REGULATORY ACTIVITY:

• Commission Rule 810:10-1-11 requires each insurance carrier to designate a single agent for service of notice by filing a Designation of Service Agent (CC-Form-7) with the Commission.  In some instances, the most current designated service agent information with the Commission has become outdated, resulting in default orders being issued against respondents.  This notice serves as a reminder to all carriers, designated service agents, and respondent attorneys of the obligation under the cited rule to keep this information current so that carriers may promptly notify their counsel to appear before the Commission and avoid unnecessary delay and/or default.  A CC-Form-7 is attached for reference to the notice email you received. To view this notice, go to https://www.ok.gov/wcc/Legal/Alerts/index.html.   To view the form, go to https://www.ok.gov/wcc/Forms/index.html.

REGULATORY ACTIVITY:

• Posted notice of the Sixth Annual Oklahoma Workers' Compensation Educational Conference.  The conference will be held on October 3-4, 2019.  Registration will open on July 1, 2019.  To view information regarding the notice, go to https://www.ok.gov/wcc/.
• Commission Rule 810:10-1-11 requires each insurance carrier to designate a single agent for service of notice by filing a Designation of Service Agent (CC-Form-7) with the Commission.  In some instances, the most current designated service agent information with the Commission has become outdated, resulting in default orders being issued against respondents.  This notice serves as a reminder to all carriers, designated service agents, and respondent attorneys of the obligation under the cited rule to keep this information current so that carriers may promptly notify their counsel to appear before the Commission and avoid unnecessary delay and/or default. It is also available on the Commission’s website at: https://www.ok.gov/wcc/documents/4-12-16%20CC%20Form%207.pdf

LEGISLATIVE ACTIONS:

• Senate Bill 274

The enacted legislation reduces the balance of the Self-insurance Guaranty Fund at which the Workers’ Compensation Commission may levy an assessment against each private self-insurer and group self-insurance association from below $2 million to below $750,000. The measure increases the maximum assessment rate from 1% to 2% of actual paid losses of the preceding calendar year. Effective Date November 1, 2019.

REGULATORY ACTIVITY:

• The Workers' Compensation Commission is considering amendments to its administrative rules. The Notices of Rulemaking Intent, Rule Impact Statements, and Proposed Permanent Rules are available on the Commission's website at https://ok.gov/wcc/Legal/Governing_Documents_/index.html. If you would like to submit comments to the commission regarding the proposed rules, you may email them to rules@wcc.ok.gov through February 15, 2019. A public hearing will be held at 2:30 p.m., Friday, March 1, 2019, in Commission Chambers on the 2nd floor of the Denver Davison Building, Oklahoma City, OK. Interested parties must sign in at the door. 

FEE SCHEDULE NEWS:

• New DMEPOS and Ambulance rates in accordance with CMS have been adopted with an effective date of January 1, 2019.

REGULATORY ACTIVITY:

• Effective January 1, 2019, the Internal Revenue Service has announced an increase in the mileage reimbursement rate from $.545 to $.58 per mile. (See IR-2018-251, Issued 12/14/2018).  The new rate applies to mileage incurred on or after January 1, 2019.

REGULATORY ACTIVITY:

• Title 85A sets the maximum compensation benefit rates based on a percentage of the state's average weekly wage reported to the Commission by the Oklahoma Employment Security Commission. After review of the definition of “state average weekly wage” in 85A O.S. §2, the Commission has determined that the Administrative Workers’ Compensation Act requires the new average weekly wage to become effective January 1, 2019, rather than November 1, 2018.  Accordingly, the new state average weekly wage and associated rates for temporary total disability, permanent total disability, and death benefits will become effective for injuries or illnesses arising during the period beginning January 1, 2019 and ending December 31, 2019. Due to an INCREASE in the state average weekly wage, the maximum compensation benefit rate for injury, illness or death will change as follows:
  • For temporary total disability, the maximum rate is $607.40 per week for injuries and illnesses arising during the period beginning January 1, 2019 and ending December 31, 2019. 85A O.S. Supp. 2013, §45(A).
  • For Permanent Total Disability (PTD) and Death, the maximum rate is $867.71 per week for work-related injury, illness or death occurring during the period beginning January 1, 2019 and ending December 31, 2019.  85A O.S. Supp. 2013, §45(D) regarding PTD, and 85A O.S. Supp. 2013, §47 regarding death.
  • For Permanent Partial Disability (PPD), the maximum compensation benefit rate remains unchanged at $323 per week for work-related injury and illness occurring on or after February 1, 2014.  See, 85A O.S. Supp. 2013, §45(C).

Look for revised benefit charts on the Commission’s website https://www.ok.gov/wcc/Legal/Benefit_Charts/index.html or contact the Workers’ Compensation Commission’s Counselor/Ombudsman Program for more information at 855-2913612 (in-state toll free) • 405-522-5308 (OKC) • Counselors@wcc.ok.gov (electronic mail). To view the notice, go to https://www.ok.gov/wcc/Legal/Alerts/index.html.

• The Workers' Compensation Commission is considering the revision of several forms, including the CC-Form 36A Affidavit of Exempt Status, Certificate to Joint Petition, Copier Charge Account Maintenance Form, and the Online Attorney Leave Request Form. The Commission is also considering the adoption of a new Online Attorney Mailing and Email Address Change Form. A copy of the proposed forms are available on the Commission's website at https://ok.gov/wcc/Legal/Governing_Documents_/index.html. If you would like to submit comments to the commission regarding the proposed rules, you may email them to rules@wcc.ok.gov through December 7, 2018. A public hearing will be held at 2:00 p.m., Friday, December 7, 2018, in Commission Chambers on the 2nd floor of the Denver Davison Building, Oklahoma City, OK. Interested parties must sign in at the door.

REGULATORY ACTIVITY:

• Reposted in the state register the emergency adoption of Title 810 Chapter 1, Chapter 10, and Chapter 25 of the workers' compensation commission's administrative rules. The emergency rules will remain in effect until September 14, 2019.  To view the rules, go to https://www.sos.ok.gov/oar/online/viewRegister.aspx?vol=35&num=24

REGULATORY ACTIVITY:

• Important Instructions: Click the Affidavit of Exempt Status button on the Oklahoma web site https://ok.gov/wcc/  to access the electronic affidavit form.  The form is listed under OTHER SERVICES on the Case OK website  https://caseok.wcc.ok.gov/public. Please note the Workers' Compensation Commission will not accept checks for the Affidavit of Exempt Status Fee.
• Published an alert pertaining to electronic data interchange.  Per Commission Rule 810:1-1-8, the Commission’s reporting scheme will shift to electronic data interchange (EDI) beginning September 1, 2018.  All reporting requirements will be defined by the aforementioned rule, the Commission’s EDI Implementation Guide, and the Commission’s IAIABC requirements tables, published at https:\\okwccedi.info.  As of September 1, the following paper forms will no longer be accepted:  CC-Form-2; CC-Form-4; CC-Form-2A; CC-Form-2A Extension. Impact of EDI on the Joint Petition Process: Parties looking to do unrepresented settlements will likely no longer be able to complete same-day filings in many instances, as the Commission’s vendor, ISO, will process a particular day’s filings no earlier than the next business day.  For this reason, it will be most convenient for parties looking to file joint petitions to ensure that a First Report of Injury (FROI) has already been filed at least one business day in advance of the intended settlement date, or to have the claimant complete a CC-Form-3, in order to perfect the settlement process. Trading Partner Registration: Many trading partners (i.e., those responsible for reporting) have chosen vendors to help them fulfill their reporting requirements, while others have registered independently as trading partners.  Any entity intending to file directly must register as a trading partner at https:\\okwccedi.info.  If contracting with a vendor, an employer or carrier still needs to register as a trading partner, but the vendor may be willing to assist in this process.  Any insurer/self-insurer using a TPA will not have to register, as the TPA should have registered on its behalf.  The separate trading partner agreement required by Oklahoma statute should be signed and returned to ISO by every trading partner, otherwise the trading partner agreement will be inactivated, and the trading partner will be unable to send transactions.  Any questions can be directed to me or to our EDI team at ISO.   ISO: okwccedi@iso.com

REGULATORY ACTIVITY:

• An alert was issued to inform that the Workers' Compensation Commission adopted emergency rules and forms pertaining to the Oklahoma Legislature's enactment of SB1249 (2018) creating the Affidavit of Exempt Status (in lieu of a Certificate of Noncoverage) and Cancellation of an Affidavit of Exempt Status. The proposed emergency rules and forms were posted on the Commission's website on June 12, 2018 and public comments were accepted through July 13, 2018.   After hearing public comments at a meeting on July 13, 2018, the Commission adopted the emergency rules and CC-Form 36C Cancellation of Affidavit of Exempt Status as proposed; adopted the CC-Form 36A Affidavit of Exempt Status as modified at the meeting; and repealed the CC-Form 36 Application for Certificate of Noncoverage. The adopted emergency rules will become effective upon approval by the Governor. The adopted CC-Form 36A and CC-Form 36C will become effective on August 2, 2018. The adopted emergency rules and forms are available to view on the Commission's website at https://ok.gov/wcc/Legal/Governing_Documents_/index.html.
• Published in the state Register the withdrawal for rules Title 810 Chapter 25 Subchapter 1 and Subchapter 5.  To view the notice of withdrawal, go to http://www.oar.state.ok.us/oar/codedoc02.nsf/frmMainOpenFrameSet&Frame=  Main&Src=_75tnm2shfcdnm8pb4dthj0chedppmcbq8dtmmak31   ctijujrgcln50ob7ckj42tbkdt374obdcli00

REGULATORY ACTIVITY:

• This alert is issued to inform that the Workers' Compensation Commission is in the process of promulgating emergency rules and forms pertaining to the Oklahoma Legislature's enactment of SB1249 (2018) creating the Affidavit of Exempt Status (in lieu of a Certificate of Noncoverage) and Cancellation of an Affidavit of Exempt Status.  If you would like to submit comments to the Commission regarding the proposed rules, you may email them to rules@wcc.ok.gov through July 13, 2018. A public hearing will be held at 3:30 p.m., Friday, July 13, 2018, in Commission Chambers on the 2nd floor of the Denver Davison Building, Oklahoma City, OK. Interested parties must sign in at the door. Thank you for your interest in the Commission's rulemaking process.  To view the proposed emergency rules, go to https://www.ok.gov/wcc/Legal/Governing_Documents_/index.html.

REGULATORY ACTIVITY:

• Posted a notice that the agency would begin using Skype for Deliberations.  (Oklahoma City, May 15, 2018) Oklahoma Workers’ Comp Commission (WCC): The Commissioners at the WCC have integrated the use of the video conferencing tool “Skype” for their appellate deliberations. This technology allows the three commissioners and their legal counsel to communicate between Oklahoma City and Tulsa without leaving their offices. The use of this technology is an effort to cut down on travel for key staff, and is a service provided by the Office of Management and Enterprise Services. This offers an alternative to driving between Tulsa and Oklahoma City for the Commission Appellate Counsel and the Commission Chairman Mark Liotta, for deliberations. To view the full notice go to https://ok.gov/wcc/About_the_Commission/News/index.html.
• In accordance with 85A O.S., § 31, the Multiple Injury Trust Fund (MITF) assessment rate to be charged for the four-quarter period of July 1, 2018 through June 30, 2019 shall be 6% of:
  • gross direct premiums written for workers’ compensation for risks located in this state (for insurance carriers),
  • normal premiums (for group self-insurance associations), or
  • actual paid losses (for individual self-insured employers).
• The Workers’ Compensation Commission determined the rate using a statutory formula that caps the rate at not to exceed 6%.  The formula involves dividing $790,152,816.37 (total sum of gross direct written premiums, normal premiums and actual paid losses reported by workers’ compensation payors for calendar year 2017) into $74,689,910.00 (MITF’s projected obligations for calendar year 2018).  Assessments are due on the 15th day of the month following the end of the calendar quarter and are based on the payor’s premiums or losses (as applicable) during the quarter.  The assessment reporting form may be accessed directly from the Oklahoma Tax Commission website at: https://www.ok.gov/tax/Forms_&_Publications/Forms/Workers_Compensation/.  To view the complete notice, go to https://www.ok.gov/wcc/Legal/Alerts/index.html.

LEGISLATIVE ACTIONS:

House Bill 2722

• The enacted legislation amends a definition within the Oklahoma Administrative Workers’ Compensation Act. The measure modifies the term "employee" to exclude any person who is employed in ranching by an employer who has a gross annual payroll in the preceding calendar years of less than $100,000 or any person employed in ranching that does not operate motorized machines.  The exemption of individuals employed in agricultural, ranching or horticulture jobs applies to any period of time for which the employment existed, even if the person is employed in other activities for which the exemption does not apply.  In these cases, the employer is only required to obtain workers’ compensation coverage for the period of time that the employee engages in nonexempt activities.   Effective Date November 1, 2018.

House Bill 2993

• The enacted legislation transfers excess proceeds from any security released to pay claims associated with an impaired self-insurer to the Self-Insurance Guaranty Fund. The Self-Insurance Guaranty Fund Board may then use these excess funds as a credit against the assessment required to be paid by each self-insurer and group self-insurer association.  Effective Date October 1, 2018.

Senate Bill 1249

• The enacted legislation allows individuals exempt from being covered under the Administrative Workers’ Compensation Act (AWCA) to execute an Affidavit of Exempt Status. Execution of the affidavit establishes a rebuttable presumption that the executor is not an employee for the purposes of the AWCA and therefore is not eligible to seek workers’ compensation benefits against any contractor that the individual does subcontracted work for. The Workers’ Compensation Commission is responsible to processing applications and may charge up to $50 per individual or business entity for filing an affidavit, which is valid for two years.  The measure also establishes penalties for knowingly providing false information on an executed affidavit which is a misdemeanor crime punishable by a fine up to $1000.  Effective Date August 13, 2018.