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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2217 By: Deck
AS INTRODUCED
An Act relating to workers' compensation; amending
85A O.S. 2021, Sections 45 and 82, which relate to
vocational and rehabilitation training; providing for
payment of benefits during certain retraining or job
placement period; providing benefits additional to
other workers' compensation benefits; providing for
continuation of benefits upon certain findings;
requiring evidentiary support; providing for updates;
authorizing request for discontinuance; prohibiting
termination of benefits without action by Commission;
providing for permanent cessation of benefits under
certain circumstances; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, Section 45, is
amended to read as follows:
Section 45. A. Temporary Total Disability.
1. If the injured employee is temporarily unable to perform his
or her job or any alternative work offered by the employer, he or
she shall be entitled to receive compensation equal to seventy
percent (70%) of the injured employee's average weekly wage, but not
to exceed the state average weekly wage, for one hundred fifty-six
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(156) weeks. Provided, there shall be no payment for the first
three (3) days of the initial period of temporary total disability.
If an administrative law judge finds that a consequential injury has
occurred and that additional time is needed to reach maximum medical
improvement, temporary total disability may continue for a period of
not more than an additional fifty-two (52) weeks. Such finding
shall be based upon a showing of medical necessity by clear and
convincing evidence. An employer shall have the right to recover
any overpayment of temporary total disability payments from a
subsequent permanent partial disability award if the offset is
deemed justified by the Workers' Compensation Commission.
2. When the injured employee is released from active medical
treatment by the treating physician for all body parts found by the
Commission to be injured, or in the event that the employee, without
a valid excuse, misses three consecutive medical treatment
appointments, fails to comply with medical orders of the treating
physician, or otherwise abandons medical care, the employer shall be
entitled to terminate temporary total disability by notifying the
employee, or if represented, his or her counsel. If, however, an
objection to the termination is filed by the employee within ten
(10) days of termination, the Commission shall set the matter within
twenty (20) days for a determination if temporary total disability
compensation shall be reinstated. The temporary total disability
shall remain terminated until such time as the employee complies
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with medical orders of the treating physician. Notwithstanding the
provisions of this paragraph, benefits under this subsection shall
be permanently terminated by order of the Commission if the employee
is noncompliant or abandons treatment for sixty (60) days, or if
benefits under this subsection have been suspended under this
paragraph at least two times. The administrative law judge may
appoint an independent medical examiner to determine if further
medical treatment is reasonable and necessary. The independent
medical examiner shall not provide treatment to the injured worker,
unless agreed upon by the parties.
B. Temporary Partial Disability.
1. If the injured employee is temporarily unable to perform his
or her job, but may perform alternative work offered by the
employer, he or she shall be entitled to receive compensation equal
to seventy percent (70%) of the difference between the injured
employee's average weekly wage before the injury and his or her
weekly wage for performing alternative work after the injury, but
only if his or her weekly wage for performing the alternative work
is less than the temporary total disability rate. The injured
employee's actual earnings plus temporary partial disability
compensation shall not exceed the temporary total disability rate.
2. Compensation under this subsection may not exceed fifty-two
(52) weeks.
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3. If the employee refuses to perform the alternative work
offered by the employee, he or she shall not be entitled to benefits
under subsection A of this section or under this section.
C. Permanent Partial Disability.
1. A permanent partial disability award or combination of
awards granted an injured worker may not exceed a permanent partial
disability rating of one hundred percent (100%) to any body part or
to the body as a whole. The determination of permanent partial
disability shall be the responsibility of the Commission through its
administrative law judges. Any claim by an employee for
compensation for permanent partial disability must be supported by
competent medical testimony of a medical doctor, osteopathic
physician, or chiropractor, and shall be supported by objective
medical findings, as defined in this act. The opinion of the
physician shall include employee's percentage of permanent partial
disability and whether or not the disability is job-related and
caused by the accidental injury or occupational disease. A
physician's opinion of the nature and extent of permanent partial
disability to parts of the body other than scheduled members must be
based solely on criteria established by the Sixth Edition of the
American Medical Association's "Guides to the Evaluation of
Permanent Impairment". A copy of any written evaluation shall be
sent to both parties within seven (7) days of issuance. Medical
opinions addressing compensability and permanent disability must be
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stated within a reasonable degree of medical certainty. Any party
may submit the report of an evaluating physician.
2. Permanent partial disability shall not be allowed to a part
of the body for which no medical treatment has been received. A
determination of permanent partial disability made by the Commission
or administrative law judge which is not supported by objective
medical findings provided by a treating physician who is a medical
doctor, doctor of osteopathy, chiropractor or a qualified
independent medical examiner shall be considered an abuse of
discretion.
3. The examining physician shall not deviate from the Guides
except as may be specifically provided for in the Guides.
4. In cases of permanent partial disability, the compensation
shall be seventy percent (70%) of the employee's average weekly
wage, not to exceed Three Hundred Fifty Dollars ($350.00) per week
which shall increase to Three Hundred Sixty Dollars ($360.00) per
week on July 1, 2021, for a term not to exceed a total of three
hundred sixty (360) weeks for the body as a whole.
5. Assessments pursuant to Sections 31, 98 and 122 of this
title shall be calculated based upon the amount of the permanent
partial disability award.
6. Previous Disability: The fact that an employee has suffered
previous disability or received compensation therefor shall not
preclude the employee from compensation for a later accidental
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personal injury or occupational disease. In the event there exists
a previous permanent partial disability, including a previous non-
work-related injury or condition which produced permanent partial
disability and the same is aggravated or accelerated by an
accidental personal injury or occupational disease, compensation for
permanent partial disability shall be only for such amount as was
caused by such accidental personal injury or occupational disease
and no additional compensation shall be allowed for the preexisting
disability or impairment. Any such reduction shall not apply to
temporary total disability, nor shall it apply to compensation for
medical treatment.
If workers' compensation benefits have previously been awarded
through settlement or judicial or administrative determination in
Oklahoma, the percentage basis of the prior settlement or award
shall conclusively establish the amount of permanent partial
disability determined to be preexisting. If workers' compensation
benefits have not previously been awarded through settlement or
judicial or administrative determination in Oklahoma, the amount of
preexisting permanent partial disability shall be established by
competent evidence and determined by the Commission.
7. No payments on any permanent partial disability order shall
begin until payments on any preexisting permanent partial disability
orders have been completed.
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8. The whole body shall represent a maximum of three hundred
sixty (360) weeks.
9. The permanent partial disability rate of compensation for
amputation or permanent total loss of use of a scheduled member
specified in Section 46 of this title shall be seventy percent (70%)
of the employee's average weekly wage, not to exceed Three Hundred
Fifty Dollars ($350.00), with an increase to Three Hundred Sixty
Dollars ($360.00) on July 1, 2021, multiplied by the number of weeks
set forth for the member in Section 46 of this title, regardless of
whether the injured employee is able to return to his or her pre-
injury or equivalent job.
10. An injured employee who is eligible for permanent partial
disability under this subsection shall be entitled to receive
vocational rehabilitation services provided by a technology center
or public secondary school offering vocational-technical education
courses, or a member institution of The Oklahoma State System of
Higher Education, which shall include retraining and job placement
to restore the employee to gainful employment. Vocational
rehabilitation services or training shall not extend for a period of
more than fifty-two (52) weeks.
D. Permanent Total Disability.
1. In case of total disability adjudged to be permanent,
seventy percent (70%) of the employee's average weekly wages, but
not in excess of the state's average weekly wage, shall be paid to
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the employee during the continuance of the disability until such
time as the employee reaches the age of maximum Social Security
retirement benefits or for a period of fifteen (15) years, whichever
is longer. In the event the claimant dies of causes unrelated to
the injury or illness, benefits shall cease on the date of death.
Provided, however, any person entitled to revive the action shall
receive a one-time lump-sum payment equal to twenty-six (26) weeks
of weekly benefits for permanent total disability awarded the
claimant. If more than one person is entitled to revive the claim,
the lump-sum payment shall be evenly divided between or among such
persons. In the event the Commission awards both permanent partial
disability and permanent total disability benefits, the permanent
total disability award shall not be due until the permanent partial
disability award is paid in full. If otherwise qualified according
to the provisions of this act, permanent total disability benefits
may be awarded to an employee who has exhausted the maximum period
of temporary total disability even though the employee has not
reached maximum medical improvement.
2. The Workers' Compensation Commission shall annually review
the status of any employee receiving benefits for permanent total
disability against the last employer. The Commission shall require
the employee to annually file an affidavit under penalty of perjury
stating that he or she is not and has not been gainfully employed
and is not capable of gainful employment. Failure to file such
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affidavit shall result in suspension of benefits; provided, however,
reinstatement of benefits may occur after proper hearing before the
Commission.
E. 1. The Workers' Compensation Commission may hire or
contract for a Vocational Rehabilitation Director to oversee the
vocational rehabilitation program of the Commission.
2. Upon the request of either party, an administrative law
judge shall determine if it is appropriate for a claimant to receive
vocational rehabilitation training or services. If appropriate, the
administrative law judge shall refer the employee to a qualified
expert for evaluation of the practicability of, need for and kind of
rehabilitation services or training necessary and appropriate in
order to restore the employee to gainful employment. The cost of
the evaluation shall be paid by the employer.
3. Upon receipt of such report, and after affording all parties
an opportunity to be heard, the administrative law judge shall order
that any rehabilitation services or training, recommended in the
report, or such other rehabilitation services or training as the
administrative law judge may deem necessary, provided the employee
elects to receive such services, shall be provided at the expense of
the employer. Except as otherwise provided in this subsection,
refusal to accept rehabilitation services by the employee shall in
no way diminish any benefits allowable to an employee.
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4. The administrative law judge may order vocational
rehabilitation before the injured employee reaches maximum medical
improvement, if the treating physician believes that it is likely
that the employee's injury will prevent the employee from returning
to his or her former employment. In granting early benefits for
vocational rehabilitation, the Commission shall consider temporary
restrictions and the likelihood that such rehabilitation will return
the employee to gainful employment earlier than if such benefits are
granted after the permanent partial disability hearing in the claim.
5. Vocational rehabilitation services or training shall not
extend for a period of more than fifty-two (52) weeks. This period
may be extended for an additional fifty-two (52) weeks or portion
thereof by special order of the Commission, after affording the
interested parties an opportunity to be heard. A request for
vocational rehabilitation services or training shall be filed with
the Commission by an interested party not later than sixty (60) days
from the date of receiving permanent disability that prevents the
injured employee from returning to his or her pre-injury or
equivalent position.
6. If rehabilitation requires residence at or near the facility
or institution which is away from the employee's customary
residence, reasonable cost of the employee's board, lodging, travel,
tuition, books and necessary equipment in training shall be paid for
by the insurer in addition to weekly compensation benefits to which
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the employee is otherwise entitled under the Administrative Workers'
Compensation Act.
7. During the period when an employee is actively and in good
faith being evaluated or participating in a retraining or job
placement program for purposes of evaluating permanent total
disability status, with the purpose and intention to return the
employee to substantial gainful employment and being monitored by a
qualified vocational expert from the Commission IME list, the
employee shall be entitled to receive benefits at the same rate as
the employee's temporary total disability benefits for an additional
fifty-two (52) weeks. Temporary total disability benefits are not
to exceed fifty-two (52) weeks for the duration the employee is
actively being evaluated for and/or participating in the program.
This benefit is in addition to the statutory maximums of paragraph 1
of subsection A of this section. If an administrative law judge
finds that an additional fifty-two (52) weeks of vocational
rehabilitation is necessary to restore the employee to substantial
gainful employment, benefits would continue under the same
provisions as the initial fifty-two (52) weeks. Continuation of
benefits shall be based upon a showing of active participation in
the program by clear and convincing evidence provided by the
vocational expert. The vocational expert shall submit regular
updates to the parties outlining the employee's participation in the
authorized vocational rehabilitation services. Updates for review
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are required to be submitted at least every thirteen (13) weeks.
Benefits are to conclude upon completion of any approved vocational
rehabilitation option. Any party may file a request to discontinue
benefits for noncompliance at any point during the vocational
rehabilitation period. Benefits shall not be terminated without an
order of the Commission after a hearing on the record. The
temporary total disability shall remain terminated until such time
as the employee complies with recommendations of the qualified
vocational expert. Notwithstanding the provisions of this
paragraph, benefits under this subsection shall be permanently
terminated by order of the Commission after a hearing on the record
if the employee is noncompliant, abandons participation in
vocational rehabilitation services, or if benefits under this
subsection have been suspended under this paragraph at least two
times.
All tuition related to vocational rehabilitation services shall
be paid by the employer or the employer's insurer on a periodic
basis directly to the facility providing the vocational
rehabilitation services or training to the employee.
F. Disfigurement.
1. If an injured employee incurs serious and permanent
disfigurement to any part of the body, the Commission may award
compensation to the injured employee in an amount not to exceed
Fifty Thousand Dollars ($50,000.00).
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2. No award for disfigurement shall be entered until twelve
(12) months after the injury unless the treating physician deems the
wound or incision to be fully healed.
3. An injured employee shall not be entitled to compensation
under this subsection if he or she receives an award for permanent
partial disability to the same part of the body.
G. Benefits for a single-event injury shall be determined by
the law in effect at the time of injury. Benefits for a cumulative
trauma injury or occupational disease or illness shall be determined
by the law in effect at the time the employee knew or reasonably
should have known that the injury, occupational disease or illness
was related to work activity. Benefits for death shall be
determined by the law in effect at the time of death.
SECTION 2. AMENDATORY 85A O.S. 2021, Section 82, is
amended to read as follows:
Section 82. A. 1. a. Each party shall be responsible for
its legal services and litigation expenses. Fees for
legal services may be reviewed by the Workers'
Compensation Commission.
b. An attorney representing an injured employee may only
recover attorney fees up to ten percent (10%) of any
temporary total disability or temporary partial
disability compensation and twenty percent (20%) of
any permanent partial disability, permanent total
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disability, or death compensation awarded to an
injured employee by the Commission from a controverted
claim. If the employer makes a written offer to
settle permanent partial disability, permanent total
disability, or death compensation and that offer is
rejected, the employee's attorney may not recover
attorney fees in excess of thirty percent (30%) of the
difference between the amount of any award and the
settlement offer.
(1) Attorney fees may not be collected for recovery
on noncontroverted claims.
(2) Attorney fees shall not be awarded on medical
benefits or services.
(3) The fee for legal services rendered by an
attorney representing an employee in connection
with a change of physician requested by the
injured employee, controverted by the employer,
and awarded by the Commission, shall be Two
Hundred Dollars ($200.00).
(4) Attorney fees may include not more than ten
percent (10%) of the value, or reasonable
estimate thereof, of vocational rehabilitation
services cost of the totality of vocational
rehabilitation services and the fees are to be
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paid by the employer or the employer's insurer
upon the employee's conclusion of vocational
rehabilitation services.
c. A "controverted claim" means that the employer or the
employer's insurance carrier has controverted whether
there has been a compensable injury or whether the
employee is entitled to temporary total disability,
temporary partial disability, permanent partial
disability, permanent total disability, or death
compensation. A request for a change in physician
shall not trigger a controverted claim for purposes of
recovering any attorney fees except the fees under
division 3 of subparagraph b of this paragraph. A
controverted claim shall not exist if the employee or
his or her representative has withheld pertinent
information in his or her possession related to the
claim from the employer or has violated the provisions
of Section 6 of this title.
2. In any case where attorney fees are allowed by the
Commission, the limitations expressed in subparagraph b of paragraph
1 of this subsection shall apply.
3. Medical providers may voluntarily contract with the attorney
for the employee to recover disputed charges, and the attorney may
charge a reasonable fee for the cost of collection.
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B. An attorney representing an employee under this act may not
recover fees for services except as expressly provided in this
section.
SECTION 3. This act shall become effective November 1, 2025.
60-1-11591 TKR 12/27/24