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Oklahoma Opt Out Provision
Presented By: James Gallen
Member (314) 552-4012
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•Provide Proper Notice
•Establish a Written Benefit Plan
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•At the time of hire or time of designation as a qualified employer notice shall be given:
•That It Is A Qualified Employer
•That It Does Not Carry Workers’ Compensation Insurance Coverage and
•That Such Coverage Has Terminated Or Been Cancelled
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•The Benefit Plan shall provide for payment of the same forms of benefits included in the Administrative Workers' Compensation Act
•for temporary total disability
•temporary partial disability
•permanent partial disability
•vocational rehabilitation
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•permanent total disability,
•disfigurement,
•amputation or permanent total loss of use of a scheduled member,
•death and medical benefits as a result of an occupational injury,
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•on a no-fault basis, with the same statute of limitations, and with dollar, percentage, with the same statute of limitations,
•and with dollar, percentage, and duration limits that are at least equal to or greater than the dollar, percentage, and duration limits contained in Sections 45, 46 and 47 of this act.
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The standards for determination of average weekly wage, death beneficiaries, and disability under the Administrative Workers' Compensation Act shall apply under the Oklahoma Employee Injury Benefit Act
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No other provisions of W/C Act apply including:
•Definitions of covered injuries,
•medical management,
•dispute resolution or other process,
•funding, notices or penalties
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•May provide for lump-sum payouts that are,
•as reasonably determined by the administrator of such plan appointed by a qualified employer,
• actuarially equivalent to expected future payments
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A Bargain Broken?
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MISSOURI ALLIANCE FOR RETIRED AMERICANS, et al., vs. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, DIVISION OF WORKERS' COMPENSATION
277 S.W.3d 670; 2009 Mo. LEXIS 18; 28 I.E.R. Cas. (BNA) 1430
Florida Workers’ Advocates and Workers’ Injury Law Group vs. State of Florida
Dade County Circuit Court
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