Okla. Stat. tit. 85A, § 85A-45

- Permanent partial disability - Permanent total disability.

A. Temporary Total Disability.

1. If the injured employee is temporarily unable to perform his

or her job or any alternative work offered by the employer, he or

she shall be entitled to receive compensation equal to seventy

percent (70%) of the injured employee’s average weekly wage, but not

to exceed the state average weekly wage, for one hundred fifty-six

(156) weeks. Provided, there shall be no payment for the first

three (3) days of the initial period of temporary total disability.

If an administrative law judge finds that a consequential injury has

occurred and that additional time is needed to reach maximum medical

improvement, temporary total disability may continue for a period

not more than an additional fifty-two (52) weeks. Such finding

shall be based upon a showing of medical necessity by clear and

convincing evidence. An employer shall have the right to recover

any overpayment of temporary total disability payments from a

subsequent permanent partial disability award if the offset is

deemed justified by the Oklahoma Workers’ Compensation Commission.

2. When the injured employee is released from active medical

treatment by the treating physician for all body parts found by the

Commission to be injured, or in the event that the employee, without

a valid excuse, misses three consecutive medical treatment

appointments, fails to comply with medical orders of the treating

physician, or otherwise abandons medical care, the employer shall be

entitled to terminate temporary total disability by notifying the

employee, or if represented, his or her counsel. If, however, an

objection to the termination is filed by the employee within ten

(10) days of termination, the Commission shall set the matter within

twenty (20) days for a determination if temporary total disability

compensation shall be reinstated. The temporary total disability

shall remain terminated until such time as the employee complies

with medical orders of the treating physician. Notwithstanding the

provisions of this paragraph, benefits under this subsection shall

be permanently terminated by order of the Commission if the employee

is noncompliant or abandons treatment for sixty (60) days, or if

benefits under this subsection have been suspended under this

paragraph at least two times. The administrative law judge may

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appoint an independent medical examiner to determine if further

medical treatment is reasonable and necessary. The independent

medical examiner shall not provide treatment to the injured worker,

unless agreed upon by the parties.

B. Temporary Partial Disability.

1. If the injured employee is temporarily unable to perform his

or her job, but may perform alternative work offered by the

employer, he or she shall be entitled to receive compensation equal

to seventy percent (70%) of the difference between the injured

employee’s average weekly wage before the injury and his or her

weekly wage for performing alternative work after the injury, but

only if his or her weekly wage for performing the alternative work

is less than the temporary total disability rate. The injured

employee’s actual earnings plus temporary partial disability

compensation shall not exceed the temporary total disability rate.

2. Compensation under this subsection may not exceed fifty-two
s or her

weekly wage for performing alternative work after the injury, but

only if his or her weekly wage for performing the alternative work

is less than the temporary total disability rate. The injured

employee’s actual earnings plus temporary partial disability

compensation shall not exceed the temporary total disability rate.

2. Compensation under this subsection may not exceed fifty-two

(52) weeks.

3. If the employee refuses to perform the alternative work

offered by the employer, he or she shall not be entitled to benefits

under subsection A of this section or under this section.

C. Permanent Partial Disability.

1. A permanent partial disability award or combination of

awards granted to an injured worker may not exceed a permanent

partial disability rating of one hundred percent (100%) to any body

part or to the body as a whole. The determination of permanent

partial disability shall be the responsibility of the Commission

through its administrative law judges. Any claim by an employee for

compensation for permanent partial disability must be supported by

competent medical testimony of a medical doctor, osteopathic

physician, or chiropractor, and shall be supported by objective

medical findings, as defined in the Administrative Workers’

Compensation Act. The opinion of the physician shall include

employee’s percentage of permanent partial disability and whether or

not the disability is job-related and caused by the accidental

injury or occupational disease. A physician’s opinion of the nature

and extent of permanent partial disability to parts of the body

other than scheduled members must be based solely on criteria

established by the Sixth Edition of the American Medical

Association’s “Guides to the Evaluation of Permanent Impairment”. A

copy of any written evaluation shall be sent to both parties within

seven (7) days of issuance. Medical opinions addressing

compensability and permanent disability must be stated within a

reasonable degree of medical certainty. Any party may submit the

report of an evaluating physician.

2. Permanent partial disability shall not be allowed to a part

of the body for which no medical treatment has been received. A

determination of permanent partial disability made by the Commission

Oklahoma Statutes - Title 85A. Workers' Compensation Page 73

or administrative law judge which is not supported by objective

medical findings provided by a treating physician who is a medical

doctor, doctor of osteopathy, chiropractor or a qualified

independent medical examiner shall be considered an abuse of

discretion.

3. The examining physician shall not deviate from the Guides

except as may be specifically provided for in the Guides.

4. In cases of permanent partial disability, the compensation

shall be seventy percent (70%) of the employee’s average weekly

wage, not to exceed Three Hundred Sixty Dollars ($360.00) per week

which shall increase to Three Hundred Seventy-five Dollars ($375.00)

per week on July 1, 2025.

5. Assessments pursuant to Sections 31, 98 and 122 of this

title shall be calculated based upon the amount of the permanent

partial disability award.

6. Previous Disability: The fact that an employee has suffered

previous disability or received compensation therefor shall not

preclude the employee from compensation for a later accidental

personal injury or occupational disease. In the event there exists

a previous permanent partial disability, including a previous non-

work-related injury or condition which produced permanent partial

disability and the same is aggravated or accelerated by an

accidental personal injury or occupational disease, compensation for

permanent partial disability shall be only for such amount as was

caused by such accidental personal injury or occupational disease

and no additional compensation shall be allowed for the preexisting

disability or impairment. Any such reduction shall not apply to
al

disability and the same is aggravated or accelerated by an

accidental personal injury or occupational disease, compensation for

permanent partial disability shall be only for such amount as was

caused by such accidental personal injury or occupational disease

and no additional compensation shall be allowed for the preexisting

disability or impairment. Any such reduction shall not apply to

temporary total disability, nor shall it apply to compensation for

medical treatment. If workers’ compensation benefits have

previously been awarded through settlement or judicial or

administrative determination in Oklahoma, the percentage basis of

the prior settlement or award shall conclusively establish the

amount of permanent partial disability determined to be preexisting.

If workers’ compensation benefits have not previously been awarded

through settlement or judicial or administrative determination in

Oklahoma, the amount of preexisting permanent partial disability

shall be established by competent evidence and determined by the

Commission.

7. No payments on any permanent partial disability order shall

begin until payments on any preexisting permanent partial disability

orders have been completed.

8. The whole body shall represent a maximum of three hundred

sixty (360) weeks.

9. The permanent partial disability rate of compensation for

amputation or permanent total loss of use of a scheduled member

specified in Section 46 of this title shall be seventy percent (70%)

of the employee’s average weekly wage, not to exceed Three Hundred

Oklahoma Statutes - Title 85A. Workers' Compensation Page 74

Sixty Dollars ($360.00), with an increase to Three Hundred Seventy-

five Dollars ($375.00) on July 1, 2025, multiplied by the number of

weeks set forth for the member in Section 46 of this title,

regardless of whether the injured employee is able to return to his

or her pre-injury or equivalent job.

10. An injured employee who is eligible for permanent partial

disability under this subsection shall be entitled to receive

vocational rehabilitation services provided by a technology center

or public secondary school offering vocational-technical education

courses, or a member institution of The Oklahoma State System of

Higher Education, which shall include retraining and job placement

to restore the employee to gainful employment. Vocational

rehabilitation services or training shall not extend for a period of

more than fifty-two (52) weeks.

D. Permanent Total Disability.

1. In case of total disability adjudged to be permanent,

seventy percent (70%) of the employee’s average weekly wages, but

not in excess of the state’s average weekly wage, shall be paid to

the employee during the continuance of the disability until such

time as the employee reaches the age of maximum Social Security

retirement benefits or for a period of fifteen (15) years, whichever

is longer. In the event the claimant dies of causes unrelated to

the injury or illness, benefits shall cease on the date of death.

Provided, however, any person entitled to revive the action shall

receive a one-time, lump-sum payment equal to twenty-six (26) weeks

of weekly benefits for permanent total disability awarded to the

claimant. If more than one person is entitled to revive the claim,

the lump-sum payment shall be evenly divided between or among such

persons. In the event the Commission awards both permanent partial

disability and permanent total disability benefits, the permanent

total disability award shall not be due until the permanent partial

disability award is paid in full. If otherwise qualified according

to the provisions of the Administrative Workers’ Compensation Act,

permanent total disability benefits may be awarded to an employee

who has exhausted the maximum period of temporary total disability

even though the employee has not reached maximum medical

improvement.
bility award shall not be due until the permanent partial

disability award is paid in full. If otherwise qualified according

to the provisions of the Administrative Workers’ Compensation Act,

permanent total disability benefits may be awarded to an employee

who has exhausted the maximum period of temporary total disability

even though the employee has not reached maximum medical

improvement.

2. The Oklahoma Workers’ Compensation Commission shall annually

review the status of any employee receiving benefits for permanent

total disability against the last employer. The Commission shall

require the employee to annually file an affidavit under penalty of

perjury stating that he or she is not and has not been gainfully

employed and is not capable of gainful employment. Failure to file

such affidavit shall result in suspension of benefits; provided,

however, reinstatement of benefits may occur after proper hearing

before the Commission.

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E. 1. The Oklahoma Workers’ Compensation Commission may hire

or contract for a Vocational Rehabilitation Director to oversee the

vocational rehabilitation program of the Commission.

2. Upon the request of either party, an administrative law

judge shall determine if it is appropriate for a claimant to receive

vocational rehabilitation training or services. If appropriate, the

administrative law judge shall refer the employee to a qualified

expert for evaluation of the practicability of, need for and kind of

rehabilitation services or training necessary and appropriate in

order to restore the employee to gainful employment. The cost of

the evaluation shall be paid by the employer.

3. Upon receipt of such report, and after affording all parties

an opportunity to be heard, the administrative law judge shall order

that any rehabilitation services or training, recommended in the

report, or such other rehabilitation services or training as the

administrative law judge may deem necessary, provided the employee

elects to receive such services, shall be provided at the expense of

the employer. Except as otherwise provided in this subsection,

refusal to accept rehabilitation services by the employee shall in

no way diminish any benefits allowable to an employee.

4. The administrative law judge may order vocational

rehabilitation before the injured employee reaches maximum medical

improvement, if the treating physician believes that it is likely

that the employee’s injury will prevent the employee from returning

to his or her former employment. In granting early benefits for

vocational rehabilitation, the Commission shall consider temporary

restrictions and the likelihood that such rehabilitation will return

the employee to gainful employment earlier than if such benefits are

granted after the permanent partial disability hearing in the claim.

5. Vocational rehabilitation services or training shall not

extend for a period more than fifty-two (52) weeks. A request for

vocational rehabilitation services or training shall be filed with

the Commission by an interested party not later than sixty (60) days

from the date of receiving permanent disability that prevents the

injured employee from returning to his or her pre-injury or

equivalent position.

6. If rehabilitation requires residence at or near the facility

or institution which is away from the employee’s customary

residence, reasonable cost of the employee’s board, lodging, travel,

tuition, books and necessary equipment in training shall be paid for

by the insurer in addition to weekly compensation benefits to which

the employee is otherwise entitled under the Administrative Workers’

Compensation Act.

7. During the period when an employee is actively and in good

faith being evaluated or participating in a retraining or job

placement program for purposes of evaluating permanent total
and necessary equipment in training shall be paid for

by the insurer in addition to weekly compensation benefits to which

the employee is otherwise entitled under the Administrative Workers’

Compensation Act.

7. During the period when an employee is actively and in good

faith being evaluated or participating in a retraining or job

placement program for purposes of evaluating permanent total

disability status, the employee shall be entitled to receive

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benefits at the same rate as the employee’s temporary total

disability benefits for an additional fifty-two (52) weeks. All

tuition related to vocational rehabilitation services shall be paid

by the employer or the employer’s insurer on a periodic basis

directly to the facility providing the vocational rehabilitation

services or training to the employee.

F. Disfigurement.

1. If an injured employee incurs serious and permanent

disfigurement to any part of the body, the Commission may award

compensation to the injured employee in an amount not to exceed

Fifty Thousand Dollars ($50,000.00).

2. No award for disfigurement shall be entered until twelve

(12) months after the injury unless the treating physician deems the

wound or incision to be fully healed.

3. An injured employee shall not be entitled to compensation

under this subsection if he or she receives an award for permanent

partial disability to the same part of the body.

G. Benefits for a single-event injury shall be determined by

the law in effect at the time of injury. Benefits for a cumulative

trauma injury or occupational disease or illness shall be determined

by the law in effect at the time the employee knew or reasonably

should have known that the injury, occupational disease or illness

was related to work activity. Benefits for death shall be

determined by the law in effect at the time of death.