{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-71","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-71","heading":"Notice - Investigation and hearing - Evidence and","body":"construction.\n\nA. Notice. Within ten (10) days after a claim for compensation\n\nhas been filed, the Workers' Compensation Commission shall notify\n\nthe employer and any other interested person of the filing of the\n\nclaim.\n\nB. Hearing.\n\n1. The Commission shall assign the claim to an administrative\n\nlaw judge who shall hold a hearing on application of any interested\n\nparty, or on its own motion.\n\n2. An application for a hearing shall clearly set forth the\n\nspecific issues of fact or law in controversy and the contentions of\n\nthe party applying for the hearing.\n\n3. If any party is not represented by a lawyer, the\n\nadministrative law judge shall define the issues to be heard.\n\n4. If a hearing on the claim is ordered, the administrative law\n\njudge shall give the claimant and other interested parties ten (10)\n\ndays' notice of the hearing served personally on the claimant and\n\nother parties, or by registered mail, facsimile, electronic mail or\n\nby other electronic means with receipt of confirmation. The hearing\n\nmay be held in any county of this state, as determined by the\n\nCommission. No hearing or trial shall be continued absent\n\nextraordinary circumstances as determined by the Commission.\n\n5. The award, together with the statement of the findings of\n\nfact and other matters pertinent to the issues, shall be filed with\n\nthe record of the proceedings, and a copy of the award shall\n\nimmediately be sent to the parties in or to counsels of record, if\n\nany.\n\nC. Evidence and Construction.\n\n1. a. At the hearing the claimant and the employer may each\n\npresent evidence relating to the claim. Evidence may\n\nbe presented by any person authorized in writing for\n\nsuch purpose. The evidence may include verified\n\nmedical reports which shall be accorded such weight as\n\nmay be warranted when considering all evidence in the\n\ncase.\n\nb. Any determination of the existence or extent of\n\nphysical impairment shall be supported by objective\n\nand measurable physical or mental findings.\n\n2. When deciding any issue, administrative law judges and the\n\nCommission shall determine, on the basis of the record as a whole,\n\nwhether the party having the burden of proof on the issue has\n\nestablished it by a preponderance of the evidence.\n\n3. Administrative law judges, the Commission, and any reviewing\n\ncourts shall strictly construe the provisions of this act.\n\n4. In determining whether a party has met the burden of proof\n\non an issue, administrative law judges and the Commission shall\n\nweigh the evidence impartially and without giving the benefit of the\n\ndoubt to any party.\n\nD. Judgment. The judgment denying the claim or making the\n\naward shall be filed in the office of the Commission, and a copy\n\nshall be sent by registered mail, facsimile, electronic mail or by\n\nother means with receipt of confirmation to the claimant and to the\n\nemployer or to their attorneys.\n\nE. No compensation for disability of an injured employee shall\n\nbe payable for any period beyond his or her death; provided,\n\nhowever, if an injured employee is awarded compensation for\n\npermanent partial disability by final order and then dies, a revivor\n\naction may be brought by the injured employee's spouse, minor child\n\nor children under a disability as defined by Section 67 of this\n\ntitle, but limited to the number of weeks of disability awarded to\n\nthe injured employee minus the number of weeks of benefits paid for\n\nthe permanent partial disability to the injured worker at the time\n\nof the death of the injured employee. An award of compensation for\n\npermanent partial disability may be made after the death of the\n\ninjured employee. Such revivor action may be brought only by the\n\ninjured employee's spouse, minor child or children under a\n\ndisability as defined by Section 67 of this title.","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":"425126de87b33b43a46bb6c33a9df90d76459fa3e9aa31c1eb9ae998ccd8cd32","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-70","next":"us-ok/okla.-stat.-tit.-85a-85a-72"},"notice":"GroundRules: Original legal text. Not legal advice."}