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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 95 By: Seifried
3
4
4
5
5
6
6
7 AS INTRODUCED
7
8 An Act relating to workers' compensation; amending
8 85A O.S. 2021, Section 2, which relates to
9 definitions; defining term; updating statutory
9 language; updating statutory references; and
10 providing an effective date.
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 85A O.S. 2021, Section 2, is
14
15 amended to read as follows:
15
16 Section 2. As used in the Administrative Workers' Compensation
16
17 Act:
17
18 1. "Actually dependent" means a surviving spouse, a child or
18
19 any other person who receives one-half (1/2) or more of his or her
19
20 support from the employee;
20
21 2. "Carrier" means any stock company, mutual company, or
21
22 reciprocal or interinsurance exchange authorized to write or carry
22
23 on the business of workers' compensation insurance in this state.
23
24 Whenever required by the context, the term "carrier" carrier shall
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Req. No. 369 Page 1
1 be deemed to include duly qualified self-insureds or self-insured
1
2 groups;
2
3 3. "Case management" means the ongoing coordination, by a case
3
4 manager, of health care services provided to an injured or disabled
4
5 worker, including but not limited to systematically monitoring the
5
6 treatment rendered and the medical progress of the injured or
6
7 disabled worker; ensuring that any treatment plan follows all
7
8 appropriate treatment protocols, utilization controls and practice
8
9 parameters; assessing whether alternative health care services are
9
10 appropriate and delivered in a cost-effective manner based upon
10
11 acceptable medical standards; and ensuring that the injured or
11
12 disabled worker is following the prescribed health care plan;
12
13 4. "Case manager" means a person who is a registered nurse with
13
14 a current, active unencumbered license from the Oklahoma Board of
14
15 Nursing, or possesses one or more of the following certifications
15
16 which indicate the individual has a minimum number of years of case
16
17 management experience, has passed a national competency test and
17
18 regularly obtains continuing education hours to maintain
18
19 certification:
19
20 a. Certified Disability Management Specialist (CDMS),
20
21 b. Certified Case Manager (CCM),
21
22 c. Certified Rehabilitation Registered Nurse (CRRN),
22
23 d. Case Manager - Certified (CMC),
23
24 e. Certified Occupational Health Nurse (COHN), or
24
Req. No. 369 Page 2
1 f. Certified Occupational Health Nurse Specialist (COHN-
1
2 S);
2
3 5. "Certified workplace medical plan" means an organization of
3
4 health care providers or any other entity, certified by the State
4
5 Commissioner of Health, that is authorized to enter into a
5
6 contractual agreement with an employer, a group self-insurance
6
7 association plan, an employer's workers' compensation insurance
7
8 carrier, a third-party administrator or an insured to provide
8
9 medical care under the Administrative Workers' Compensation Act.
9
10 Certified plans shall only include plans which provide medical
10
11 services and payment for services on a fee-for-service basis to
11
12 medical providers;
12
13 6. "Child" means a natural or adopted son or daughter of the
13
14 employee under eighteen (18) years of age; or a natural or adopted
14
15 son or daughter of an employee eighteen (18) years of age or over
15
16 who is physically or mentally incapable of self-support; or any
16
17 natural or adopted son or daughter of an employee eighteen (18)
17
18 years of age or over who is actually dependent; or any natural or
18
19 adopted son or daughter of an employee between eighteen (18) and
19
20 twenty-three (23) years of age who is enrolled as a full-time
20
21 student in any accredited educational institution. The term "child"
21
22 child includes a posthumous child, a child legally adopted or one
22
23 for whom adoption proceedings are pending at the time of death, an
23
24
24
Req. No. 369 Page 3
1 actually dependent stepchild or an actually dependent acknowledged
1
2 child born out of wedlock;
2
3 7. "Claimant" means a person who claims benefits for an injury
3
4 or occupational disease pursuant to the provisions of the
4
5 Administrative Workers' Compensation Act;
5
6 8. "Commission" means the Oklahoma Workers' Compensation
6
7 Commission;
7
8 9. a. "Compensable injury" means damage or harm to the
8
9 physical structure of the body, or damage or harm to
9
10 prosthetic appliances, including eyeglasses, contact
10
11 lenses, or hearing aids, of which the major cause is
11
12 either an accident, cumulative trauma or occupational
12
13 disease arising out of the course and scope of
13
14 employment. An "accident" means an event involving
14
15 factors external to the employee that:
15
16 (1) was unintended, unanticipated, unforeseen,
16
17 unplanned and unexpected,
17
18 (2) occurred at a specifically identifiable time and
18
19 place,
19
20 (3) occurred by chance or from unknown causes, or
20
21 (4) was independent of sickness, mental incapacity,
21
22 bodily infirmity or any other cause.
22
23 b. "Compensable injury" Compensable injury does not
23
24 include:
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Req. No. 369 Page 4
1 (1) injury to any active participant in assaults or
1
2 combats which, although they may occur in the
2
3 workplace, are the result of non-employment-
3
4 related hostility or animus of one, both, or all
4
5 of the combatants and which assault or combat
5
6 amounts to a deviation from customary duties;
6
7 provided, however, injuries caused by horseplay
7
8 shall not be considered to be compensable
8
9 injuries, except for innocent victims,
9
10 (2) injury incurred while engaging in or performing
10
11 or as the result of engaging in or performing any
11
12 recreational or social activities for the
12
13 employee's personal pleasure,
13
14 (3) injury which was inflicted on the employee at a
14
15 time when employment services were not being
15
16 performed or before the employee was hired or
16
17 after the employment relationship was terminated,
17
18 (4) injury if the accident was caused by the use of
18
19 alcohol, illegal drugs, or prescription drugs
19
20 used in contravention of physician's orders. If
20
21 a biological specimen is collected within twenty-
21
22 four (24) hours of the employee being injured or
22
23 reporting an injury, or if at any time after the
23
24 injury a biological specimen is collected by the
24
Req. No. 369 Page 5
1 Oklahoma Office of the Chief Medical Examiner if
1
2 the injured employee does not survive for at
2
3 least twenty-four (24) hours after the injury and
3
4 the employee tests positive for intoxication, an
4
5 illegal controlled substance, or a legal
5
6 controlled substance used in contravention to a
6
7 treating physician's orders, or refuses to
7
8 undergo the drug and alcohol testing, there shall
8
9 be a rebuttable presumption that the injury was
9
10 caused by the use of alcohol, illegal drugs, or
10
11 prescription drugs used in contravention of
11
12 physician's orders. This presumption may only be
12
13 overcome if the employee proves by clear and
13
14 convincing evidence that his or her state of
14
15 intoxication had no causal relationship to the
15
16 injury,
16
17 (5) any strain, degeneration, damage or harm to, or
17
18 disease or condition of, the eye or
18
19 musculoskeletal structure or other body part
19
20 resulting from the natural results of aging,
20
21 osteoarthritis, arthritis, or degenerative
21
22 process including, but not limited to,
22
23 degenerative joint disease, degenerative disc
23
24 disease, degenerative
24
Req. No. 369 Page 6
1 spondylosis/spondylolisthesis and spinal
1
2 stenosis, or
2
3 (6) any preexisting condition except when the
3
4 treating physician clearly confirms an
4
5 identifiable and significant aggravation incurred
5
6 in the course and scope of employment.
6
7 c. A compensable injury shall be established by medical
7
8 evidence supported by objective findings as defined in
8
9 paragraph 31 of this section.
9
10 d. The injured employee shall prove by a preponderance of
10
11 the evidence that he or she has suffered a compensable
11
12 injury.
12
13 e. Benefits shall not be payable for a condition which
13
14 results from a non-work-related independent
14
15 intervening cause following a compensable injury which
15
16 causes or prolongs disability, or aggravation, or
16
17 requires treatment. A non-work-related independent
17
18 intervening cause does not require negligence or
18
19 recklessness on the part of a claimant.
19
20 f. An employee who suffers a compensable injury shall be
20
21 entitled to receive compensation as prescribed in this
21
22 act the Administrative Workers' Compensation Act.
22
23 Notwithstanding other provisions of law, if it is
23
24 determined that a compensable injury did not occur,
24
Req. No. 369 Page 7
1 the employee shall not be entitled to compensation
1
2 under this act the Administrative Workers'
2
3 Compensation Act;
3
4 10. "Compensation" means the money allowance payable to the
4
5 employee or to his or her dependents and includes the medical
5
6 services and supplies provided for in Section 50 of this title and
6
7 funeral expenses;
7
8 11. "Consequential injury" means injury or harm to a part of
8
9 the body that is a direct result of the injury or medical treatment
9
10 to the part of the body originally injured in the claim. The
10
11 Commission shall not make a finding of a consequential injury unless
11
12 it is established by objective medical evidence that medical
12
13 treatment for such part of the body is required;
13
14 12. "Continuing medical maintenance" means medical treatment
14
15 that is reasonable and necessary to maintain a claimant's condition
15
16 resulting from the compensable injury or illness after reaching
16
17 maximum medical improvement. Continuing medical maintenance shall
17
18 not include diagnostic tests, surgery, injections, counseling,
18
19 physical therapy, or pain management devices or equipment;
19
20 13. "Course and scope of employment" means an activity of any
20
21 kind or character for which the employee was hired and that relates
21
22 to and derives from the work, business, trade or profession of an
22
23 employer, and is performed by an employee in the furtherance of the
23
24 affairs or business of an employer. The term includes activities
24
Req. No. 369 Page 8
1 conducted on the premises of an employer or at other locations
1
2 designated by an employer and travel by an employee in furtherance
2
3 of the affairs of an employer that is specifically directed by the
3
4 employer. This term does not include:
4
5 a. an employee's transportation to and from his or her
5
6 place of employment,
6
7 b. travel by an employee in furtherance of the affairs of
7
8 an employer if the travel is also in furtherance of
8
9 personal or private affairs of the employee,
9
10 c. any injury occurring in a parking lot or other common
10
11 area adjacent to an employer's place of business
11
12 before the employee clocks in or otherwise begins work
12
13 for the employer or after the employee clocks out or
13
14 otherwise stops work for the employer unless the
14
15 employer owns or maintains exclusive control over the
15
16 area, or
16
17 d. any injury occurring while an employee is on a work
17
18 break, unless the injury occurs while the employee is
18
19 on a work break inside the employer's facility or in
19
20 an area owned by or exclusively controlled by the
20
21 employer and the work break is authorized by the
21
22 employee's supervisor;
22
23 14. "Cumulative trauma" means an injury to an employee that is
23
24 caused by the combined effect of repetitive physical activities
24
Req. No. 369 Page 9
1 extending over a period of time in the course and scope of
1
2 employment. Cumulative trauma shall not mean fatigue, soreness or
2
3 general aches and pain that may have been caused, aggravated,
3
4 exacerbated or accelerated by the employee's course and scope of
4
5 employment. Cumulative trauma shall have resulted directly and
5
6 independently of all other causes;
6
7 15. "Death" means only death resulting from compensable injury
7
8 as defined in paragraph 9 of this section;
8
9 16. "Disability" means incapacity because of compensable injury
9
10 to earn, in the same or any other employment, substantially the same
10
11 amount of wages the employee was receiving at the time of the
11
12 compensable injury;
12
13 17. "Drive-away operations" includes every person engaged in
13
14 the business of transporting and delivering new or used vehicles by
14
15 driving, either singly or by towbar, saddle-mount or full-mount
15
16 method, or any combination thereof, with or without towing a
16
17 privately owned vehicle;
17
18 18. a. "Employee" means any person, including a minor, in the
18
19 service of an employer under any contract of hire or
19
20 apprenticeship, written or oral, expressed or implied,
20
21 but excluding one whose employment is casual and not
21
22 in the course of the trade, business, profession, or
22
23 occupation of his or her employer and excluding one
23
24 who is required to perform work for a municipality or
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Req. No. 369 Page 10
1 county or the state or federal government on having
1
2 been convicted of a criminal offense or while
2
3 incarcerated. "Employee" Employee shall also include
3
4 a member of the Oklahoma National Guard while in the
4
5 performance of duties only while in response to state
5
6 orders and any authorized voluntary or uncompensated
6
7 worker, rendering services as a firefighter, law
7
8 enforcement officer or emergency management worker.
8
9 Travel by a police officer, fireman, or a member of a
9
10 first aid or rescue squad, in responding to and
10
11 returning from an emergency, shall be deemed to be in
11
12 the course of employment.
12
13 b. The term "employee" employee shall not include:
13
14 (1) any person for whom an employer is liable under
14
15 any Act of Congress for providing compensation to
15
16 employees for injuries, disease or death arising
16
17 out of and in the course of employment including,
17
18 but not limited to, the Federal Employees'
18
19 Compensation Act, the Federal Employers'
19
20 Liability Act, the Longshore and Harbor Workers'
20
21 Compensation Act and the Jones Act, to the extent
21
22 his or her employees are subject to such acts,
22
23 (2) any person who is employed in agriculture,
23
24 ranching or horticulture by an employer who had a
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Req. No. 369 Page 11
1 gross annual payroll in the preceding calendar
1
2 year of less than One Hundred Thousand Dollars
2
3 ($100,000.00) wages for agricultural, ranching or
3
4 horticultural workers, or any person who is
4
5 employed in agriculture, ranching or horticulture
5
6 who is not engaged in operation of motorized
6
7 machines. This exemption applies to any period
7
8 of time for which such employment exists,
8
9 irrespective of whether or not the person is
9
10 employed in other activities for which the
10
11 exemption does not apply. If the person is
11
12 employed for part of a year in exempt activities
12
13 and for part of a year in nonexempt activities,
13
14 the employer shall be responsible for providing
14
15 workers' compensation only for the period of time
15
16 for which the person is employed in nonexempt
16
17 activities,
17
18 (3) any person who is a licensed real estate sales
18
19 associate or broker, paid on a commission basis,
19
20 (4) any person employed by an employer with five or
20
21 fewer total employees, all of whom are related
21
22 within the second degree by blood or marriage to
22
23 the employer, all of whom are dependents living
23
24 in the household of the employer, or all of whom
24
Req. No. 369 Page 12
1 are a combination of such relatives and
1
2 dependents. If the employer is not a natural
2
3 person such relative shall be related within the
3
4 second degree by blood or marriage to a person
4
5 who owns fifty percent (50%) or more of the
5
6 employer, or such dependent shall be in the
6
7 household of a person who owns fifty percent
7
8 (50%) or more of the employer,
8
9 (5) any person employed by an employer which is a
9
10 youth sports league which qualifies for exemption
10
11 from federal income taxation pursuant to federal
11
12 law,
12
13 (6) sole proprietors, members of a partnership,
13
14 individuals who are party to a franchise
14
15 agreement as set out by the Federal Trade
15
16 Commission franchise disclosure rule, 16 CFR
16
17 436.1 through 436.11, members of a limited
17
18 liability company who own at least ten percent
18
19 (10%) of the capital of the limited liability
19
20 company or any stockholder-employees of a
20
21 corporation who own ten percent (10%) or more
21
22 stock in the corporation, unless they elect to be
22
23 covered by a policy of insurance covering
23
24
24
Req. No. 369 Page 13
1 benefits under the Administrative Workers'
1
2 Compensation Act,
2
3 (7) any person providing or performing voluntary
3
4 service who receives no wages for the services
4
5 other than meals, drug or alcohol rehabilitative
5
6 therapy, transportation, lodging or reimbursement
6
7 for incidental expenses except for volunteers
7
8 specifically provided for in subparagraph a of
8
9 this paragraph,
9
10 (8) a person, commonly referred to as an owner-
10
11 operator, who owns or leases a truck-tractor or
11
12 truck for hire, if the owner-operator actually
12
13 operates the truck-tractor or truck and if the
13
14 person contracting with the owner-operator is not
14
15 the lessor of the truck-tractor or truck.
15
16 Provided, however, an owner-operator shall not be
16
17 precluded from workers' compensation coverage
17
18 under the Administrative Workers' Compensation
18
19 Act if the owner-operator elects to participate
19
20 as a sole proprietor,
20
21 (9) a person referred to as a drive-away owner-
21
22 operator who privately owns and utilizes a tow
22
23 vehicle in drive-away operations and operates
23
24 independently for hire, if the drive-away owner-
24
Req. No. 369 Page 14
1 operator actually utilizes the tow vehicle and if
1
2 the person contracting with the drive-away owner-
2
3 operator is not the lessor of the tow vehicle.
3
4 Provided, however, a drive-away owner-operator
4
5 shall not be precluded from workers' compensation
5
6 coverage under the Administrative Workers'
6
7 Compensation Act if the drive-away owner-operator
7
8 elects to participate as a sole proprietor, and
8
9 (10) any person who is employed as a domestic servant
9
10 or as a casual worker in and about a private home
10
11 or household, which private home or household had
11
12 a gross annual payroll in the preceding calendar
12
13 year of less than Fifty Thousand Dollars
13
14 ($50,000.00) for such workers, and
14
15 (11) any person engaging in a temporary work
15
16 arrangement that allows the individual to observe
16
17 a work environment and gain work experience
17
18 without the expectation of financial
18
19 compensation;
19
20 19. "Employer" means a natural person, partnership,
20
21 association, limited liability company, corporation, and the legal
21
22 representatives of a deceased employer, or the receiver or trustee
22
23 of a person, partnership, association, corporation, or limited
23
24 liability company, departments, instrumentalities and institutions
24
Req. No. 369 Page 15
1 of this state and divisions thereof, counties and divisions thereof,
1
2 public trusts, boards of education and incorporated cities or towns
2
3 and divisions thereof, employing a person included within the term
3
4 "employee" employee as defined in this section. Employer may also
4
5 mean the employer's workers' compensation insurance carrier, if
5
6 applicable. Except as provided otherwise, this act the
6
7 Administrative Workers' Compensation Act applies to all public and
7
8 private entities and institutions;
8
9 20. "Employment" includes work or labor in a trade, business,
9
10 occupation or activity carried on by an employer or any authorized
10
11 voluntary or uncompensated worker rendering services as a
11
12 firefighter, peace officer or emergency management worker;
12
13 21. "Evidence-based" means expert-based, literature-supported
13
14 and outcomes validated by well-designed randomized trials when such
14
15 information is available and which uses the best available evidence
15
16 to support medical decision making;
16
17 22. "Gainful employment" means the capacity to perform
17
18 employment for wages for a period of time that is not part-time,
18
19 occasional or sporadic;
19
20 23. "Impaired self-insurer" means a private self-insurer or
20
21 group self-insurance association that fails to pay its workers'
21
22 compensation obligations, or is financially unable to do so and is
22
23 the subject of any proceeding under the Federal Bankruptcy Reform
23
24 Act of 1978, and any subsequent amendments or is the subject of any
24
Req. No. 369 Page 16
1 proceeding in which a receiver, custodian, liquidator,
1
2 rehabilitator, trustee or similar officer has been appointed by a
2
3 court of competent jurisdiction to act in lieu of or on behalf of
3
4 the self-insurer;
4
5 24. "Incapacity" means inadequate strength or ability to
5
6 perform a work-related task;
6
7 25. "Insurance Commissioner" means the Insurance Commissioner
7
8 of the State of Oklahoma this state;
8
9 26. "Insurance Department" means the Insurance Department of
9
10 the State of Oklahoma this state;
10
11 27. "Major cause" means more than fifty percent (50%) of the
11
12 resulting injury, disease or illness. A finding of major cause
12
13 shall be established by a preponderance of the evidence. A finding
13
14 that the workplace was not a major cause of the injury, disease or
14
15 illness shall not adversely affect the exclusive remedy provisions
15
16 of this act the Administrative Workers' Compensation Act and shall
16
17 not create a separate cause of action outside this act the
17
18 Administrative Workers' Compensation Act;
18
19 28. "Maximum medical improvement" means that no further
19
20 material improvement would reasonably be expected from medical
20
21 treatment or the passage of time;
21
22 29. "Medical services" means those services specified in
22
23 Section 50 of this title;
23
24 30. "Misconduct" shall include the following:
24
Req. No. 369 Page 17
1 a. unexplained absenteeism or tardiness,
1
2 b. willful or wanton indifference to or neglect of the
2
3 duties required,
3
4 c. willful or wanton breach of any duty required by the
4
5 employer,
5
6 d. the mismanagement of a position of employment by
6
7 action or inaction,
7
8 e. actions or omissions that place in jeopardy the
8
9 health, life, or property of self or others,
9
10 f. dishonesty,
10
11 g. wrongdoing,
11
12 h. violation of a law, or
12
13 i. a violation of a policy or rule adopted to ensure
13
14 orderly work or the safety of self or others;
14
15 31. a. (1) "Objective findings" are those findings which
15
16 cannot come under the voluntary control of the
16
17 patient.
17
18 (2) (a) When determining permanent disability, a
18
19 physician, any other medical provider, an
19
20 administrative law judge, the Commission or
20
21 the courts shall not consider complaints of
21
22 pain.
22
23 (b) For the purpose of making permanent
23
24 disability ratings to the spine, physicians
24
Req. No. 369 Page 18
1 shall use criteria established by the Sixth
1
2 Edition of the American Medical Association
2
3 "Guides to the Evaluation of Permanent
3
4 Impairment".
4
5 (3) (a) Objective evidence necessary to prove
5
6 permanent disability in occupational hearing
6
7 loss cases may be established by medically
7
8 recognized and accepted clinical diagnostic
8
9 methodologies, including, but not limited
9
10 to, audiological tests that measure air and
10
11 bone conduction thresholds and speech
11
12 discrimination ability.
12
13 (b) Any difference in the baseline hearing
13
14 levels shall be confirmed by subsequent
14
15 testing; provided, however, such test shall
15
16 be given within four (4) weeks of the
16
17 initial baseline hearing level test but not
17
18 before five (5) days after being adjusted
18
19 for presbycusis.
19
20 b. Medical opinions addressing compensability and
20
21 permanent disability shall be stated within a
21
22 reasonable degree of medical certainty;
22
23
23
24
24
Req. No. 369 Page 19
1 32. "Official Disability Guidelines" or "ODG" means the current
1
2 edition of the Official Disability Guidelines and the ODG Treatment
2
3 in Workers' Comp as published by the Work Loss Data Institute;
3
4 33. "Permanent disability" means the extent, expressed as a
4
5 percentage, of the loss of a portion of the total physiological
5
6 capabilities of the human body as established by competent medical
6
7 evidence and based on the Sixth Edition of the American Medical
7
8 Association "Guides to the Evaluation of Permanent Impairment", if
8
9 the impairment is contained therein;
9
10 34. "Permanent partial disability" means a permanent disability
10
11 or loss of use after maximum medical improvement has been reached
11
12 which prevents the injured employee, who has been released to return
12
13 to work by the treating physician, from returning to his or her pre-
13
14 injury or equivalent job. All evaluations of permanent partial
14
15 disability must be supported by objective findings;
15
16 35. "Permanent total disability" means, based on objective
16
17 findings, incapacity, based upon accidental injury or occupational
17
18 disease, to earn wages in any employment for which the employee may
18
19 become physically suited and reasonably fitted by education,
19
20 training, experience or vocational rehabilitation provided under
20
21 this act the Administrative Workers' Compensation Act. Loss of both
21
22 hands, both feet, both legs, or both eyes, or any two thereof, shall
22
23 constitute permanent total disability;
23
24
24
Req. No. 369 Page 20
1 36. "Preexisting condition" means any illness, injury, disease,
1
2 or other physical or mental condition, whether or not work-related,
2
3 for which medical advice, diagnosis, care or treatment was
3
4 recommended or received preceding the date of injury;
4
5 37. "Pre-injury or equivalent job" means the job that the
5
6 claimant was working for the employer at the time the injury
6
7 occurred or any other employment offered by the claimant's employer
7
8 that pays at least one hundred percent (100%) of the employee's
8
9 average weekly wage;
9
10 38. "Private self-insurer" means a private employer that has
10
11 been authorized to self-insure its workers' compensation obligations
11
12 pursuant to this act the Administrative Workers' Compensation Act,
12
13 but does not include group self-insurance associations authorized by
13
14 this act the Administrative Workers' Compensation Act, or any public
14
15 employer that self-insures pursuant to this act the Administrative
15
16 Workers' Compensation Act;
16
17 39. "Prosthetic" means an artificial device used to replace a
17
18 part or joint of the body that is lost or injured in an accident or
18
19 illness covered by this act the Administrative Workers' Compensation
19
20 Act;
20
21 40. "Scheduled member" or "member" means hands, fingers, arms,
21
22 legs, feet, toes, and eyes. In addition, for purposes of the
22
23 Multiple Injury Trust Fund only, "scheduled member" scheduled member
23
24 means hearing impairment;
24
Req. No. 369 Page 21
1 41. "Scientifically based" involves the application of
1
2 rigorous, systematic, and objective procedures to obtain reliable
2
3 and valid knowledge relevant to medical testing, diagnoses and
3
4 treatment; is adequate to justify the general conclusions drawn; and
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5 has been accepted by a peer-review journal or approved by a panel of
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6 independent experts through a comparably rigorous, objective, and
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7 scientific review;
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8 42. "State average weekly wage" means the state average weekly
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9 wage determined by the Oklahoma Employment Security Commission in
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10 the preceding calendar year. If such determination is not
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11 available, the Commission shall determine the wage annually after
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12 reasonable investigation;
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13 43. "Subcontractor" means a person, firm, corporation or other
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14 legal entity hired by the general or prime contractor to perform a
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15 specific task for the completion of a work-related activity;
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16 44. "Surgery" does not include an injection, or the forcing of
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17 fluids beneath the skin, for treatment or diagnosis;
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18 45. "Surviving spouse" means the employee's spouse by reason of
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19 a legal marriage recognized by the State of Oklahoma this state or
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20 under the requirements of a common law marriage in this state, as
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21 determined by the Oklahoma Workers' Compensation Commission;
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22 46. "Temporary partial disability" means an injured employee
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23 who is temporarily unable to perform his or her job, but may perform
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24 alternative work offered by the employer;
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Req. No. 369 Page 22
1 47. "Time of accident" or "date of accident" means the time or
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2 date of the occurrence of the accidental incident from which
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3 compensable injury, disability, or death results; and
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4 48. "Wages" means money compensation received for employment at
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5 the time of the accident, including the reasonable value of board,
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6 rent, housing, lodging, or similar advantage received from the
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7 employer and includes the amount of tips required to be reported by
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8 the employer under Section 6053 of the Internal Revenue Code and the
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9 regulations promulgated pursuant thereto or the amount of actual
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10 tips reported, whichever amount is greater.
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11 SECTION 2. This act shall become effective November 1, 2025.
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13 60-1-369 MR 1/19/2025 5:46:34 AM
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Req. No. 369 Page 23Every fact on this page links to its source, starting with the official bill record.