Okla. Stat. tit. 85A, § 85A-400

A. 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

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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
termined 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

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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
njury.

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.

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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.