New workers' compensation reform bill

 The Oklahoma House of Representatives this week passed a workers' compensation reform bill. HB 3897 was authored by Representative Chris Kannady, chairman of the House Judiciary Committee. The State Senate authors are Brent Howard, chairman of the Senate Judiciary Committee, and Roger Thompson, chairman of the Senate Appropriations Committee. The House passed the bill 90-3 but the title is stricken so any changes made in the Senate probably will end up being decided by a conference committee.

The legislation has no major surprises but there are good changes for both employers and injured workers. Here is a simplistic overview:

1. For cumulative trauma injuries, the old 90-day rule would be reinstated. The employer or carrier with the last 90 days of injurious exposure is liable for the claim. At present, employers from 10 years ago are being added to the claims. This would prevent several former employers spending money to defend a simple cumulative trauma claim.
2. Would eliminate a district court action based upon intentional tort, the old Parret cause of action. A worker's only remedy would be in workers' comp.
3. Removes any loss of earnings criteria from the definition of permanent partial disability.
4. Raises the maximum PPD rate to 40 % of the state's average weekly wage effective next January 1. At this year's state AWW, the increase would be to $381. The PPD rate would change each January 1 based upon the official state AWW.
5. Provides a $5,000 benefit to heirs of an unmarried and childless worker who is killed. This is a legislative response to the Supreme Court decision that allowed the parents of a worker killed on the job to pursue a district court action because there was no remedy in comp.
6. For travel reimbursement, a worker must submit mileage within 1 year of the date of travel or it is barred. The employer would have only 60 days to pay the travel. If not timely paid, the employer is subject to a penalty in the amount of 50 % of the mileage if a hearing is required.
7. Clarifies statute of limitation as one year from the date of injury....or six months from the payment of indemnity or date of service for medical treatment. The six months provision can extend the initial SOL as long as the employer or carrier provides, under workers' compensation, indemnity or medical care. Once the indemnity and medical care ends, the worker has six months to file a Form 3.
8. Allows an employer or carrier to request a change of condition for the better. That authority was in the WC Code but does not appear in the Administrative Workers' Compensation Act.
9. Would extend the Court of Existing Claims for five years to July 1, 2027. The CEC would continue with just one judge. The position would be filled by the judge serving when the reform bill becomes law.

 THE BILL IS NOW IN THE STATE SENATE.

Bob Burke, Attorney and Author

308 N.W. 13th Street, Suite 200B

Oklahoma City, OK 73103