Okla. Admin. Code § 810:10-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 810:10-1-4 - Reporting injuries or deaths

(a)Employer's first report of injury.

(1) Within ten (10) days after the date of receipt of notice or of knowledge of death or injury which results in the loss of time beyond the shift or which requires medical attention away from the work site the employer shall file a CC-Form-2 Employer's First Notice of Injury with the Commission or effective on or after the mandatory EDI implementation date, the claim administrator shall file a FROI with the Commission via EDI.

(2) The report shall contain the information required by 85A O.S. § 63 and any additional information prescribed by the Commission.

(3) Failure or refusal of an employer to comply with the reporting requirements of this Section may subject the employer to sanctions prescribed in 85A O.S. § 63.

(b)Employer's First or Subsequent Report of Injury.

(1) Each employer is required by 85A O.S. § 86 to file a report of controversion, if intending to controvert, within fifteen (15) days of notice or knowledge of injury. Employer, if intending to controvert, shall do so by filing the CC-Form-2A Employer's Intent to Controvert Claim or, effective on or after the mandatory EDI implementation date, by the claim administrator submitting the appropriate FROI and/or SROI filings as provided in the Oklahoma Workers' Compensation Commission EDI Implementation Guide.

(2) A CC-Form-2A Extension is submitted to request an extension to investigate compensability of the claim. Effective on or after the mandatory EDI implementation date, a FROI UI (under investigation) or SROI UI (under investigation) shall be filed to request such extension. The request must be submitted within the fifteen (15) days after notice of the injury, or by such later date as fixed by the Commission, in its discretion. The extension shall be deemed granted upon request, and extends the filing deadline for a standard time period of thirty (30) days from the original due date of the CC-Form-2A or FROI or SROI, as applicable, for a total of forty-five (45) days from the date of the employer's notice or knowledge of injury/death. The Commission reserves the right to alter the extension period and may audit extension requests.

(3) Effective on or after the mandatory EDI implementation date, the claim administrator, if not controverting, shall report first payment of benefits on either a FROI or SROI within fifteen (15) days of notice or knowledge of injury, in accordance with the Oklahoma Workers' Compensation Commission EDI Implementation Guide.

(c)Employer's Subsequent Report of Injury, Report of Compensation Paid .

(1) Effective on or after the mandatory EDI implementation date, the claim administrator shall, within fifteen (15) days of the initial payment of a benefit, change in benefit amount, change in benefit type, reinstatement of a benefit or suspension of a benefit, file a SROI reporting such initial payment, change, suspension or reinstatement and the reason therefore.

(2) Within thirty (30) days of making the final payment of compensation, including payments made for medical treatment, the employer shall file a CC-Form-4. Effective on or after the mandatory EDI implementation date, the claim administrator shall file a SROI FN (Final) reporting such final payment.

(3) Effective on or after the mandatory EDI implementation date, the claim administrator shall file a sub-annual report (SROI SA) every 6 months for every indemnity or medical only claim where indemnity and/or medical benefits were paid during the reporting year. For ongoing claims, reports are due six months from the date of injury and every six months following. If the claim is closed prior to the initial six months from when the SROI SA (Sub-Annual) is due, a SROI FN (Final) shall be filed.

(d)Additional reporting requirements. Reports or additional reports with respect to the death, injury and of the condition of the employee shall be sent by the employer to the Commission at such time and in such manner as the Commission may prescribe.

(e)Evidentiary effect of reports. Any report provided pursuant to this Section shall not be evidence of any fact stated in the report in any proceeding with respect to the injury or death for which the report is made.

Okla. Admin. Code § 810:10-1-4

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018