Internal prototype — noindexed, not linked from public navigation yet.

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.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

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.

Status: in_force · Read it on the official government site

Need a lawyer in Oklahoma?

Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.