Oklahoma HB 4146: Workers' compensation; Workers' Compensation Employee Notification Amendments Act of 2022; effective date.

Bill Text

HB4146 FULLPCS1 Stan May-MAH
2/16/2022 2:11:33 pm
AMEND TITLE TO CONFORM TO AMENDMENTS

Amendment submitted by: Stan May
Adopted: _____________________________

______________________________________
Reading Clerk

COMMITTEE AMENDMENT
HOUSE OF REPRESENTATIVES
State of Oklahoma

SPEAKER:

CHAIR:

I move to amend HB4146
Of the printed Bill
Page Section Lines
Of the Engrossed Bill

By striking the Title, the Enacting Clause, the entire bill, and by
inserting in lieu thereof the following language:

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STATE OF OKLAHOMA

2nd Session of the 58th Legislature (2022)

PROPOSED COMMITTEE
SUBSTITUTE
FOR
HOUSE BILL NO. 4146 By: May

PROPOSED COMMITTEE SUBSTITUTE

An Act relating to workers' compensation; amending
85A O.S. 2021, Section 115, which relates to joint
petition settlements; imposing duty on employer to
provide notice to employee; specifying type of
notice; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, Section 115, is
amended to read as follows:
Section 115. A. If the employee and employer shall reach an
agreement for the full, final and complete settlement of any issue
of a claim pursuant to this act, a form designated as "Joint
Petition" shall be signed by both the employer and employee, or
representatives thereof, and shall be approved by the Workers'
Compensation Commission or an administrative law judge, and filed
with the Workers' Compensation Commission. In cases in which the
employee is not represented by legal counsel, the Commission or an

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administrative law judge shall have jurisdiction to approve a full,
final and complete settlement of any issue upon the filing of an
Employer's First Notice of Injury. There shall be no requirement
for the filing of an Employee's First Notice of Claim for
Compensation to effect such settlement in cases in which the
employee is not represented by legal counsel.
B. In the event all issues of a claim are not fully, finally
and completely settled by a Joint Petition, the issues not settled
by the parties and subject to the Commission's continuing
jurisdiction must be noted by appendix to the Joint Petition or on a
form created for such purpose by the Commission. The appendix must
be signed by the parties and approved by the Commission as set forth
herein.
C. In the absence of fraud, a Joint Petition shall be deemed
binding upon the parties thereto and a final adjudication of all
rights pursuant to this title or the workers' compensation law in
effect at the time of the injury or final order of the Workers'
Compensation Commission. An official record shall be made by an
official Commission reporter of the testimony taken to effect the
Joint Petition.
D. A good-faith effort shall be made on the part of any
insurance carrier or group self-insured plan to notify an insured
employer of the possibility of and terms of any settlement of a
workers' compensation case pursuant to this section. Written

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comments or objections to settlements shall be filed with the
Commission and periodically shared with the management of the
applicable insurer. A written notice shall be made to all
policyholders of their right to a good-faith effort by their insurer
to notify them of any proposed settlement, if the policyholder so
chooses.
E. An employer shall provide notice to an employee, either by
mail to the last-known address as reflected in the employer's
records or by email using an address provided by the employee of any
applicable deadline for the employee to file a claim pursuant to the
provisions of the Administrative Workers' Compensation Act or to
file a claim in the event a settlement is not reached between the
employer and the employee.
SECTION 2. This act shall become effective November 1, 2022.

58-2-10576 MAH 02/16/22