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.
