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OK SB1378

Bill

Status

Engrossed

3/15/2012

Primary Sponsor

Kris Steele

Click for details

Origin

Senate

2012 Regular Session

AI Summary

SB1378 Summary: Oklahoma Employee Injury Benefit Act

  • Allows employers with 50+ employees, high workers' compensation experience modifiers (>1.00), or significant annual claims (>$50,000) to voluntarily opt out of the Workers' Compensation Code by becoming "qualified employers"

  • Qualified employers must establish a written benefit plan providing medical coverage, wage replacement at 80% of pre-injury pay for up to 156 weeks, permanent disability benefits, and death benefits of up to $200,000

  • Qualified employers gain exclusive remedy protection from lawsuits except for intentional torts, requiring $2,500 annual fee to the Insurance Commissioner and security bonds or insurance ($300,000 minimum)

  • Employers must provide employee notice and compliance with ERISA requirements; benefit plans cannot provide less than Workers' Compensation Code benefits for the same injury

  • Creates framework for dispute resolution through benefit plans and arbitration for intentional tort claims, with specific statute of limitations (2 years) and limitations on attorney fees (20% cap on lost earnings awards)

Legislative Description

Benefits for employee injury; creating the Oklahoma Employee Injury Benefit Act. Effective date.

Insurance

Last Action

Second Reading referred to Judiciary

3/19/2012

Committee Referrals

Judiciary2/7/2012

Full Bill Text

No bill text available