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Workers Compensation Claim Workers Compensation Benefit Overview – Oklahoma Major Developments: Last major legislation in 2004 (SB899), affected indemnity rates, disability rating, medical treatment, medical-legal disputes, penalties, and apportionment. 2007 legislation affects caps on TD and postsurgical treatments. Indemnity Issues Temporary Total Benefits Min $30.00 Max $683 as of 11/01/2008, Waiting period – 3 day waiting period not reimbursed % of Average Weekly Wage: 70% Limited Aggregate of 300 weeks Temporary Partial Benefits Min $30.00 Max - Capped at 80% of AWW prior to injury Paid at 70% of the difference between AWW and earned wages. waiting period – 3 day waiting period not reimbursed Limited– Aggregate of 300 weeks including TTD benefits Permanent Partial Benefits Min $30.00 Max $342.00 as of 11/01/2008 % of Average Weekly Wage: 70% Limited to the scheduled body part Scheduled body parts - AMA – 5th Edition 3 years to re-open from the date of the PPD order or a Form 14 must be filed indicating a change of condition. Permanent Total Benefits Min $30.00 Max $683.00 (same as TTD rate) Once determined to be Permanent Total by court order, paid to death or subsequent determination of no longer Permanent Total. © 2009 The Travelers Companies, Inc. All rights reserved. C E - 1 0 2 0 4 New 8-09 Page 1 of 3 Fatality Benefits Min/Max – Varies depending upon the deceased’s AWW and Funeral Expense: Maximum Funeral Expense (with dependant): $10,000. Maximum Funeral Expense (no dependants): $8,000. Limited: 2 years of TTD benefits paid in a lump sum to spouse upon remarriage. Children up to the age 18 or no longer dependent. If surviving spouse and children immediate lump sum of $100,000 to spouse and $25,000 for one minor child, two minor children or more, $50,000. to be divided equally. If no surviving spouse, but 1 or more surviving minor children, immediate payment of $25,000 per child up to a maximum of $150,000 to be divided equally among children. Weekly benefits: for spouse 70% of TTD rate. Spouse plus children 15% per child, remainder to spouse. 2 years indemnity benefits paid to spouse upon remarriage. Children with no surviving spouse 50% of TTD rate for 1 child, 70% TTD rate for 2 children divided equally, 90% TTD rate for 3 children divided equally, divide TTD rate by number of children if 4 or more. One dependent parent 25% of TTD rate, both dependant parents 50% of TTD rate. Dependent grandparents, grandchildren, or siblings 25% of TTD rate, if more than one dependant, divided equally, subject to the maximum TTD rate of $683. Limitations: termination of benefits upon reaching age 18 or no longer dependent. Maximum per week payout of death benefits not to exceed $683.00. Vocational Rehabilitation Is it required? An employee who has suffered an accidental injury or occupational disease covered by the Act shall be entitled to prompt and reasonable physical rehabilitation services. When, as a result of the injury, the employee is unable to perform the same occupational duties he was performing prior to the injury. What are the benefits? Evaluation and Retraining Settlement Allowed Yes by way of Joint Petition, Compromised Agreement and Court Order Medical Issues Initial Choice of Provider The Employer has choice of Physician within the first 3 days, otherwise, the Injured Worker may indicate personal choice. Change of Provider The Injured Worker may request 1 change of physician per body part Medical Fee Schedule Yes Managed Care Yes Utilization Review No, pre-authorization not necessary © 2009 The Travelers Companies, Inc. All rights reserved. C E - 1 0 2 0 4 New 8-09 Page 2 of 3 Treatment Guidelines Does the state mandate the use of evidence based guidelines? Jurisdictional guidelines are used if available. If so, which one? Depending on body part. Official Disability Guideline, Official Treatment Guideline, or ACOEM Medical Mileage Reimbursement Rate The injured worker is reimbursed for mileage outside of city limits. The current rate as of 01/01/09 is $.505 Ability to Terminate Medical Treatment If not reasonable and necessary. Can be terminated by Adjuster or by Judge with utilization of objective findings (IME / Court Ordered IME). Settlement Allowed Yes, Medical can be settled by way of a Joint Petition Cap on benefits, exceptions As of 11/01/05, disfigurement cap is $50,000. Other Issues Staff Counsel Panel counsel only (Looney, Nichols, & Johnson - Perrine McGivern Law Firm- McGivern Law Firm (Jim Filosa and Karen McGivern Curthoys only) Hearings require attorney or claim handler participation Attorney representation at Preheating Conferences and Trials. Adjusters may be required to attend settlement conferences at the request of the Trial Judge. Occupational Diseases Only that disease or illness which is due to causes conditions characteristic or of peculiar to the particular trade, occupation, process or employment in which the employee is exposed to such disease. Second Injury Fund availability Multiple Injury Trust Fund (Created 11/01/99) ( Reinstated as of 11/01/05) Other Offset Opportunities Apportionment, Subrogation State workers compensation website link: http://www.owcc.state.ok.us/index.htm The Travelers Indemnity Company and its property casualty affiliates One Tower Square Hartford, CT 06183 travelers.com This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers. It is not a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law. Availability of coverage referenced in this document can depend on underwriting qualifications and state regulations. © 2009 The Travelers All rights Inc. All rights reserved. E-1 204 © 2009 The Travelers Companies, Inc. 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