The Oklahoma Workers’ Compensation Act is repealed, and the Oklahoma Workers’ Compensation Code is adopted. Most of the old provisions have been retained, but the numbering is new and the subsections have been shuffled. For example §3 (Definitions) of the
Judge Tom Talks
Judge Tom Talks, published by Tom Leonard, focuses on workers' compensation law primarily within Oklahoma. The blog covers legislative changes, court rulings, and practical guidance related to workers' compensation claims, including topics such as statutory reforms, injury causation tests, medical examination report standards, and employer liability issues. It also addresses policy analysis relevant to state fiscal matters impacting workers' compensation and related legal frameworks. The content includes detailed discussions of case law, statutory interpretation, and procedural aspects affecting claimants, attorneys, and adjudicators in the workers' compensation system.
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The Bunkhouse Rule
The Supreme Court of South Carolina held that a worker’s injuries occurred within the course and scope of his employment where the migrant worker sustained a right ankle fracture when he fell on a wet sidewalk outside housing provided by his…
IME Report Writing
In Oklahoma workers’ compensation reports from independent medical examiners are prepared by physicians who are either court-appointed or hired by one of the parties. The rules for drafting a competent report that will not only be admissible in Court, but…
Rebirth of Positional Risk? You Make the Call.
While making a run a truck driver violently gags on a piece of breakfast sausage and ruptures a cervical disc. Compensable? Arising out of employment? Yes for injuries occurring prior to 1986; no for injuries occurring from 1986 to July…
Recreational Activities Are Not Compensable Under Oklahoma Law
The 2005 amendments to the Oklahoma Workers’ Compensation Act excluded recreational and social activities from the definition of injury. “Compensable injury” shall not include . . . injury incurred while engaging in, performing or as the result of engaging in or…
Six-Month Statute of Limitation Is Unconstitutional
Oklahoma’s 2005 amendments to the Workers’ Compensation Act included a shortened period of time for terminated workers to file claims. Normally an injured employee must file a claim within two years of the date of injury or the date of…
NCCI Reports Continuing Decline in Claim Frequency
According to NCCI claim frequency decreased in 2009 by 4.0% from 2008 (last year the annual decline was 3.4%). This continues a twenty-year downward trend that is expected to extend into 2010. You can read the full research report on…
Tolling Limitation for Reopening Claims
Tolling the limitation period of 85 O.S. §43(C) by timely reopening a claim for one adjudicated body part does not toll the limitations for other adjudicated body parts. Shapiro v. City Beverage Co. LLC, 2010 OK CIV APP 88, __ P.3d __.…
Congratulations to Owen Evans and David Reid
Oklahoma Gov. Brad Henry appointed two Tulsa attorneys to the Workers’ Compensation Court. David Reid succeeds Judge Mary Black, and Owen Evans will take my place on the Court. Let us all offer our congratulations and best wishes to both.…