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 Supreme Court issued an opinion with major ramifications on workers' compensation on September 9, 2025. The case is OBI
Holding v. Schultz-Butzback, 2025 OK 55. The case clarifies Title 85A O.S. §69
(A)(4)(b) the Statue of Repose for a workers’ compensation claims.
The text of 85A §69 (A)(4) states:
If a claim for benefits has been timely filed under
paragraph 1 of this subsection and the employee does not:
a. A. Make a
good-faith request for a hearing to resolve a dispute regarding the right to
receive benefits, including medical treatment, under this title within six
(6) months of the date the claim is filed, or
b. B. receive or seek benefits, including medical
treatment, under this title for a period of six (6) months,
then on a motion by the employer, the claim shall
be dismissed with prejudice.
The ALJ’s and Commission had incorrectly interpreted the Statue
that if subsection (a) was satisfied then subsection (b) was not applicable.
The Supreme Court held that both provisions of the Statue
shall be satisfied. They highlighted two
distinct time periods in which an Employer make seek dismissal of a claim. The Court found the Statue requires an Employee
to actively pursue their claim by receiving or seeking benefits during any
period of six (6) months throughout the life of the claim. An Employee’s failure to receive or seek
benefits for any six (6) months triggers the Employer’s right to move for
dismissal of the claim with prejudice.