Okla. Stat. tit. 85A, § 85A-307
This is the official text of Okla. Stat. tit. 85A, § 85A-307, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Refusal to arbitrate
Official statutory text
A. On application and motion of a person showing an agreement
to arbitrate and alleging another person's refusal to arbitrate
under the agreement:
1. If the refusing party does not appear or does not oppose the
motion, the Workers' Compensation Commission shall order the parties
to arbitrate; and
2. If the refusing party opposes the motion, the Commission
shall proceed summarily to decide the issue and order the parties to
arbitrate unless it finds that there is no enforceable agreement to
arbitrate. The Commission may also assess costs against the party
opposing the motion if it concludes the opposition was not brought
in good faith to be deposited in the Workers' Compensation
Commission Revolving Fund created in Section 28.1 of this title.
B. On motion of a person alleging that an arbitration
proceeding has been initiated or threatened but that there is no
agreement to arbitrate, the Commission shall proceed summarily to
decide the issue. If the Commission finds that there is an
enforceable agreement to arbitrate, it shall order the parties to
arbitrate. The Commission may also assess costs against the party
opposing the motion if the Commission concludes the opposition was
not brought in good faith to be deposited in the Workers'
Compensation Fund created by the Administrative Workers'
Compensation Act.
C. If the Commission finds that the parties have not entered
into an enforceable arbitration agreement, the dispute shall be
resolved under the Administrative Workers' Compensation Act.
D. If an action is initiated in district court to determine
whether an enforceable arbitration agreement exists, on motion by
Oklahoma Statutes - Title 85A. Workers' Compensation Page 143
the responding party, that proceeding shall be transferred to the
Commission for determination.
E. If a party challenges the enforceability of an arbitration
agreement, the underlying claim, including all benefits, shall be
stayed until the Commission determines whether an enforceable
arbitration agreement exists.
to arbitrate and alleging another person's refusal to arbitrate
under the agreement:
1. If the refusing party does not appear or does not oppose the
motion, the Workers' Compensation Commission shall order the parties
to arbitrate; and
2. If the refusing party opposes the motion, the Commission
shall proceed summarily to decide the issue and order the parties to
arbitrate unless it finds that there is no enforceable agreement to
arbitrate. The Commission may also assess costs against the party
opposing the motion if it concludes the opposition was not brought
in good faith to be deposited in the Workers' Compensation
Commission Revolving Fund created in Section 28.1 of this title.
B. On motion of a person alleging that an arbitration
proceeding has been initiated or threatened but that there is no
agreement to arbitrate, the Commission shall proceed summarily to
decide the issue. If the Commission finds that there is an
enforceable agreement to arbitrate, it shall order the parties to
arbitrate. The Commission may also assess costs against the party
opposing the motion if the Commission concludes the opposition was
not brought in good faith to be deposited in the Workers'
Compensation Fund created by the Administrative Workers'
Compensation Act.
C. If the Commission finds that the parties have not entered
into an enforceable arbitration agreement, the dispute shall be
resolved under the Administrative Workers' Compensation Act.
D. If an action is initiated in district court to determine
whether an enforceable arbitration agreement exists, on motion by
Oklahoma Statutes - Title 85A. Workers' Compensation Page 143
the responding party, that proceeding shall be transferred to the
Commission for determination.
E. If a party challenges the enforceability of an arbitration
agreement, the underlying claim, including all benefits, shall be
stayed until the Commission determines whether an enforceable
arbitration agreement exists.
Status: in_force · Read it on the official government site
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