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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 36. INSURANCE

  § 36-924.4. Affidavit of exempt status - Presumption that employee is not covered by Workers' Compensation Act - Providing false information - Penalty - Revolving fund.  

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  • A.  Any person who is not required to be covered under a workers' compensation insurance policy or other plan for the payment of workers' compensation may execute an Affidavit of Exempt Status under the Workers' Compensation Act.  The affidavit shall be a form prescribed by the Insurance Commissioner.  The affidavit shall be available on the web site of the Insurance Department.

    B.  Execution of the affidavit shall establish a rebuttable presumption that the executor is not an employee for purposes of the Workers' Compensation Act and that an individual or company possessing the affidavit is in compliance and therefore shall not be responsible for workers' compensation claims made by the executor.

    C.  Except as otherwise provided in Section 314 of Title 85 of the Oklahoma Statutes, the execution of an affidavit shall not affect the rights or coverage of any employee of the individual executing the affidavit.

    D.  1.  Knowingly providing false information on a notarized Affidavit of Exempt Status Under the Workers' Compensation Act shall constitute a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

    2.  Affidavits shall conspicuously state on the front thereof in at least ten-point, bold-faced print that it is a crime to falsify information on the form.

    3.  The Insurance Commissioner shall immediately notify the Workers' Compensation Fraud Unit in the Office of the Attorney General of any violations or suspected violations of this section.  The Commissioner shall cooperate with the Fraud Unit in any investigation involving affidavits executed pursuant to this section.

    E.  Application fees collected pursuant to this section shall be deposited in the State Treasury to the credit of the State Insurance Commissioner's Revolving Fund.

Added by Laws 2006, c. 264, § 75, emerg. eff. June 7, 2006.  Amended by Laws 2009, c. 177, § 1, eff. Nov. 1, 2009; Laws 2010, c. 222, § 7, eff. Nov. 1, 2010; Laws 2012, c. 44, § 1, eff. Nov. 1, 2012.