Appealing a Denied Workers' Comp Claim in Oklahoma

A claim is started by filing an Employee's First Notice of Claim for Compensation with the Workers' Compensation Commission, generally within one year of the injury; if the employer contests it, any party may request a prehearing conference or hearing before an administrative law judge. A claim may be dismissed on the employer's motion if the worker does not make a good-faith hearing request, or receive or seek benefits, within six months. An administrative law judge's decision can be appealed to the full Commission within 10 days of issuance ($175 fee), and a Commission decision can be taken to the Oklahoma Supreme Court within 20 days of being sent to the parties.

A party can appeal an administrative law judge's decision to the full Workers' Compensation Commission within 10 days of issuance (filing fee $175). The Commission may reverse or modify only if the decision was against the clear weight of the evidence or contrary to law. A Commission decision can be taken to the Oklahoma Supreme Court within 20 days of being sent to the parties.

A claim for an injury must be filed with the Workers' Compensation Commission within one year from the date of injury or, if the worker has received benefits, within six months from the date the last benefits were issued. Occupational disease claims generally must be filed within two years of the last injurious exposure, and death claims within two years of the death. If a timely claim is filed but the worker does not request a hearing within six months, or does not receive or seek benefits for six months, the employer can move to have the claim dismissed.