Workers' Compensation

How will my Workers’ Compensation benefits be affected if I file for bankruptcy?

How will my Workers’ Compensation benefits be affected if I file for bankruptcy?

If you have to file bankruptcy, your Workers’ Compensation benefits are safe from the claims of creditors and the bankruptcy trustee.

Oklahoma statute exempts all workers’ compensation benefits from all claims of creditors and from levy, execution or attachment or other remedy for recovery or collection of a debt. Workers’ Compensation benefits do not become an asset of the bankruptcy estate and can not be taken by the bankruptcy trustee.

Can my Workers’ Compensation benefits be garnished?

Are Oklahoma Workers’ Compensation proceeds paid to an injured worker entirely exempt from garnishment?

Claims for workers’ compensation or benefits due are completely exempt under 85 O.S. 2001 § 48, the exclusive statutory authority for exemptions under the Workers’ Compensation Act, except for valid liens or income assignments for child support.

See Strong v. Laubach, a 10th Circuit Court of Appeals case, in which the appellate court reversed the district court’s order limiting the available Oklahoma exemption for workers’ compensation proceeds to $50,000.

History of the Oklahoma Workers’ Compensation Court

From 1915 to 1959, Oklahoma’s workers’ compensation law was administered by the State Industrial Commission. Until 1939, three Commissioners were appointed by the Governor with the advice and consent of the Oklahoma State Senate to serve six-year terms. From 1939 to 1955, five Commissioners were appointed by the Governor with the advice and consent of the Senate for terms coinciding with the appointing Governor’s term. In 1955, in place of Commissioners, five Judges were appointed by the Governor with the advice and consent of the Senate. Terms were initially staggered, with six-year terms thereafter.

Under the 1915 workers’ compensation laws, the Governor was required to designate a “Chairman of the Commission”. This position was abolished in 1919, but was restored from 1939 until 1959, when the State Industrial Commission became the State Industrial Court. The Chairman’s position was then replaced with a Presiding Judge appointed by the Governor. The Governor designated the Presiding Judge until 1981, when the Judges of the Court were authorized to select a Presiding Judge from among their membership. The Court selected the Presiding Judge until 1986, when the Governor again became the appointing authority. The Presiding Judge serves a two-year term, and can serve no more than two terms in succession.

The State Industrial Court was recognized statutorily as a “Court of Record” on June 16, 1959, and received constitutional recognition as a “Court of Record” in 1967 when § 1 of Article 7 of the Oklahoma Constitution was adopted.

The State Industrial Court was replaced by a seven-judge Workers’ Compensation Court in 1978. The 1978 legislation also required the Governor to select judges from names submitted by the Judicial Nominating Commission which was created pursuant to § 3 of Article 7B of the Oklahoma Constitution.

The 1977 Workers’ Compensation Act created the position of “Administrator”. The judges of the Court determine the qualifications necessary for the job of Administrator. Pursuant to Title 85 O.S., § 1.3C, the Administrator is appointed by the Presiding Judge from a list submitted by the 5-member Special Workers’ Compensation Administrator Selection Committee.

The Court was expanded to eight Judges in 1981, to nine in 1985, and to ten on September 1, 1993. Since September 1992, whenever a vacancy on the Court occurs, the Judicial Nominating Commission submits to the Governor the names of three persons, in addition to the name of the incumbent judge, if any. H.B. 1002, § 54, effective November 4, 1994, provides that the Workers’ Compensation Court may hire Senior Justices and Judges, or Active Retired Judges under the provisions of Title 20, O.S. § 1104(B), to assist in the disposition of workers’ compensation cases.

Organization of the Oklahoma Workers’ Compensation Court

Here is an organizational chart of the Oklahoma Workers’ Compensation Court.

About the Oklahoma Workers’ Compensation Court

The Oklahoma Workers’ Compensation Court administers the Workers’ Compensation Act. The Court is vested with jurisdiction to determine claims for compensation, the liability of employers and insurers, and any rights asserted under the Act. The Court’s mission is to ensure fair and timely procedures for the informal and formal resolution of disputes and identify issues involving work-related injuries.

The Court is comprised of ten judges appointed by the Governor from nominees, including the incumbent judge, if any, presented by the Judicial Nominating Commission. Judges serve staggered six-year terms. A judge may be appointed to successive terms. A Presiding Judge is appointed by the Governor from among the Court’s judges to serve a two-year term.

Awards of the Court are final and conclusive unless appealed to a panel of three Workers’ Compensation Court judges unrelated to the case, or directly to the Supreme Court. An order of the three-judge panel may be appealed to the Supreme Court.

The chief administrative officer of the court is an Administrator who, until 2005, was appointed by the Presiding Judge from a list submitted by a five-member selection committee. Thereafter, a vacancy in the position is subject to gubernatorial appointment for a six-year term.  The Administrator supervises all departments of the Court including Docketing, Order Writing, Data Processing, Records, Medical Services, Insurance, Counselors, Form 3 Processing, and the Court Clerk’s Office.

Oklahoma Workers’ Compensation Court Web Site

This Oklahoma Workers’ Compensation Lawyer Blog makes frequent reference to the Oklahoma Workers’ Compensation Court. The Court maintains its own web site which, in addition to this blog, can be a helpful resource concerning Oklahoma workers’ compensation law.

While most of the material on the Court’s web site is geared toward lawyers, insurance companies and employers, much of the information can be useful for injured workers. For example, one area of the web site contains general information concerning the Court, its organization, and hours of operation. Another area includes information related to public hearing meeting notices. Another area contains the official forms that employers, insurers and claimant’s lawyers must use.

Oklahoma Workers’ Compensation Attorney

Every day in Oklahoma sees workers injured on-the-job. Many of those injured workers do not realize that the Oklahoma Workers’ Compensation laws provide them valuable rights.

When an Oklahoma employee suffers an on-the-job injury, the employer or its Workers’ Compensation insurance carrier is responsible for providing and paying for prompt medical treatment. This means all medical treatment that is reasonable and necessary, including x-rays and MRIs, physical therapy, surgery, rehabilitation, and medication.

If an injured worker must travel out of town for medical treatment, he must be paid for each mile traveled. The current reimbursment rate is 58.5 cents per mile.

In addition, if an injured worker is unable to work because he is under the care of a doctor, that worker is entitled to draw “temporary total disability”(TTD) payments in an amount equal to 70% of the average weekly wage of the employee, up to a maximum of $528.00 per week. Once the worker has been released to return to work, even if it is light duty, the obligation to pay TTD comes to an end.

If an injured worker is unable to return to the same type of work after he has been released by the doctor, then the employee may be entitled to vocational rehabilitation and training.

Oklahoma law requires that an injured employee must either notify his employer of the injury within thirty (30) days of the date of injury or must seek medical treatment within thirty (30) days of the date of injury to have a valid claim. Failure to give notice or seek medical treatment within the time allowed may result in the claim being denied.

A claim must be filed with Workers’ Compensation Court within two years of the date of injury.

If you or a loved one has suffered an on-the-job injury, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

New Oklahoma Workers’ Compensation Judges Appointed By Governor Brad Henry

Three new judges and an incumbent were recently appointed by Governor Brad Henry to serve six year terms on the Oklahoma Workers’ Compensation Court. The court is made up of 10 judges appointed by the governor from nominees presented by the Judicial Nominating Commission.

  • Sitting Judge Michael J. Harkey of Oklahoma City was reappointed.
  • William R. Foster of Norman, a judicial clerk with the Oklahoma Court of Criminal Appeals was appointed to replace Judge Richard Blanchard.
  • Robert L. Grove of Oklahoma City, a Workers’ Compensation respondent’s attorney with CompSource was appointed to replace Judge Ellen Edwards.
  • Eric W. Quandt of Tulsa, an attorney in private practice, was appointed to replace Judge Kenton Fulton.

Is Workers’ Compensation insurance required of all Oklahoma employers?

By law, coverage is mandatory for all employers except: domestic or household employees where total payroll is less than $10,000 annually; agricultural or horticultural employees where total payroll is less than $100,000 annually; certain licensed real estate sales persons and brokers; and employees covered under Federal laws. Additional specific exemptions can be found in Sections 2.2 through 2.7 of Title 85 of the Oklahoma Statutes. Coverage for workers’ compensation can be obtained in three ways: by securing coverage from a private carrier licensed to provide workers’ compensation coverage in the state of Oklahoma; by securing coverage from CompSource Oklahoma; or by obtaining approval from the Court to self-insure against workers’ compensation liability.

If you or a loved one has suffered an on-the-job injury, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

Oklahoma Workers’ Compensation Lawyer

Oklahoma workers have a right to a safe work environment. If you’ve suffered an on the job injury, immediately notify your employer of your injury and request medical treatment. Your employer is required to carry workers’ compensation insurance coverage and should give you a workers’ compensation claim form to complete and return to him or her. You also should request your employer to provide immediate medical treatment

In some instances, legitimate workers’ compensation claims are denied by employers or their workers’ compensation insurance carriers. An employer or its workers’ compensation insurance carrier can claim you haven’t been injured, or that the injury you’ve suffered isn’t serious enough to qualify for workers’ compensation benefits. If this is the case, you may stand to lose critical benefits, such as medical treatment, disability payments, and job retraining.

If you or a loved one has suffered an on-the-job injury, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.