Oklahoma HB 2239: Workers' compensation; extending Workers' Compensation Court of Existing Claims; emergency.

Bill Text

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STATE OF OKLAHOMA

2nd Session of the 58th Legislature (2022)

COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2239 By: May of the House

and

Daniels of the Senate

COMMITTEE SUBSTITUTE

[ workers’ compensation – Workers’ Compensation Court
of Existing Claims –
emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, Section 400, is
amended to read as follows:
Section 400. A. The Workers’ Compensation Court shall be
renamed the Workers’ Compensation Court of Existing Claims for the
purpose of hearing disputes relating to claims that arise before
February 1, 2014. The Court shall consist of the existing judges
for the remainder of his or her term. Each judge of the Court shall
continue to serve as the appointment to a designated position on the
Court. The terms of the judges by position number shall expire on
the following dates:
Position 4 shall expire 7-1-20.
Position 5 shall expire 7-1-20.

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Position 8 shall expire 7-1-20.
Position 9 shall expire 7-1-20.
B. Effective July 1, 2020, the The Workers’ Compensation Court
of Existing Claims shall consist of one judge to be appointed by the
Governor, with confirmation by the Senate. The judge shall be
appointed for a term to expire on July 1, 2022 2023. For the
purpose of continued operation of the Court of Existing Claims until
July 1, 2027, the existing judge on the effective date of this act
shall continue to serve, with the term to expire on July 1, 2027.
The Governor shall select the judge from a list of three applicants
submitted to the Governor by the Judicial Nominating Commission. If
the list is not acceptable to the Governor, the Governor may request
from the Judicial Nominating Commission a list of names of three
additional applicants. Any present judge of the Court of Existing
Claims may apply to the Judicial Nominating Commission for
appointment to fill any position authorized by this section.
C. A judge may be removed for cause by the Court on the
Judiciary prior to the expiration of his or her term.
D. Each judge shall receive a salary equal to that paid to a
district judge of this state, and shall devote full time to his or
her duties and shall not engage in the private practice of law
during the term in office.
E. If a vacancy occurs on the Court of Existing Claims, the
Governor shall appoint a judge to serve the remainder of the term

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from a list of three applicants submitted to the Governor by the
Judicial Nominating Commission, with confirmation of the State
Senate. If the list is not acceptable to the Governor, the Governor
may request from the Judicial Nominating Commission a list of the
names of three additional applicants.
F. 1. Effective January 1, 2020, the The Governor shall
appoint an Administrator of the Court of Existing Claims, who shall
serve at the pleasure of the Governor. The Administrator shall be
appointed by the Governor with the advice and consent of the Senate.
The compensation for the Administrator shall be set at ninety
percent (90%) of the compensation of a district court judge.
2. The Administrator shall employ and supervise the work of
employees of the Court and shall have the authority to expend funds
and contract on behalf of the Court. The Administrator may contract
with the Workers’ Compensation Commission to provide support
services or personnel needs necessary to carry out the purposes of
the Court and shall supervise the work of any such personnel as
necessary to maintain the Court as a Court of Record.
G. The Court of Existing Claims shall contract with the
Workers’ Compensation Commission to integrate its case management
and records Information Technology System into the system of the
Workers’ Compensation Commission with such integration to be
completed on or before July 1, 2022. The Court shall be entitled to
any fees generated for the retrieval of such data.

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H. The Court shall operate by the rules adopted by the Workers’
Compensation Court prior to February 1, 2014.
I. The Court is hereby designated and confirmed as a court of
record, with respect to any matter within the limits of its
jurisdiction, and within such limits the judges thereof shall
possess the powers and prerogatives of the judges of the other
courts of record of this state including the power to punish for
contempt those persons who disobey a subpoena, or refuse to be sworn
or to answer as a witness, when lawfully ordered to do so.
J. The principal office of the Court shall be situated in the
City of Oklahoma City in quarters assigned by the Office of
Management and Enterprise Services. The Court may hold hearings in
any city of this state.
K. All county commiss