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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 85A. WORKERS' COMPENSATION

  § 85A-71. Notice - Investigation and hearing - Evidence and Construction.  

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  • A.  Notice.  Within ten (10) days after a claim for compensation has been filed, the Commission shall notify the employer and any other interested person of the filing of the claim.

    B.  Investigation - Hearing.

    1.  The Commission shall assign the claim to an administrative law judge who shall hold a hearing on application of any interested party, or on its own motion.

    2.  An application for a hearing shall clearly set forth the specific issues of fact or law in controversy and the contentions of the party applying for the hearing.

    3.  If any party is not represented by a lawyer, the administrative law judge shall define the issues to be heard.

    4.  If a hearing on the claim is ordered, the administrative law judge shall give the claimant and other interested parties ten (10) days' notice of the hearing served personally on the claimant and other parties, or by registered mail.  The hearing shall be held in Tulsa or Oklahoma County, as determined by the Commission.

    5.  The award, together with the statement of the findings of fact and other matters pertinent to the issues, shall be filed with the record of the proceedings, and a copy of the award shall immediately be sent to the parties in or to counsels of record, if any.

    C.  Evidence and Construction.

    1.a.              At the hearing the claimant and the employer may each present evidence relating to the claim.  Evidence may be presented by any person authorized in writing for such purpose.  The evidence may include verified medical reports which shall be accorded such weight as may be warranted when considering all evidence in the case.

    b.Any determination of the existence or extent of physical impairment shall be supported by objective and measurable physical or mental findings.

    2.  When deciding any issue, administrative law judges and the Commission shall determine, on the basis of the record as a whole, whether the party having the burden of proof on the issue has established it by a preponderance of the evidence.

    3.  Administrative law judges, the Commission, and any reviewing courts shall strictly construe the provisions of this act.

    4.  In determining whether a party has met the burden of proof on an issue, administrative law judges and the Commission shall weigh the evidence impartially and without giving the benefit of the doubt to any party.

    D.  Judgment.  The judgment denying the claim or making the award shall be filed in the office of the Commission, and a copy shall be sent by registered mail to the claimant and to the employer or to their attorneys.

    E.  No compensation for disability of an injured employee shall be payable for any period beyond his or her death; provided, however, an award of compensation for disability may be made after the death of the injured employee for the period of disability preceding death.

Added by Laws 2013, c. 208, § 71, eff. Feb. 1, 2014.