NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
The Oklahoma Workers’ Compensation Commission has unanimously agreed with the administrative law judge that there is a minimum statute of limitations of one (1) year from the date of injury to file a claim.
85A O.S. 69(A)(1) provides that a claim shall be barred unless filed within one (1) year of the date of injury. The second part of the statute, after the word “or” states that if a claimant has received benefits, the statute of limitation is six (6) months after the payment of benefits. In Erasmo Paredes v. Schulumberger Technology Group, the respondent argued the employer provided three (3) months of benefits after the injury and the statute of limitations ran six (6) months after payment of benefits, therefore, shortening the original statute of limitations to nine (9) months from the date of injury.
The claimant filed a claim ten (10) months after the injury. The Workers’ Compensation Commissioners found that the statute of limitations is the greater of the two independent statute of limitations provisions. The opinion found the word “or” is used to express an alternative statute of limitations, with the claimant receiving the benefit of whichever of those is longer.