds Judge Mary Black, and Owen Evans will take my place on the Court. Let us all offer our congratulations and best wishes to both. They are seasoned lawyers who will hit the ground running.
For now, I plan to…
