Okla. Stat. tit. 85A, § 85A-105

employees as witnesses - Solicitation of employment - Ex-parte

communication.

A. No employee of the Workers' Compensation Commission shall be

competent to testify on any matter concerning any information the

employee has received through the performance of the employee's

duties under the provisions of the Administrative Workers'

Compensation Act; provided, however, such provision shall not be

construed to prohibit testimony by an attorney of the Compliance

Division of the Commission or an investigator of the Division called

to provide testimony by the attorney.

B. The commissioners and employees of the Commission shall not

solicit employment for any attorney or physician nor shall they

recommend or refer any claimant or employer to an attorney or

physician. If any employee of the Commission makes such a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 120

solicitation, recommendation or reference, that person, upon

conviction, shall be guilty of a misdemeanor punishable, for each

offense, by a fine of not more than One Thousand Dollars ($1,000.00)

or by imprisonment in the county jail not to exceed one (1) year, or

by both such fine and imprisonment. The Commission shall

immediately terminate the employment of any employee who is guilty

of such solicitation, recommendation or reference. A commissioner

guilty of such solicitation, recommendation or reference shall be

subject to removal from office.

C. No administrative law judge shall engage in any ex parte

communication with any party to an action pending before the

Commission or with any witness or medical provider regarding the

merits of a specific matter pending before the judge for resolution.

Any violation of this provision shall subject the judge to

disqualification from the action or matter upon presentation of an

application for disqualification.