Okla. Stat. tit. 85A, § 85A-6

A. 1. a. Any person or entity who makes any material false

statement or representation, who willfully and knowingly omits or

conceals any material information, or who employs any device,

scheme, or artifice, or who aids and abets any person for the

purpose of:

(1) obtaining any benefit or payment,

(2) increasing any claim for benefit or payment, or

(3) obtaining workers' compensation coverage under

the Administrative Workers' Compensation Act,

shall be guilty of a Class D1 felony offense

punishable pursuant to Section 1663 of Title 21 of the

Oklahoma Statutes.

b. A material false statement or representation includes,

but is not limited to, attempting to obtain treatment

or compensation for body parts that were not injured

in the course and scope of employment.

c. Fifty percent (50%) of any criminal fine imposed and

collected under this section shall be paid and

allocated in accordance with applicable law to the

Workers' Compensation Commission Revolving Fund.

2. Any person or entity with whom any person identified in

division (1) of subparagraph a of paragraph 1 of this subsection has

conspired to achieve the proscribed ends shall, by reason of such

conspiracy, be guilty as a principal of a felony.

B. Except for forms submitted through the Electronic Data

Interchange system employed by the Workers' Compensation Commission

pursuant to Section 101 of this title, a copy of division (1) of

subparagraph a of paragraph 1 of subsection A of this section shall

be included on all forms prescribed by the Commission for the use of

injured employees claiming benefits and for the use of employers in

responding to employees' claims under this act.

C. While receiving temporary total disability benefits, failing

to report any earned income to an employer, insurance carrier or

third-party administrator shall be a Class D1 felony offense

punishable pursuant to Section 1663 of Title 21 of the Oklahoma

Statutes.

D. If the Workers' Compensation Commission or the Attorney

General finds that a violation of division (1) of subparagraph a of

paragraph 1 of subsection A of this section has been committed, or

that any other criminal violations in furtherance of this act were

Oklahoma Statutes - Title 85A. Workers' Compensation Page 30

committed, the chair of the Commission or the Attorney General shall

refer the matter for appropriate action to the prosecuting attorney

having criminal jurisdiction over the matter.

E. 1. a. There shall be established within the Office of the

Attorney General a Workers' Compensation Fraud

Investigation Unit, funded by the Commission. The

Attorney General shall appoint a Director of the

Workers' Compensation Fraud Investigation Unit, who

may also serve as the director of any other designated

insurance fraud investigation division within the

Attorney General's office.

b. (1) The Unit shall investigate workers' compensation

fraud, any additional criminal violations that

may be related to workers' compensation fraud,

and any other insurance fraud matters as may be

assigned at the discretion of the Attorney

General.
Unit, who

may also serve as the director of any other designated

insurance fraud investigation division within the

Attorney General's office.

b. (1) The Unit shall investigate workers' compensation

fraud, any additional criminal violations that

may be related to workers' compensation fraud,

and any other insurance fraud matters as may be

assigned at the discretion of the Attorney

General.

(2) The Attorney General shall designate the

personnel assigned to the Unit, who, on meeting

the qualifications established by the Oklahoma

Council on Law Enforcement Education and

Training, shall have the powers of specialized

law enforcement officers of the State of Oklahoma

for the purpose of conducting investigations

under this subparagraph. Personnel hired as

specialized law enforcement officers shall be

certified as a peace officer by the Oklahoma

Council on Law Enforcement Education and

Training.

2. The Attorney General and his or her deputies and assistants

and the Director of the Workers' Compensation Fraud Investigation

Unit and his or her deputies and assistants shall be vested with the

power of enforcing the requirements of this section.

3. It shall be the duty of the Unit to assist the Attorney

General in the performance of his or her duties. The Unit shall

determine the identity of employees in this state who have violated

division (1) of subparagraph a of paragraph 1 of subsection A of

this section and report the violation to the Office of the Attorney

General and the Commission. The Attorney General shall report the

violation to the prosecuting attorney having jurisdiction over the

matter.

4. a. In the course of any investigation being conducted by

the Unit, the Attorney General and his or her deputies

and assistants and the Director and his or her

deputies and assistants shall have the power of

subpoena and may:

(1) subpoena witnesses,

Oklahoma Statutes - Title 85A. Workers' Compensation Page 31

(2) administer oaths or affirmations and examine any

individual under oath, and

(3) require and compel the production of records,

books, papers, contracts, and other documents.

b. The issuance of subpoenas for witnesses shall be

served in the same manner as if issued by a district

court.

c. (1) Upon application by the commissioner or the

Director of the Unit, the district court located

in the county where a subpoena was served may

issue an order compelling an individual to comply

with the subpoena to testify.

(2) Any failure to obey the order of the court may be

punished as contempt.

d. If any person has refused in connection with an

investigation by the Director to be examined under

oath concerning his or her affairs, then the Director

is authorized to conduct and enforce by all

appropriate and available means any examination under

oath in any state or territory of the United States in

which any officer, director, or manager may then

presently be to the full extent permitted by the laws

of the state or territory.

e. In addition to the punishments described in paragraph

1 of subsection A of this section, any person

providing false testimony under oath or affirmation in

this state as to any matter material to any

investigation or hearing conducted under this

subparagraph, or any workers' compensation hearing,

shall upon conviction be guilty of perjury.

5. Fees and mileage of the officers serving the subpoenas and

of the witnesses in answer to subpoenas shall be as provided by law.

6. a. Every carrier or employer who has reason to suspect

that a violation of division (1) of subparagraph a of

paragraph 1 of subsection A of this section has

occurred shall be required to report all pertinent

matters to the Unit.

b. No carrier or employer who makes a report for a

suspected violation of division (1) of subparagraph a

of paragraph 1 of subsection A of this section by an

employee shall be liable to the employee unless the
suspect

that a violation of division (1) of subparagraph a of

paragraph 1 of subsection A of this section has

occurred shall be required to report all pertinent

matters to the Unit.

b. No carrier or employer who makes a report for a

suspected violation of division (1) of subparagraph a

of paragraph 1 of subsection A of this section by an

employee shall be liable to the employee unless the

carrier or employer knowingly and intentionally

included false information in the report.

c. (1) Any carrier or employer who willfully and

knowingly fails to report a violation under

division (1) of subparagraph a of paragraph 1 of

subsection A of this section shall be guilty of a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 32

misdemeanor and on conviction shall be punished

by a fine not to exceed One Thousand Dollars

($1,000.00).

(2) Fifty percent (50%) of any criminal fine imposed

and collected under this subparagraph shall be

paid and allocated in accordance with applicable

law to the fund administered by the Commission.

d. Any employee may report suspected violations of

division (1) of subparagraph a of paragraph 1 of

subsection A of this section. No employee who makes a

report shall be liable to the employee whose suspected

violations have been reported.

F. 1. For the purpose of imposing criminal sanctions or a fine

for violation of the duties of this act, the prosecuting attorney

shall have the right and discretion to proceed against any person or

organization responsible for such violations, both corporate and

individual liability being intended by this act.

2. The prosecuting attorney of the district to whom a suspected

violation of subsection A of this section, or any other criminal

violations that may be related thereto, have been referred shall,

for the purpose of assisting him or her in such prosecutions, have

the authority to appoint as special deputy prosecuting attorneys

licensed attorneys-at-law in the employment of the Unit or any other

designated insurance fraud investigation division within the

Attorney General's office. Such special deputy prosecuting

attorneys shall, for the purpose of the prosecutions to which they

are assigned, be responsible to and report to the prosecuting

attorney.

G. Notwithstanding any other provision of law, investigatory

files as maintained by the Attorney General's office and by the Unit

shall be deemed confidential and privileged. The files may be made

open to the public once the investigation is closed by the Director

of the Workers' Compensation Fraud Investigation Unit with the

consent of the Attorney General.

H. The Attorney General, with the cooperation and assistance of

the Commission, is authorized to establish rules as may be necessary

to carry out the provisions of this section.

I. Nothing in this section shall be deemed to create a civil

cause of action.

J. Except for forms submitted through the Electronic Data

Interchange system employed by the Commission pursuant to Section

101 of this title, the Commission shall include a statement on all

forms for notices and instructions to employees, employers, carriers

and third-party administrators that any person who commits workers'

compensation fraud, upon conviction, shall be guilty of a felony

punishable by imprisonment, a fine or both.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 33

K. If an injured employee is charged with workers' compensation

fraud, any pending workers' compensation proceeding, including

benefits, shall be stayed after the preliminary hearing is concluded

and the claimant is bound over and shall remain stayed until the

final disposition of the criminal case. All notice requirements

shall continue during the stay.

L. If the Attorney General's Office is in compliance with the

discovery provisions of Section 258 of Title 22 of the Oklahoma

Statutes, medical records created for the purpose of treatment and
ter the preliminary hearing is concluded

and the claimant is bound over and shall remain stayed until the

final disposition of the criminal case. All notice requirements

shall continue during the stay.

L. If the Attorney General's Office is in compliance with the

discovery provisions of Section 258 of Title 22 of the Oklahoma

Statutes, medical records created for the purpose of treatment and

medical opinions obtained during the investigation shall be

admissible at the preliminary hearing without the appearance of the

medical professional creating such records or opinions. However,

when material evidence dispositive to the issues of whether there

was probable cause the crime was committed and whether the defendant

committed the crime, was not included in a report or opinion

admitted at preliminary hearing, but might be presented at a

pretrial hearing by a medical professional who created such report

or opinion, the judge may, upon the motion of either party, order

the appearance of the medical professional creating such report or

opinion. Questions of fact regarding the conduct of the defendant

that conflict with the findings of the medical professional

evaluating the defendant shall not constitute material evidence. In

the event of such motion, notice shall be given to the Attorney

General's Workers' Compensation Fraud and Investigation and

Prosecution Unit. A hearing shall be held and, if the motion is

granted, the evidence shall not be presented fewer than five (5)

days later.

M. Any person or entity who, in good faith and exercising due

care, reports suspected workers' compensation fraud or insurance

fraud, or who allows access to medical records or other information

pertaining to suspected workers' compensation or insurance fraud, by

persons authorized to investigate a report concerning the workers'

compensation and insurance fraud, shall have immunity from any civil

or criminal liability for such report or access. Any such person or

entity shall have the same immunity with respect to participation in

any judicial proceeding resulting from such reports. For purposes

of any civil or criminal proceeding, there shall be a presumption of

good faith of any person making a report, providing medical records

or providing information pertaining to a workers' compensation or

insurance fraud investigation by the Attorney General, and

participating in a judicial proceeding resulting from a subpoena or

a report.