{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-45","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-45","heading":"Temporary total disability - Temporary partial disability","body":"- Permanent partial disability - Permanent total disability.\n\nA. Temporary Total Disability.\n\n1. If the injured employee is temporarily unable to perform his\n\nor her job or any alternative work offered by the employer, he or\n\nshe shall be entitled to receive compensation equal to seventy\n\npercent (70%) of the injured employee’s average weekly wage, but not\n\nto exceed the state average weekly wage, for one hundred fifty-six\n\n(156) weeks. Provided, there shall be no payment for the first\n\nthree (3) days of the initial period of temporary total disability.\n\nIf an administrative law judge finds that a consequential injury has\n\noccurred and that additional time is needed to reach maximum medical\n\nimprovement, temporary total disability may continue for a period\n\nnot more than an additional fifty-two (52) weeks. Such finding\n\nshall be based upon a showing of medical necessity by clear and\n\nconvincing evidence. An employer shall have the right to recover\n\nany overpayment of temporary total disability payments from a\n\nsubsequent permanent partial disability award if the offset is\n\ndeemed justified by the Oklahoma Workers’ Compensation Commission.\n\n2. When the injured employee is released from active medical\n\ntreatment by the treating physician for all body parts found by the\n\nCommission to be injured, or in the event that the employee, without\n\na valid excuse, misses three consecutive medical treatment\n\nappointments, fails to comply with medical orders of the treating\n\nphysician, or otherwise abandons medical care, the employer shall be\n\nentitled to terminate temporary total disability by notifying the\n\nemployee, or if represented, his or her counsel. If, however, an\n\nobjection to the termination is filed by the employee within ten\n\n(10) days of termination, the Commission shall set the matter within\n\ntwenty (20) days for a determination if temporary total disability\n\ncompensation shall be reinstated. The temporary total disability\n\nshall remain terminated until such time as the employee complies\n\nwith medical orders of the treating physician. Notwithstanding the\n\nprovisions of this paragraph, benefits under this subsection shall\n\nbe permanently terminated by order of the Commission if the employee\n\nis noncompliant or abandons treatment for sixty (60) days, or if\n\nbenefits under this subsection have been suspended under this\n\nparagraph at least two times. The administrative law judge may\n\nappoint an independent medical examiner to determine if further\n\nmedical treatment is reasonable and necessary. The independent\n\nmedical examiner shall not provide treatment to the injured worker,\n\nunless agreed upon by the parties.\n\nB. Temporary Partial Disability.\n\n1. If the injured employee is temporarily unable to perform his\n\nor her job, but may perform alternative work offered by the\n\nemployer, he or she shall be entitled to receive compensation equal\n\nto seventy percent (70%) of the difference between the injured\n\nemployee’s average weekly wage before the injury and his or her\n\nweekly wage for performing alternative work after the injury, but\n\nonly if his or her weekly wage for performing the alternative work\n\nis less than the temporary total disability rate. The injured\n\nemployee’s actual earnings plus temporary partial disability\n\ncompensation shall not exceed the temporary total disability rate.\n\n2. Compensation under this subsection may not exceed fifty-two\ns or her\n\nweekly wage for performing alternative work after the injury, but\n\nonly if his or her weekly wage for performing the alternative work\n\nis less than the temporary total disability rate. The injured\n\nemployee’s actual earnings plus temporary partial disability\n\ncompensation shall not exceed the temporary total disability rate.\n\n2. Compensation under this subsection may not exceed fifty-two\n\n(52) weeks.\n\n3. If the employee refuses to perform the alternative work\n\noffered by the employer, he or she shall not be entitled to benefits\n\nunder subsection A of this section or under this section.\n\nC. Permanent Partial Disability.\n\n1. A permanent partial disability award or combination of\n\nawards granted to an injured worker may not exceed a permanent\n\npartial disability rating of one hundred percent (100%) to any body\n\npart or to the body as a whole. The determination of permanent\n\npartial disability shall be the responsibility of the Commission\n\nthrough its administrative law judges. Any claim by an employee for\n\ncompensation for permanent partial disability must be supported by\n\ncompetent medical testimony of a medical doctor, osteopathic\n\nphysician, or chiropractor, and shall be supported by objective\n\nmedical findings, as defined in the Administrative Workers’\n\nCompensation Act. The opinion of the physician shall include\n\nemployee’s percentage of permanent partial disability and whether or\n\nnot the disability is job-related and caused by the accidental\n\ninjury or occupational disease. A physician’s opinion of the nature\n\nand extent of permanent partial disability to parts of the body\n\nother than scheduled members must be based solely on criteria\n\nestablished by the Sixth Edition of the American Medical\n\nAssociation’s “Guides to the Evaluation of Permanent Impairment”. A\n\ncopy of any written evaluation shall be sent to both parties within\n\nseven (7) days of issuance. Medical opinions addressing\n\ncompensability and permanent disability must be stated within a\n\nreasonable degree of medical certainty. Any party may submit the\n\nreport of an evaluating physician.\n\n2. Permanent partial disability shall not be allowed to a part\n\nof the body for which no medical treatment has been received. A\n\ndetermination of permanent partial disability made by the Commission\n\nor administrative law judge which is not supported by objective\n\nmedical findings provided by a treating physician who is a medical\n\ndoctor, doctor of osteopathy, chiropractor or a qualified\n\nindependent medical examiner shall be considered an abuse of\n\ndiscretion.\n\n3. The examining physician shall not deviate from the Guides\n\nexcept as may be specifically provided for in the Guides.\n\n4. In cases of permanent partial disability, the compensation\n\nshall be seventy percent (70%) of the employee’s average weekly\n\nwage, not to exceed Three Hundred Sixty Dollars ($360.00) per week\n\nwhich shall increase to Three Hundred Seventy-five Dollars ($375.00)\n\nper week on July 1, 2025.\n\n5. Assessments pursuant to Sections 31, 98 and 122 of this\n\ntitle shall be calculated based upon the amount of the permanent\n\npartial disability award.\n\n6. Previous Disability: The fact that an employee has suffered\n\nprevious disability or received compensation therefor shall not\n\npreclude the employee from compensation for a later accidental\n\npersonal injury or occupational disease. In the event there exists\n\na previous permanent partial disability, including a previous non-\n\nwork-related injury or condition which produced permanent partial\n\ndisability and the same is aggravated or accelerated by an\n\naccidental personal injury or occupational disease, compensation for\n\npermanent partial disability shall be only for such amount as was\n\ncaused by such accidental personal injury or occupational disease\n\nand no additional compensation shall be allowed for the preexisting\n\ndisability or impairment. Any such reduction shall not apply to\nal\n\ndisability and the same is aggravated or accelerated by an\n\naccidental personal injury or occupational disease, compensation for\n\npermanent partial disability shall be only for such amount as was\n\ncaused by such accidental personal injury or occupational disease\n\nand no additional compensation shall be allowed for the preexisting\n\ndisability or impairment. Any such reduction shall not apply to\n\ntemporary total disability, nor shall it apply to compensation for\n\nmedical treatment. If workers’ compensation benefits have\n\npreviously been awarded through settlement or judicial or\n\nadministrative determination in Oklahoma, the percentage basis of\n\nthe prior settlement or award shall conclusively establish the\n\namount of permanent partial disability determined to be preexisting.\n\nIf workers’ compensation benefits have not previously been awarded\n\nthrough settlement or judicial or administrative determination in\n\nOklahoma, the amount of preexisting permanent partial disability\n\nshall be established by competent evidence and determined by the\n\nCommission.\n\n7. No payments on any permanent partial disability order shall\n\nbegin until payments on any preexisting permanent partial disability\n\norders have been completed.\n\n8. The whole body shall represent a maximum of three hundred\n\nsixty (360) weeks.\n\n9. The permanent partial disability rate of compensation for\n\namputation or permanent total loss of use of a scheduled member\n\nspecified in Section 46 of this title shall be seventy percent (70%)\n\nof the employee’s average weekly wage, not to exceed Three Hundred\n\nSixty Dollars ($360.00), with an increase to Three Hundred Seventy-\n\nfive Dollars ($375.00) on July 1, 2025, multiplied by the number of\n\nweeks set forth for the member in Section 46 of this title,\n\nregardless of whether the injured employee is able to return to his\n\nor her pre-injury or equivalent job.\n\n10. An injured employee who is eligible for permanent partial\n\ndisability under this subsection shall be entitled to receive\n\nvocational rehabilitation services provided by a technology center\n\nor public secondary school offering vocational-technical education\n\ncourses, or a member institution of The Oklahoma State System of\n\nHigher Education, which shall include retraining and job placement\n\nto restore the employee to gainful employment. Vocational\n\nrehabilitation services or training shall not extend for a period of\n\nmore than fifty-two (52) weeks.\n\nD. Permanent Total Disability.\n\n1. In case of total disability adjudged to be permanent,\n\nseventy percent (70%) of the employee’s average weekly wages, but\n\nnot in excess of the state’s average weekly wage, shall be paid to\n\nthe employee during the continuance of the disability until such\n\ntime as the employee reaches the age of maximum Social Security\n\nretirement benefits or for a period of fifteen (15) years, whichever\n\nis longer. In the event the claimant dies of causes unrelated to\n\nthe injury or illness, benefits shall cease on the date of death.\n\nProvided, however, any person entitled to revive the action shall\n\nreceive a one-time, lump-sum payment equal to twenty-six (26) weeks\n\nof weekly benefits for permanent total disability awarded to the\n\nclaimant. If more than one person is entitled to revive the claim,\n\nthe lump-sum payment shall be evenly divided between or among such\n\npersons. In the event the Commission awards both permanent partial\n\ndisability and permanent total disability benefits, the permanent\n\ntotal disability award shall not be due until the permanent partial\n\ndisability award is paid in full. If otherwise qualified according\n\nto the provisions of the Administrative Workers’ Compensation Act,\n\npermanent total disability benefits may be awarded to an employee\n\nwho has exhausted the maximum period of temporary total disability\n\neven though the employee has not reached maximum medical\n\nimprovement.\nbility award shall not be due until the permanent partial\n\ndisability award is paid in full. If otherwise qualified according\n\nto the provisions of the Administrative Workers’ Compensation Act,\n\npermanent total disability benefits may be awarded to an employee\n\nwho has exhausted the maximum period of temporary total disability\n\neven though the employee has not reached maximum medical\n\nimprovement.\n\n2. The Oklahoma Workers’ Compensation Commission shall annually\n\nreview the status of any employee receiving benefits for permanent\n\ntotal disability against the last employer. The Commission shall\n\nrequire the employee to annually file an affidavit under penalty of\n\nperjury stating that he or she is not and has not been gainfully\n\nemployed and is not capable of gainful employment. Failure to file\n\nsuch affidavit shall result in suspension of benefits; provided,\n\nhowever, reinstatement of benefits may occur after proper hearing\n\nbefore the Commission.\n\nE. 1. The Oklahoma Workers’ Compensation Commission may hire\n\nor contract for a Vocational Rehabilitation Director to oversee the\n\nvocational rehabilitation program of the Commission.\n\n2. Upon the request of either party, an administrative law\n\njudge shall determine if it is appropriate for a claimant to receive\n\nvocational rehabilitation training or services. If appropriate, the\n\nadministrative law judge shall refer the employee to a qualified\n\nexpert for evaluation of the practicability of, need for and kind of\n\nrehabilitation services or training necessary and appropriate in\n\norder to restore the employee to gainful employment. The cost of\n\nthe evaluation shall be paid by the employer.\n\n3. Upon receipt of such report, and after affording all parties\n\nan opportunity to be heard, the administrative law judge shall order\n\nthat any rehabilitation services or training, recommended in the\n\nreport, or such other rehabilitation services or training as the\n\nadministrative law judge may deem necessary, provided the employee\n\nelects to receive such services, shall be provided at the expense of\n\nthe employer. Except as otherwise provided in this subsection,\n\nrefusal to accept rehabilitation services by the employee shall in\n\nno way diminish any benefits allowable to an employee.\n\n4. The administrative law judge may order vocational\n\nrehabilitation before the injured employee reaches maximum medical\n\nimprovement, if the treating physician believes that it is likely\n\nthat the employee’s injury will prevent the employee from returning\n\nto his or her former employment. In granting early benefits for\n\nvocational rehabilitation, the Commission shall consider temporary\n\nrestrictions and the likelihood that such rehabilitation will return\n\nthe employee to gainful employment earlier than if such benefits are\n\ngranted after the permanent partial disability hearing in the claim.\n\n5. Vocational rehabilitation services or training shall not\n\nextend for a period more than fifty-two (52) weeks. A request for\n\nvocational rehabilitation services or training shall be filed with\n\nthe Commission by an interested party not later than sixty (60) days\n\nfrom the date of receiving permanent disability that prevents the\n\ninjured employee from returning to his or her pre-injury or\n\nequivalent position.\n\n6. If rehabilitation requires residence at or near the facility\n\nor institution which is away from the employee’s customary\n\nresidence, reasonable cost of the employee’s board, lodging, travel,\n\ntuition, books and necessary equipment in training shall be paid for\n\nby the insurer in addition to weekly compensation benefits to which\n\nthe employee is otherwise entitled under the Administrative Workers’\n\nCompensation Act.\n\n7. During the period when an employee is actively and in good\n\nfaith being evaluated or participating in a retraining or job\n\nplacement program for purposes of evaluating permanent total\nand necessary equipment in training shall be paid for\n\nby the insurer in addition to weekly compensation benefits to which\n\nthe employee is otherwise entitled under the Administrative Workers’\n\nCompensation Act.\n\n7. During the period when an employee is actively and in good\n\nfaith being evaluated or participating in a retraining or job\n\nplacement program for purposes of evaluating permanent total\n\ndisability status, the employee shall be entitled to receive\n\nbenefits at the same rate as the employee’s temporary total\n\ndisability benefits for an additional fifty-two (52) weeks. All\n\ntuition related to vocational rehabilitation services shall be paid\n\nby the employer or the employer’s insurer on a periodic basis\n\ndirectly to the facility providing the vocational rehabilitation\n\nservices or training to the employee.\n\nF. Disfigurement.\n\n1. If an injured employee incurs serious and permanent\n\ndisfigurement to any part of the body, the Commission may award\n\ncompensation to the injured employee in an amount not to exceed\n\nFifty Thousand Dollars ($50,000.00).\n\n2. No award for disfigurement shall be entered until twelve\n\n(12) months after the injury unless the treating physician deems the\n\nwound or incision to be fully healed.\n\n3. An injured employee shall not be entitled to compensation\n\nunder this subsection if he or she receives an award for permanent\n\npartial disability to the same part of the body.\n\nG. Benefits for a single-event injury shall be determined by\n\nthe law in effect at the time of injury. Benefits for a cumulative\n\ntrauma injury or occupational disease or illness shall be determined\n\nby the law in effect at the time the employee knew or reasonably\n\nshould have known that the injury, occupational disease or illness\n\nwas related to work activity. Benefits for death shall be\n\ndetermined by the law in effect at the time of death.","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":"65ef54b66413c4287213a824a08e1c6219ad9f5280fd505684c4ffed014f3e4a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-44","next":"us-ok/okla.-stat.-tit.-85a-85a-46"},"notice":"GroundRules: Original legal text. Not legal advice."}