Okla. Stat. tit. 85A, § 85A-71
This is the official text of Okla. Stat. tit. 85A, § 85A-71, 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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Notice - Investigation and hearing - Evidence and
Official statutory text
construction.
A. Notice. Within ten (10) days after a claim for compensation
has been filed, the Workers' Compensation Commission shall notify
the employer and any other interested person of the filing of the
claim.
B. Hearing.
1. The Commission shall assign the claim to an administrative
law judge who shall hold a hearing on application of any interested
party, or on its own motion.
2. An application for a hearing shall clearly set forth the
specific issues of fact or law in controversy and the contentions of
the party applying for the hearing.
3. If any party is not represented by a lawyer, the
administrative law judge shall define the issues to be heard.
4. If a hearing on the claim is ordered, the administrative law
judge shall give the claimant and other interested parties ten (10)
days' notice of the hearing served personally on the claimant and
other parties, or by registered mail, facsimile, electronic mail or
Oklahoma Statutes - Title 85A. Workers' Compensation Page 101
by other electronic means with receipt of confirmation. The hearing
may be held in any county of this state, as determined by the
Commission. No hearing or trial shall be continued absent
extraordinary circumstances as determined by the Commission.
5. The award, together with the statement of the findings of
fact and other matters pertinent to the issues, shall be filed with
the record of the proceedings, and a copy of the award shall
immediately be sent to the parties in or to counsels of record, if
any.
C. Evidence and Construction.
1. a. At the hearing the claimant and the employer may each
present evidence relating to the claim. Evidence may
be presented by any person authorized in writing for
such purpose. The evidence may include verified
medical reports which shall be accorded such weight as
may be warranted when considering all evidence in the
case.
b. Any determination of the existence or extent of
physical impairment shall be supported by objective
and measurable physical or mental findings.
2. When deciding any issue, administrative law judges and the
Commission shall determine, on the basis of the record as a whole,
whether the party having the burden of proof on the issue has
established it by a preponderance of the evidence.
3. Administrative law judges, the Commission, and any reviewing
courts shall strictly construe the provisions of this act.
4. In determining whether a party has met the burden of proof
on an issue, administrative law judges and the Commission shall
weigh the evidence impartially and without giving the benefit of the
doubt to any party.
D. Judgment. The judgment denying the claim or making the
award shall be filed in the office of the Commission, and a copy
shall be sent by registered mail, facsimile, electronic mail or by
other means with receipt of confirmation to the claimant and to the
employer or to their attorneys.
E. No compensation for disability of an injured employee shall
be payable for any period beyond his or her death; provided,
however, if an injured employee is awarded compensation for
permanent partial disability by final order and then dies, a revivor
action may be brought by the injured employee's spouse, minor child
or children under a disability as defined by Section 67 of this
title, but limited to the number of weeks of disability awarded to
the injured employee minus the number of weeks of benefits paid for
the permanent partial disability to the injured worker at the time
of the death of the injured employee. An award of compensation for
permanent partial disability may be made after the death of the
injured employee. Such revivor action may be brought only by the
Oklahoma Statutes - Title 85A. Workers' Compensation Page 102
injured employee's spouse, minor child or children under a
disability as defined by Section 67 of this title.
A. Notice. Within ten (10) days after a claim for compensation
has been filed, the Workers' Compensation Commission shall notify
the employer and any other interested person of the filing of the
claim.
B. Hearing.
1. The Commission shall assign the claim to an administrative
law judge who shall hold a hearing on application of any interested
party, or on its own motion.
2. An application for a hearing shall clearly set forth the
specific issues of fact or law in controversy and the contentions of
the party applying for the hearing.
3. If any party is not represented by a lawyer, the
administrative law judge shall define the issues to be heard.
4. If a hearing on the claim is ordered, the administrative law
judge shall give the claimant and other interested parties ten (10)
days' notice of the hearing served personally on the claimant and
other parties, or by registered mail, facsimile, electronic mail or
Oklahoma Statutes - Title 85A. Workers' Compensation Page 101
by other electronic means with receipt of confirmation. The hearing
may be held in any county of this state, as determined by the
Commission. No hearing or trial shall be continued absent
extraordinary circumstances as determined by the Commission.
5. The award, together with the statement of the findings of
fact and other matters pertinent to the issues, shall be filed with
the record of the proceedings, and a copy of the award shall
immediately be sent to the parties in or to counsels of record, if
any.
C. Evidence and Construction.
1. a. At the hearing the claimant and the employer may each
present evidence relating to the claim. Evidence may
be presented by any person authorized in writing for
such purpose. The evidence may include verified
medical reports which shall be accorded such weight as
may be warranted when considering all evidence in the
case.
b. Any determination of the existence or extent of
physical impairment shall be supported by objective
and measurable physical or mental findings.
2. When deciding any issue, administrative law judges and the
Commission shall determine, on the basis of the record as a whole,
whether the party having the burden of proof on the issue has
established it by a preponderance of the evidence.
3. Administrative law judges, the Commission, and any reviewing
courts shall strictly construe the provisions of this act.
4. In determining whether a party has met the burden of proof
on an issue, administrative law judges and the Commission shall
weigh the evidence impartially and without giving the benefit of the
doubt to any party.
D. Judgment. The judgment denying the claim or making the
award shall be filed in the office of the Commission, and a copy
shall be sent by registered mail, facsimile, electronic mail or by
other means with receipt of confirmation to the claimant and to the
employer or to their attorneys.
E. No compensation for disability of an injured employee shall
be payable for any period beyond his or her death; provided,
however, if an injured employee is awarded compensation for
permanent partial disability by final order and then dies, a revivor
action may be brought by the injured employee's spouse, minor child
or children under a disability as defined by Section 67 of this
title, but limited to the number of weeks of disability awarded to
the injured employee minus the number of weeks of benefits paid for
the permanent partial disability to the injured worker at the time
of the death of the injured employee. An award of compensation for
permanent partial disability may be made after the death of the
injured employee. Such revivor action may be brought only by the
Oklahoma Statutes - Title 85A. Workers' Compensation Page 102
injured employee's spouse, minor child or children under a
disability as defined by Section 67 of this title.
Status: in_force · Read it on the official government site
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