Section 400 - [Effective 7/1/2024] Workers' Compensation CourtA. The Workers' Compensation Court of Existing Claims (CEC) shall have exclusive jurisdiction over all disputes relating to claims that arise before February 1, 2014. B. Effective July 1, 2024, the Workers' Compensation Court of Existing Claims shall consist of one judge to be appointed by the Chief Justice of the Supreme Court from a list of retired judges on a rotational basis. An active retired judge appointed to serve as a CEC trial judge may receive per diem and travel reimbursement as authorized by subsection F of Section 1104B of Title 20 of the Oklahoma Statutes. A judge serving on the CEC Division of the Court of Civil Appeals shall receive no additional compensation other than the compensation provided by law. C.1. Effective July 1, 2024, the position of the Administrator of the Court of Existing Claims shall terminate. All administrative duties of the CEC shall be transferred to the Oklahoma Workers' Compensation Commission including docketing, filing, preparation of appellate records, preparation of orders, and all other duties previously performed by the Administrator and the court clerk of the CEC. The Commission shall provide the use of a courtroom to the CEC judge to conduct hearings on claims for compensation and other proceedings.
2. All judicial functions of the CEC shall remain under the authority of the Supreme Court. The Administrative Director of the Courts shall assist the Commission with the transfer of any duties determined to be judicial functions.The Director shall contract with the Commission to provide support services or personnel needs necessary to carry out the purposes of the CEC and shall supervise the work of any such personnel as necessary to maintain the CEC as a court of record. The Director shall assist the CEC trial judge and the CEC Division of the Court of Civil Appeals as needed and may expend funds for personnel, contracts for court reporting, and other support services.
D. The Commission shall maintain the case management and records information technology system of the CEC as part of the system of the Commission and such system shall be utilized by the CEC trial judge. The Commission shall be entitled to any fees generated for the retrieval of such data. The Director shall enter into an agreement with the Commission for the CEC to share in the cost for annual maintenance attributed to case management, docketing, and recordkeeping on behalf of the CEC.E. The non-CEC case management system, docketing, appellate records, and other records maintained in the normal course of business of the Court of Civil Appeals shall remain with the Oklahoma Court Information System (OCIS) of the Supreme Court. The Director may contract and expend funds as needed to modify the OCIS to support the CEC trial judge and the CEC Division of the Court of Civil Appeals.F. The CEC shall operate by the rules adopted by the Workers' Compensation Court prior to February 1, 2014. The CEC Division of the Court of Civil Appeals shall adopt rules of practice and procedure for appeals to the CEC Division.G. The CEC shall continue as a court of record, with respect to any matter within the limits of its jurisdiction. Any party to a hearing on a claim for compensation before the CEC trial judge or the CEC Division shall be entitled to the services of a court reporter. The cost of transcripts shall be borne by the requesting party unless otherwise determined by order of the CEC trial judge.H. The Director shall contract with the Commission for office and courtroom space for the CEC trial judge.The CEC trial judge may hold hearings and other proceedings in facilities provided by the Director or the Commission.
I.1. The CEC trial judge shall be vested with jurisdiction over all claims filed pursuant to the Workers' Compensation Code or previous statute in effect on the date of an injury that occurred before February 1, 2014. All claims so filed shall be heard by the judge sitting without a jury. The CEC trial judge shall have full power and authority to determine all questions in relation to payment of claims for compensation under the provisions of the Workers' Compensation Code or previous statute in effect on the date of an injury that occurred before February 1, 2014.2. The Commission shall coordinate with the Director to schedule a docket for hearings on claims for compensation and other proceedings requested by either party, including all cases pending on the effective date of this act. Hearings on claims for compensation and other proceedings may be conducted in person or remotely at the discretion of the CEC trial judge. The CEC trial judge may conduct other proceedings on preliminary or supplemental matters as needed. If any claim or proceeding is assigned to the Commission by the CEC trial judge for a preliminary review, the chair of the Commission may assign the matter to any Commission administrative law judge (ALJ), or other hearing officer. Any party may present evidence and be represented by counsel before the CEC trial judge, the ALJ, or other hearing officer. 3. Upon receipt of the recommendation of the ALJ or other hearing officer, any party may request a de novo rehearing with the CEC trial judge or may waive the rehearing. If both parties waive the rehearing, any recommendation by the ALJ or other hearing officer shall not become a final determination until approved by order of the CEC trial judge. Only the final order based upon the decision of the CEC trial judge shall be appealable.4. The decision of the CEC trial judge shall be final as to all questions of fact and law; provided, the decision of the CEC trial judge may be appealed to the CEC Division of the Court of Civil Appeals within ten (10) days or the Supreme Court as provided by the Workers' Compensation Code or previous statute in effect on the date of an injury that occurred before February 1, 2014. The Commission shall coordinate with the Director to schedule a docket for hearings on appeals to the CEC Division of the Court of Civil Appeals, including all cases pending on the effective date of this act. The parties may appeal a decision of the CEC Division to the Supreme Court as provided by the Supreme Court rules in the same manner as from the three-judge en banc panel. The decision of the CEC trial judge shall be issued within thirty (30) days following the submission of the case by the parties. The power and jurisdiction of the CEC trial judge over each case shall be continuing and he or she may, from time to time, make such modifications or changes with respect to former findings or orders relating thereto if, in his or her opinion, it may be justified.J. For an injury occurring before February 1, 2014, all benefits and procedures to obtain benefits shall be determined by the workers' compensation law of this state in effect on the date of the injury.K. All accrued rights and penalties incurred pursuant to a final order of the CEC trial judge shall be preserved. No accrued right, penalty incurred, or proceeding begun by virtue of a statute repealed by this act shall be abrogated by the terms of this act.L.1. On or before July 1 of each year, the Administrator of the Commission shall prepare and electronically submit a report for the prior calendar year to the Governor, the Chief Justice of the Supreme Court, the President Pro Tempore of the Senate and the Speaker of the House of Representatives which shall include a statement of the number of awards made and the causes of the accidents leading to the injuries for which the awards were made, total work load data of the CEC trial judge, a detailed statement of the expenses of the Commission for all administrative duties performed on behalf of the CEC, together with any other matter which the Commission deems proper to report to the Governor including any recommendations he or she may desire to make.2. On or before July 1 of each year, the Director shall electronically submit to the officials listed in paragraph 1 of this subsection a report for the prior calendar year which shall include the total workload of the CEC Division of the Court of Civil Appeals and a detailed statement of expenses incurred because of three-judge en banc panel appeals.M. Subject to the availability of funds, the Director may enter into a contract to employ one part-time attorney to assist parties without representation with duties and assignments to be determined by the CEC trial judge and Director.Okla. Stat. tit. 85A, § 400
Amended by Laws 2024, c. 279,s. 3, eff. 7/1/2024.Amended by Laws 2021 , c. 570, s. 2, eff. 5/28/2021.Amended by Laws 2019 , c. 476, s. 56, eff. 5/28/2019.Added by Laws 2013 , c. 208, s. 169, eff. 2/1/2014.This section is set out more than once due to postponed, multiple, or conflicting amendments.