{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-400","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-400","heading":"Workers' Compensation Court","body":"A. The Workers’ Compensation Court of Existing Claims (CEC)\n\nshall have exclusive jurisdiction over all disputes relating to\n\nclaims that arise before February 1, 2014.\n\nB. Effective July 1, 2024, the Workers’ Compensation Court of\n\nExisting Claims shall consist of one judge to be appointed by the\n\nChief Justice of the Supreme Court from a list of retired judges on\n\na rotational basis. An active retired judge appointed to serve as a\n\nCEC trial judge may receive per diem and travel reimbursement as\n\nauthorized by subsection F of Section 1104B of Title 20 of the\n\nOklahoma Statutes. A judge serving on the CEC Division of the Court\n\nof Civil Appeals shall receive no additional compensation other than\n\nthe compensation provided by law.\n\nC. 1. Effective July 1, 2024, the position of the\n\nAdministrator of the Court of Existing Claims shall terminate. All\n\nadministrative duties of the CEC shall be transferred to the\n\nOklahoma Workers’ Compensation Commission including docketing,\n\nfiling, preparation of appellate records, preparation of orders, and\n\nall other duties previously performed by the Administrator and the\n\ncourt clerk of the CEC. The Commission shall provide the use of a\n\ncourtroom to the CEC judge to conduct hearings on claims for\n\ncompensation and other proceedings.\n\n2. All judicial functions of the CEC shall remain under the\n\nauthority of the Supreme Court. The Administrative Director of the\n\nCourts shall assist the Commission with the transfer of any duties\n\ndetermined to be judicial functions. The Director shall contract\n\nwith the Commission to provide support services or personnel needs\n\nnecessary to carry out the purposes of the CEC and shall supervise\n\nthe work of any such personnel as necessary to maintain the CEC as a\n\ncourt of record. The Director shall assist the CEC trial judge and\n\nthe CEC Division of the Court of Civil Appeals as needed and may\n\nexpend funds for personnel, contracts for court reporting, and other\n\nsupport services.\n\nD. The Commission shall maintain the case management and\n\nrecords information technology system of the CEC as part of the\n\nsystem of the Commission and such system shall be utilized by the\n\nCEC trial judge. The Commission shall be entitled to any fees\n\ngenerated for the retrieval of such data. The Director shall enter\n\ninto an agreement with the Commission for the CEC to share in the\n\ncost for annual maintenance attributed to case management,\n\ndocketing, and recordkeeping on behalf of the CEC.\n\nE. The non-CEC case management system, docketing, appellate\n\nrecords, and other records maintained in the normal course of\n\nbusiness of the Court of Civil Appeals shall remain with the\n\nOklahoma Court Information System (OCIS) of the Supreme Court. The\n\nDirector may contract and expend funds as needed to modify the OCIS\n\nto support the CEC trial judge and the CEC Division of the Court of\n\nCivil Appeals.\n\nF. The CEC shall operate by the rules adopted by the Workers’\n\nCompensation Court prior to February 1, 2014. The CEC Division of\n\nthe Court of Civil Appeals shall adopt rules of practice and\n\nprocedure for appeals to the CEC Division.\n\nG. The CEC shall continue as a court of record, with respect to\n\nany matter within the limits of its jurisdiction. Any party to a\n\nhearing on a claim for compensation before the CEC trial judge or\n\nthe CEC Division shall be entitled to the services of a court\n\nreporter. The cost of transcripts shall be borne by the requesting\n\nparty unless otherwise determined by order of the CEC trial judge.\n\nH. The Director shall contract with the Commission for office\n\nand courtroom space for the CEC trial judge. The CEC trial judge\n\nmay hold hearings and other proceedings in facilities provided by\n\nthe Director or the Commission.\n\nI. 1. The CEC trial judge shall be vested with jurisdiction\n\nover all claims filed pursuant to the Workers’ Compensation Code or\ntermined by order of the CEC trial judge.\n\nH. The Director shall contract with the Commission for office\n\nand courtroom space for the CEC trial judge. The CEC trial judge\n\nmay hold hearings and other proceedings in facilities provided by\n\nthe Director or the Commission.\n\nI. 1. The CEC trial judge shall be vested with jurisdiction\n\nover all claims filed pursuant to the Workers’ Compensation Code or\n\nprevious statute in effect on the date of an injury that occurred\n\nbefore February 1, 2014. All claims so filed shall be heard by the\n\njudge sitting without a jury. The CEC trial judge shall have full\n\npower and authority to determine all questions in relation to\n\npayment of claims for compensation under the provisions of the\n\nWorkers’ Compensation Code or previous statute in effect on the date\n\nof an injury that occurred before February 1, 2014.\n\n2. The Commission shall coordinate with the Director to\n\nschedule a docket for hearings on claims for compensation and other\n\nproceedings requested by either party, including all cases pending\n\non the effective date of this act. Hearings on claims for\n\ncompensation and other proceedings may be conducted in person or\n\nremotely at the discretion of the CEC trial judge. The CEC trial\n\njudge may conduct other proceedings on preliminary or supplemental\n\nmatters as needed. If any claim or proceeding is assigned to the\n\nCommission by the CEC trial judge for a preliminary review, the\n\nchair of the Commission may assign the matter to any Commission\n\nadministrative law judge (ALJ), or other hearing officer. Any party\n\nmay present evidence and be represented by counsel before the CEC\n\ntrial judge, the ALJ, or other hearing officer.\n\n3. Upon receipt of the recommendation of the ALJ or other\n\nhearing officer, any party may request a de novo rehearing with the\n\nCEC trial judge or may waive the rehearing. If both parties waive\n\nthe rehearing, any recommendation by the ALJ or other hearing\n\nofficer shall not become a final determination until approved by\n\norder of the CEC trial judge. Only the final order based upon the\n\ndecision of the CEC trial judge shall be appealable.\n\n4. The decision of the CEC trial judge shall be final as to all\n\nquestions of fact and law; provided, the decision of the CEC trial\n\njudge may be appealed to the CEC Division of the Court of Civil\n\nAppeals within ten (10) days or the Supreme Court as provided by the\n\nWorkers’ Compensation Code or previous statute in effect on the date\n\nof an injury that occurred before February 1, 2014. The Commission\n\nshall coordinate with the Director to schedule a docket for hearings\n\non appeals to the CEC Division of the Court of Civil Appeals,\n\nincluding all cases pending on the effective date of this act. The\n\nparties may appeal a decision of the CEC Division to the Supreme\n\nCourt as provided by the Supreme Court rules in the same manner as\n\nfrom the three-judge en banc panel. The decision of the CEC trial\n\njudge shall be issued within thirty (30) days following the\n\nsubmission of the case by the parties. The power and jurisdiction\n\nof the CEC trial judge over each case shall be continuing and he or\n\nshe may, from time to time, make such modifications or changes with\n\nrespect to former findings or orders relating thereto if, in his or\n\nher opinion, it may be justified.\n\nJ. For an injury occurring before February 1, 2014, all\n\nbenefits and procedures to obtain benefits shall be determined by\n\nthe workers’ compensation law of this state in effect on the date of\n\nthe injury.\n\nK. All accrued rights and penalties incurred pursuant to a\n\nfinal order of the CEC trial judge shall be preserved. No accrued\n\nright, penalty incurred, or proceeding begun by virtue of a statute\n\nrepealed by this act shall be abrogated by the terms of this act.\n\nL. 1. On or before July 1 of each year, the Administrator of\n\nthe Commission shall prepare and electronically submit a report for\nnjury.\n\nK. All accrued rights and penalties incurred pursuant to a\n\nfinal order of the CEC trial judge shall be preserved. No accrued\n\nright, penalty incurred, or proceeding begun by virtue of a statute\n\nrepealed by this act shall be abrogated by the terms of this act.\n\nL. 1. On or before July 1 of each year, the Administrator of\n\nthe Commission shall prepare and electronically submit a report for\n\nthe prior calendar year to the Governor, the Chief Justice of the\n\nSupreme Court, the President Pro Tempore of the Senate and the\n\nSpeaker of the House of Representatives which shall include a\n\nstatement of the number of awards made and the causes of the\n\naccidents leading to the injuries for which the awards were made,\n\ntotal work load data of the CEC trial judge, a detailed statement of\n\nthe expenses of the Commission for all administrative duties\n\nperformed on behalf of the CEC, together with any other matter which\n\nthe Commission deems proper to report to the Governor including any\n\nrecommendations he or she may desire to make.\n\n2. On or before July 1 of each year, the Director shall\n\nelectronically submit to the officials listed in paragraph 1 of this\n\nsubsection a report for the prior calendar year which shall include\n\nthe total workload of the CEC Division of the Court of Civil Appeals\n\nand a detailed statement of expenses incurred because of three-judge\n\nen banc panel appeals.\n\nM. Subject to the availability of funds, the Director may enter\n\ninto a contract to employ one part-time attorney to assist parties\n\nwithout representation with duties and assignments to be determined\n\nby the CEC trial judge and Director.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bfd961dba9100c1ebaebbb61982186d29eb5e8cdfe4998a1e0649a70f5b15b92","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-40","next":"us-ok/okla.-stat.-tit.-85a-85a-401"},"notice":"GroundRules: Original legal text. Not legal advice."}
