ADVISORY COUNCIL ON WORKERS' COMPENSATION 8sA O.S. S 121

- NOTICE OF SPECIAL MEETING MICHAELD. CARTER Chairman The Advisory Council on Workers' Compensation will hold a special l0l N. Robinson 13th Floor City, OK 73102 meeting via Zoom Teleconference on Thursday, February 25,2021, at mdcarter@phillipsmurrah. com 2:00 p.m. (40s) 23s-4100 https : //zoom. u s/i /95 63 07 9 4319 ? ANGELA R. LEBLANC Password : UGs 1 TXplQXhLcEFSTnlHRDd3R3pvZzO9 Vice-Chair 10601 N. Pennsylvania Avenue or Oklahoma City, OK 73120 1 (346) 248-7799, Meeting ID: 956 3079 4319, Password: 1234 aneela. Ieb [email protected] (4Os) 302-6712

JIM C. CI]RRY 501 N.E.276 AGENDA Oklahoma City, OK 73105 1. Call to order. [email protected] (40s) s28-2409 2. Roll call and determination of quorum present. JONATHAN D. BUXTON 6301 N. Westem Ave., STE 250 Oklahoma City, OK 73118 Chairman Carter will appear remotely yiaZoom teleconference. ibuxton@xlcrle gal. com (40s)702-9900 Angela LeBlanc will appear remotely viaZoom teleconference. Jim Curry will appear remotely viaZoomteleconference. BRYCE A. HILL 1511 S. Delaware Avenue Jonathan Buxton will appear remotely viaZoom teleconference. Tulsa, OK 74104-5234 Bryce Hill will appear remotely viaZoom teleconference. [email protected] (918) s84-2889 Becky Robinson will appear remotely viaZoom teleconference. Dr. Wienecke will appear remotely viaZoom teleconference. BECKYROBINSON 7707 SW 446 Street Sterling Zearley will appear remotely viaZoom teleconference. Oklahoma City, OK73179 Becky. robinson@hobbvlobbv. com (40s) 74s-l 100 3. Recognize WCC Chairman forroll call and determination of WCC quorum present. ROBERT J. WIENECKE, M.D. 4120 Memorial Road, Suite 300 Oklahoma City, OK 73120 4. Announcementsand Introductions. wieneckerobert@ smail. com (40s) 748-3300 5. Discussion and possible action concerning November 5, 2020, STERLING ZEARLEY 13 N.E. 28h Street minutes for the special meeting of the Advisory Council Oklahoma City, OK 73105. Committee. [email protected] (40s) s24-6764 6. Discussion regarding COVID-I9 and its effect on WCC cases and EX OFFICIO NONVOTING MEMBER hearings currently and in the future.

MARKLIOTTA Chairman 7 . Discussion regarding the 2021Legislative Session. Workers' Compensation Commrssion 1915 N. Stiles Avenue Oklahoma City, OK 73105 8. Discussion regarding additional recruitment of specialty (405) 522-3222 physicians to serve as WCC independent medical examiners. +*++**+ +** **+ ********* ****** 9. Discussion and possible action regarding the2020 Annual Report.

10. The next Advisory Council Meeting will be on Thursday, March 4,2021 at2:00 p.m.

I l. Adjournment of the Advisory Council and the WCC. Bill Status Report

fi- n,tio, in the date ,",1"'-@f ii; l"';!iri!, rnrormation ( ) - priority

HB 2026 O'Donnell, Terry(R) Workers' compensation; definitions; effective date. Track Name(s)t Workers' Compensation

Bill History: 01-20-21 H Filed

HB 2749 McEntire, Marcus(R) Workers' compensation; Oklahoma Workers Compensation Laws Amendments Act of 2021; effective date. Track Name(s)t Workers' Compensation

Bill Historyt Ot-2t-21H Filed

HB 2150 McEntire, Marcus(R) Workers' compensation; Oklahoma Workers' Compensation Laws Amendments Act of 2021; effective date. Track Name(s): Workers' Compensation : : Bill History: o]--2L-21 HFiled

HB 2151 McEntire, Marcus(R) Workers' compensation; Oklahoma Workers' Compensation Policy Act of 2021; effective date. Track Name(s)t Workers' Compensation Bill History:

HB 2153 McEntire, Marcus(R) Workers' compensation ; Oklahoma Workers' Compensation Policy Act of 2027; effective date, Track Name(s): Workers' Compensation Bill History:

HB 2236 May, Stan(R) Workers'compensation; fraud; income reporting; effective date. Track Name(s): Workers' Compensation BiI I History:,1r0Ir2tr121,,,H;.filed,

HB 2239 May, Stan(R) Workers' compensation; establishing a presumption regarding occupational disease; emergency. Track Name(s)t Workers' Compensation

HB 2255 Hilbert, Kyle(R) Workers' compensation; premium reduction; work-based learning employers; reports; study; training agreements; effective date. Track Name(s): Workers' Compensation

: I :::

HB 2276 West, Josh(R) Workers' compensation; mental illness or injury; volunteer firefighters group insurance; effective date. Track Name(s)t Workers' Compensation BitI History: Ul*2i'21H..Fil ;....,'l"""'

HB 2384 Sterling, Danny(R) Workers'compensation; premium reduction; work based learning employers; reports; study; training agreements; Track Name(s): Workers' Compensation .,

HB 2533 Kannady, Chris(R) Workers'compensation; Oklahoma Workers' Compensation Policy Review Act of 2021; effective date. Track Name(s): Workers' Compensation Bill Historyt ;,01,i2.1.$H,filed -.: - , r::"=

HB 2535 Kannady, Chris(R) Workers'compensation; Oklahoma Workers' Compensation Law and Policy Review Act of 2021; effective date. Track Name(s); Workers' Compensation

HB 2786 Pfeiffer, John(R) State revenue administration; State Revenue and Tax Administration Workers' Compensation Act; effective date. Track Name(s)t Workers' Compensation Bill History: ,,01*e,l'21 HiFlled

HB 2789 Pfeiffer, John(R) Workers' compensation; Oklahoma Workers' Compensation Law and Policy Act of 2O2l; effective date. Track Name(s): Workers' Compensation Bill Historyt riqq,'.., - ".ol;2irli'H ...., .,- ,,.- ": sB 324 Daniels, Julie(R) Makes employee injuries arising as a substantially certain result of employer conduct compensable under Workers' Compensation and excludes such circumstances from being considered an intentional tort in certain cases. Track Name(s): Workers' Compensation Bill History: 01-08-21 s riled

SB 330 Rader, Dave(R) Removes requirements that the Tax Commission determine and transmit in writing the fund balance of the Self-Insurance Guaranty Fund at specific times each year and upon request by the Workers' Compensation Commission; EMERGENCY. Track Name(s); Workers' Compensation

Bill Historyt 01-11-21 S Filed,,,,, '

SB 369 David, Kim(R) Extends workers' compensation benefits provided to the spouse of a deceased person even upon that person's remarriage if the death occurred in the course and scope of employment as a law enforcement officer or firefighter. Track Name(s): Workers' Compensation

Bill History: 01-12-21 S Filed

SB 472 Daniels, Julie(R) Provides funds for the Workers' Compensation Court of Existing Claims for FY-2O22, and for as long as the Court exists, allocates one judge and an at-will employee to the Court to assist the judge if funds are so available; EMERGENCY. Track Name(s): Workers' Compensation

Bill History; i.Q,f,.;"1.fl12.1 Fifed, ,:;; .S ':, ,

SB 524 Quinn, Marty(R) Removes the exemption for CompSource Mutual from Joint Underwriting, Joint Reinsurance Pool, and Residual Market Activities provisions, and directs the Insurance Commissioner to develop and administer an assigned risk workers' comp plan. Track Name(s); Workers' Compensation

Bill Historyt o1-20-ri s Fited

SB 604 Rader, Dave(R) Removes requirements that the Tax Commission determine the fund balance of the Self-insurance Guaranty Fund at certain times each year and upon request by the Workers Compensation Commission. Track Name(s)t Workers' Compensation Bill History:

SB 555 Thompson, Roger(R) Places responsibility for the Firefighter Group Insurance Pool under OMES and establishes provisions for healthcare coverage and workers' compensation to first responders suffering from post-traumatic stress disorder. Track Name(s): Workers' Compensation

Bill History: OL-?L-ZL S Filed

SB 975 Dahm, Nathan(R) Advisory Council on Workers' Compensation; repealing provisions. Effective date. Track Name(s): Workers' Compensation

Bill History: 01-21-21 S Filed

SB 983 Bullard, David (F)(R) Workers' compensation ; authorizing certain premium reduction for employer participation in certain program. Effective date. Track Name(s); Workers' Compensation

Bill History: OL-2L-2L S Filed sB 1013 Daniels, Julie(R) Workers' compensation compliance investigations; authorizing confidentiality of certain litigation files. Emergency. Track Name(s)t Workers' Compensation Bill History;

Copyright @ 2021. LegisOK. All Rights Reserved. ADVISORY COUNCIL ON WORKERS' COMPENSATION 85A O.S. S 12r

MICIIAEL D. CARTER Chairman February 25,2021 l0l N. Robinson l3th Floor Oklahoma City, OK 73102 [email protected] (40s) 2354100 The Honorable J. AIT{GEII\ R" LEBLANC Governor, State of Oklahoma Vice-Chair 10601 N. Perursylvania Avenue State Capitol, Room 212 Oklahoma City, OK 73120 Oklahoma City, OK 73105 aneda- leblanc@lovcs. com (40s)302-6712 The Honorable Richard Darby JIM C. CTJRRY 501 N.E.270 Chief Justice, Oklahoma City, OK 73105 2100 N. Lincoln Blvd., Suite 4 [email protected] (40s) s28-2409 Oklahoma City, OK 73105

JONATHAII D. BUXTON 100 Park Ave., Suitc 500 The Honorable OktahomaCity, OK73l02 President Pro Tempore of ttre Senate i buxton@el battomevs. com (40s)702-9900 State Capitol, Room 422 Oklahoma City, OK 73105 BRYCEA.HILL 15ll S. Delaware Avenue Tuls4 OK 74104-5234 The Honorable Charles McCall B ryce@tutsatrial lawyer. com (918) 584-288e Speaker of the House of Representatives State Capitol, Room 411 BECI(YROBINSON 7707 SW 44e Street oklahoma City, OK 73105 Oklahoma City, oK73l79 Becly. rob inson@hobbvlobby. com (405) 745-l 100 Ladies and Gentlemen: ROBERT J. WIENECKE, M.D. 4120 Memorial Road, Suite 300 Oklahoma City, OK73120 The Advisory Council is pleased to present you our 2020 anrual report wieneckerobertdcmail.com (40s) 748-3300 pursuant to 85A O.S. Section l2l. The information contained in this report reflects the activities and accomplishments of the Cotrncil for the STERLINGZEARLEY 13 N.E.28e Street period of calendar yeat 2020. On behalf of the Council, we appreciate Oklahoma City, OK 73 105. and thank you for the continuing opportunity to be of service. [email protected] (405) s24-6764

EX OFFICIO NOIYVOTING MEMBER Respectfully submitted, MARKLIOTTA Chairman Workors' Compcnsalion Commission I9l5 N. Stiles Avenuc Oklahoma City, OK 73105 Michael D. Carter (40s) s22-3222 Chairman, Advisory Council on Workers' Compensation tr*tat t*{ *rrt**f lt*t*r rttlr* For the Council 2O2O AIYNUAL REPORT OF THE ADVISORY COUNCIL ON WORI(ERS' COMPENSATION

Presented to:

The Honorable J. Kevin Stitt Governor

The Honorable Richard Darby Chief Justice, Oklahoma Supreme Court

The Hororable Greg Treat President Pro Tempore of the Senate

The Honorable Charles McCall Speaker of the House of Representatives

COUNCIL MEMBERSHIP IN 2O2O

Michael D. Carter, Chair Angela R. LeBlanc, Vice Chair

Jim C. Curry Becky Robinson Bryce A. Hill Robert J. Wienecke, M.D. Jonathan D. Buxton Sterling Zearley

COI]NCIL STAFF Oklahoma Worker.s' Compensation Commission Alexander Watkins 2O2O AT{NUAL REPORT OF'THE ADVISORY COUNCIL ON WORKERS' COMPENSATION

I. INTRODUCTION

Advisory Council on Workers' Compensation, created by 85A O.S. $ l2l serves as an advisory body to the Oklahoma Workers' Compensation Commission. This report identifies the progress and activities of the council during calindar year 2020.

Membership of the Council in 2020 included Michael D. Carter, Chairman; Angela R. L,eBlanc, Vice Chair; Jim C. Curry; Jonathan D. Buxton; Bryce A. Hill; Becky Robinson; Robert J' wienecke, M.D.; Sterling Znarley; and one statutorily permitted Council position is vacant. A cu:rent membership list, including appointing authority, is included in tire Appendix to this fnort. Statr support for the committee is provided by the Oklahoma Workers'- bompensation Commission as provided in 85A O.S. g 12l. II. STATUTORY DUTIES

The statutory duties of the Advisory Council are set forth in 85A O.S. g 121, a copy of which is included in the Appendix. These duties include:

o The Advisory Council shall analpe and review the worker's compensation system, the reports of the Commission, and trends in the field of worker'i compensation. The Advisory Council may also recommend improvements and propei responses to developing trends. t Tle Advisory Council shall report its findings annually to the Governor, the Chief Justice 9f the Supreme Court, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. o [n addition to other duties required by this section, the Advisory Council shall consult with the Commission regarding oversight of independent medical examiners as provided in Section 45 of this title.

IIr. 2O2O ACTIVITIES During the first half of 2020, the Advisory Council on Workers' Compensation monitored workers' compensation legislation. Approximately twenty measures pertaining to the Yo+ot' compensation system were tracked, reviewed, and iiscurr"d * they aivanced through the legislative process.

In addition to reviewing legislative activity, the Advisory Council also monitored, considered, and discussed recent appellate opinions of the Oklatroma Supreme Court and Oklatroma Court of Civil Appeals that pertain to Title 85A, the Administrative Worker,s Compensation Act. IV. PUBLIC MEETINGS Advisory Council held four (4) regular public meetings in 2020. Copies of the agendas and minutes for each of the meetings arelncluded in the AppJndix to this report. Regular meetings of the Advisory Council for calendar'year z}2l are scheduled for February 4,202l,March 4,z}2l,April r, z}2l,May 6,2021, september 2,2o2l,and November 1,zyl.fhe meetings are scheduled for 2:00 p.m. in the second floor Commission Chambers at the Workers' Compensation Commission, l9l5 N. Stiles Avenue, Oklatroma City, Oklahoma. V. CONCLUSION Advisory . T: Council is pleased to submitthis report. We hope our efforts help enhance meaningful review of issues affecting our state's workers' compensation system. Appendix ADVISORY GOUNCIL ON WORKERS' GOMPENSATION 85A O.S. S 121

COUNCIL MEMBERSHIP MICIIAELD. CARTER Chairman l0l N. Robinson l3th Floor Oklahoma City, OK 73102 Name Appointment Source Expiration of Term (40s) 2354100

ANGELAR LEBLANC Vioe{hair Becky Robinson Governor January 7,2020 10601 N. Pennsylvania Avenue OklahomaCity, OK73120 Angela R. LeBlanc Governor January 7,2021 aneela.leblanc@ loves. com (4Os)302-6712 Jonathan D. Buxton Governor January 1,2022 JIMC.CURRY 501 N.E.27'h Oklahoma City, OK 73 105 Bryce A. Hill President Pro Tempore January 1,2023 [email protected] (40s) s28-2409 Miohael D. Carter President Pro Tempore January 1,2023 JONATIIAN D. BIXTON 100 Park Ave., Suite 500 Robert J. Wienecke M.D. President Pro Tempore January 1,2023 Oklahoma City, OK 73102 J Buxton(Exlcrlesal.com (40s)702-9900 Jim C. Curry Speaker of the House January 1,2016 BRYCEA. IilLL I 51 I S. Delaware Avcnue Sterling Zearley Speaker ofthe House January 1,2015 Tulsa OK 741(X-5234 [email protected] POSITION Speaker ofthe House 1,2077 (918) s84-2889 VACANT January

BECKYROBINSON 7707 SW 446 Stre€t Oklahoma City, OK 73179

(405) 745-r 100

ROBERT J. WIf,,NECKE, M.D. 4120 Memorial Road, Suite 300 Oklahoma City, OK 73120 wieneckerobert@smail. com (405) 748-3300

STERLINGZEARLEY 13 N.E. 286 Streer Oklahoma City, OK 73105. sterlinqZ@OPEAOTg (40s) 524-6764

EX OFFICIO NOTWOTING MEMBER }T,{RKLIOITA Chairman Workers' Compensation Commission l9l5 N. Stiles Avenue OklahomaCity, OK 73105 (40s) s22-3222 *tt+ttattittt* ***t *ttltal ttt OKLAHOMA State Courts Network

Title 85A. Workers' Compensation gOklahoma Statutes Gitationized @Title 85A. Workers' Gompensation fiChapter I .Admlnlstratlve Workers. Compensatlon Act filSection 121 ' Advisory Council on Workers' Gompensation . Appointments . Terms . Vacancy - Chair and Vice4halr . Relmbursement . Meetlngs - Reports . Duiles ciio as:85A O.S. S 121 (OSCN 2O2r)

A. There is hereby created an Advisory council on workers'compensation.

B' The voting membership of the Advisory Council shall consist of nine (9) members. Any member serving on the effective date of this section shall serve the remainder of his or her term. The chair of the Workers' Compensation Commission shall be an ex officio nonvoting member.

1. The Govemor sha[ appoint three members representing employers in this state, one of whom shall be from a list of nominees provided by the predominant statewide broad-based business organization.

2.fhe Speaker of the House of Representatives shall appoint three members representing employees in this state, one of whom shall be from a list of nominees provided by the most representative labor organization in the state.

3. The President Pro Tempore of the Senate shall appoint three members, two who are attomeys representing the legal profession in this state, one of whom shall be an attorney who practices primarily in the area of defense of workers' compensation claims, and one of whom shall be an attomey who primarily represents claimants, and a medical doctor or doctor of osteopathy activety engaged in the treatment of injured workers.

C. The term of office for appointees shall be as follows:

1. The term of office for three positions, one each appointed by the Govemor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall expire on January 1, ZO1Si

2. The term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall expire on January 1, 2O16i and

3. The term of office for three positions, one each appointed by the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall expire on January 1,2017.

D. Thereafter, successors in ofiice shall be appointed for a three-year term. Members shall be eligible to succeed themselves in office.

E. Any person appointed to fill a vacancy shall be appointed for the unexpired portion of the term.

F. The chair and the vice-chair of the Advisory Council shall be appointed by the Governor.

G. Members shall receive their traveling and other necessary expenses incuned in the performance of their duties as provided in the State Travel Reimbursement Act.

H. Meetings of the Advisory Council shall be guarterly or as called by the chair or upon petition by a majority of the voting members. The presence of five voting members constitutes a quorum. No action shall be taken by the Advisory Council without the affirmative vote of at least five members.

l. The Commission shall provide ofrice supplies and personnel of the Commission to carry out any of the duties that have been entrusted to the Advisory Council. J. The Advisory Council shall analpe and review the workers'compensation system, the reports of the Commission, and trends in the field of workers' compensation. The Advisory Council may recommend improvements and prcper responses to developing trends. The Advisory Council shall report its findings annually to the Governor, the Chief Justice of the Supreme Court, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.

K. ln addition to other duties required by this section, the Advisory Council shall consult with the Commission regarding oversight of independent medical examiners as provided in Section 45 of this title.

Historical Data

Laws 2013, SB 1062, c.208, $ 164, eff. February 1,2014;Amended by Laws 2019, HB 2367,c.476, 41, emerg. eff. May 28,2019 Gs@). S CitationizeP Summary of Documents Citlng This Document

Crfo Nema Lovel

None Fwnd. Cltationizer: Table of Authority

CL. Name Lewl

None Found. ADVISORY COUNCIL ON WORKERS' GOMPENSATION 8sA O.S. S r21

NOTICE OF SPECIAL MEETING MICHAEL D. CARTER Chairman The Advisory Council on Workers' Compensation will hold a regular l0l N. Robinson l3th Floor Oklahoma City, OK 73102 meeting at the Workers' Compensation Commission, Denver Davison [email protected] Building, 1915 N. Stiles, Oklahoma City, Oklahoma,zo'd X'Ioor En Banc (405) 23s4100 Commission Chambers Thursday, March 512020, at 2:00 p.m. ANGELAR.LEBLANC Vice-Chair 10601 N. Pennsylvania Avenue AGENDA Oklahoma City, OK 73120 ansela.leblanc(AIoves.com (405)302-6712 1. Call to order.

JIM C. CIJRRY 501 N.E.27t 2. Roll call and determination of quorum present. Oklahoma City, OK 73105 [email protected] (405) 528-2409 3. Announcementsandlntroductions.

JONATIIAN D. B(XTON 6301 N. W'estern Ave., STE 250 4. Discussion and possible action to vote on November 7,2019, Oklahoma City, OK 73 I 18 minutes for the special meeting of the Advisory Council [email protected] (405)702-9e00 Committee.

BRYCE A. IIILL l51l S. Delaware Avenue 5. Discussion regarding the 2020 Legislative Session. Tuls4 OK 74104-5234 [email protected] (918) s84-2889 6. Discussion and possible action, to include approving, modifring, or not approving, the 2019 Annual Report. BECI(YROBINSON 7707 SW 44e Stre€t OklahomaCity, OK 73179 7. Discussion and possible action, to include making [email protected] (405) 74s-l 1oo reconrmendations to the Commission, regzrding the Workers' Compensation Commission's proposed amended Medical Fee ROBERT J. WIENECKE, M.D. 4120 Memorial Road, Suitc 300 Schedule and Fair Health's Oklahoma Summary Report. OklahomaCity, OK73l20 wieneckerobertf)pmail com (405) 748-3300 8. Adjoumment.

STERLING ZEARLEY 13 N.E.286 SEeet Oklahoma City, OK 73105. sterlinpZ(AOPEA.OTe (405) 524-6764

EX OFFICIO NOFTVOTING MEMBER

MARKLTOI-TA Chairmur Workers' Compensation Commission l9l5 N. Stiles Avenue Oklahoma City, OK 73105 (40s) s22-3222 ltf,t***lrl *r* t*a*ttat** r***+ ADVISORY COUNCIL ON WORKERS' COMPENSATION 85A O.S. S 121

MINUTES OF TIIE SPECIAL MEETING OF THE AD\ISORY MICHAELD. CARTER couNCIL COMMTTTEE HELD ON TIIURSDAY, MARCH s, Chairman 101N. Robinson l3th Ftoor 2020, AT THE WORI(ERS' COMPENSATION COMMISSION IN OklahomaCity, OK 73102 oKLAHOMA CITY, OKLAHOMA [email protected] (405) 23s-4100 Present: Michael D. Carter, Angela R. Leblanc, Jim C. Curry, Bryce AI\GELA R LEBLAIIC Vice-Chair Hill, Jonathan Buxton, and Dr. Robert Wienecke. 10601 N. Pennsylvania Avenue Oklahoma City, OK 73120 ansela. [email protected] Others Present: WCC Chairman Mark Liotta; Commissioner Jordan (40s)3024712 Russell, WCC; Commissioner Megan Tilly, WCC; Lauren Hammonds JIM C. CURRY Johnson, WCC; Collin Fowler, WCC; Ian Steedman, WCC; and Dr. Jay 501 N.8.27$ Cannon, WCC Oklatroma City, OK 73105 [email protected] (405) 528-2409 Call to Order: The meeting was called to order by Chairman, Michael JONATIIAN D.BTIXTON Carter, at 2:00 p.m. The Secretary of State's office had been notifred of 6301 N. Westem Ave., STE 250 the meeting, and the agenda was posted at the Workers' Compensation Oklahoma City, OK 731IE ibuxton@elbattorneys. com Commission's Oklahoma City and Tulsa locations, and online on the (405)702-9900 Workers' Compensation Commission website. BRYCEA.HILL 15II S. Dslaware Avenue Roll CaIl and l)etermination of Quorum: Michael D. Carter, Angela Tuls4 OK 74104-5234 [email protected] R. Leblanc, Jim C. Curry, Bryce Hill, Jonathan Buxton, and Dr. Robert (918) 584-2889 Wienecke, were present. A quorum was noted. BECI(YROBINSON 7707 SW 446 Street Discussion and possible action regarding November 7, 2019, Oklahoma City, OK73179 [email protected] meeting minutes: (40s) 745-1 100

ROBERT J. WIENECKE, M.D. Motion: Jim Curry moved to approve the minutes of the November 7, 4120 Memorial Road, Suite 300 2019 Advisory Council Meeting. OklahomaCity, OK73120 [email protected] (405) 748-3300 Second: Bryce Hill. STERLING ZEARLEY 13 N.E. 28d Street Those voting aye: Michael D. Carter, Angela R. Leblanc, Jim C. Curry, Oklahoma City, OK 73105. [email protected] Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke. (405\ s24-6764

EX OFFICIO NOI{VOIING The motion carried. MEMBER MARKLIOTTA I)iscussion regarding the 2O2O Legislative Session: Commissioner Chairman Russell gave cornments on the current status of 2020 legislative bills Workers' Compensuion Commission l9l5 N. Stiles Avonue regarding the Commission and Advisory Council. Oklahoma City, OK 73105 (40s) s22-3222 There was no action taken on this agenda item.

Page l1 Discussion and possible action, to include approving, modifying or not approving the 2019 Annual Report:

Molion: Jim Curry moved to make modifications to the 2019 Annual report.

Second: Bryce Hill.

Those voting aye: Michael D. Carter, Angela R. Leblanc, Jim C. Curry, Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke.

The motion carried

Motion: Michael Carter moved to sign 2019 Annual report, on behalf of the Advisory Council, pending modifications.

Second: Bryce Hill.

Those voting aye: Michael D. Carter, AngelaR. Leblanc, Jim C. Curry, Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke.

The motion carried.

Discussion and possible action, to include making a recommendation to the Commission, regarding the Workers' Compensation Commission's proposed amended Medical Fee Schedule and Fair Health's Oklahoma Summary Report: The Commissioners briefed the Advisory Council on the Workers' Compensation Commission's proposed amended Medical Fee Schedule and responded to questions.

There was no action taken on this agenda item.

Adjournment:

Motion: Jim Curry moved to adjoum.

Second: Bryce Hill.

Those voting aye: Michael D. Carter, Angela R. Leblanc, Jim C. Curry, Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke.

The motion carried.

The meeting was adjourned at 2:30 P.M.

Page l2 ADVISORY COUNCIL ON WORKERS' COMPENSATION 85A O.S. S 121

NOTICE OF SPECIAL MEETING MICIIAEL D. CARTER Chairman The Advisory Council on Workers' Compensation will hold a special 101 N. Robinson l3th Floor Oklahoma City, OK 73102 meeting via Zoom Teleconferen ce, hfis:l lzoom.us/j/93728268806, or 1 (346) 248-7799, Meeting ID: 937 2826 8806, Thursday, islay 7, (40s) 235-4100 2O2A,at 2:00 p.m. AI\IGEII\ R LEBLANC Vice-Chair 10601 N. Pennsylvania Avenue This meeting is also being conducted under the new emergency OklahomaCity, OK7312O provisions of the Open Meeting Act, as amended by SB 661 on aneela. [email protected] (4Os)302-67t2 lVednesday, March I 8, 2020.

JIM C. CI'RRY 501 N.E.276 AGEI\DA Oklahoma City, OK 73105

% I (4os) s28-24@ 1. Call to order.

JONATIIAND. BUXTON 1 6301 N. r#estern Ave., STE 250 Roll call and determination of quorum present. Oklahoma City, OK 73118 [email protected] Chairman Carter will appear remotely viaZoom teleconference. (40s)7o2-99O0 Angela LeBlanc will appear remotely viaZoom teleconference. BRYCE A HILL Jim Curry will appear remotely viaZoom teleconference. 151 I S. Delaware Avenue Tulsa, OK 74104-5234 Jonathan Buxton will appear remotely via Zoom teleconference. BrvcefAtdsatriallawer.com Bryce Hill will appear remotely viaZoom teleconference. (918) s84-2889 Becky Robinson will appear remotely viaZoom teleconference. BECKYROBINSON Dr. Wienecke will appear remotely via Zoom teleconference. 7707 SW ,l4e Strcct Oktahoma Ciry, OK 73179 Sterling Zearley will appear remotely via Zoom teleconference. [email protected] (40s) 745-l 100 3. Announcements and Introductions. ROBERT J. WIENECKE, IU.D. 4120 Mernorial Road, Suite 300 Oklahoma City, OK 73120 4. Discussion and possible action to vote on March 5,2020, minutes [email protected] for the Special Meeting of the Advisory Council. (405) 748-3300

STERLINGZEARLEY 5. Discussion regarding the status of bills pertaining to the AWCA 13 N.E. 286 Stsesr Oklahoma City, OK 73 105. or the Workers' Compensation Commission. stslineZ(DOPEA.OTe (405) s24-6764 6. Discussion on plans and timeframe regarding the Commission EX OFFICIO NOI{VOTING reopening business, including in-person trials and MEMBER for announcements. MARK LIOTTA Chairman Workers' Compenmtion Commission 7. The next Advisory Council Meeting will be on Thursday, 1915 N- Stiles Avenue September 3,2020 at 2:00 p.m. Oklahoma City, OK 73105 (405\522-!222 tttl*itrlt**ta+tt*lt**tttt*t 8. Adjournment. ADVISORY COUNCIL ON WORKERS' COMPENSATION ,l21 85A O.S. S

This meetingwas conducted under the new emergency provisions of the MICIIAEL D. CARTER Open Meeting Act, as amended by SB 661 on Wednesday, March 18, Chairman 101 N. Robinson l3th Floor 2020. Oklahoma City, OK 73102 mdcarter(Oohil liosmurrah. com (405) 23s-4100 MINUTES OT'THE SPECIAL MEETING OF THE ADYISORY couNCrL coMMrrTEE rrELD ON THURSDAY, MAy 7,2020, ANGELI\ R. LEBLAI\IC Vice-Chair AT THE WORKERS' COMPENSATION COMMISSION IN 10601 N. Pennsylvania Avenue oKLAHOMA CITY, OKLAHOMA Oklahoma City, OK 73120 [email protected] (405)302-67t2 The Advisory Council on Workers' Compensation held a special JIM C. CURRY meeting via Zoom Teleconference, https://zoom.us/j/93 728268806, or 501 N.E.27'h 1 (346) 248-7799, Meeting ID: 937 2826 8806, Thursday,iN'day 7, Oklahoma City, OK 73105 [email protected] 2A20, at 2:00 p.m. (405) 528-2409

JONATHAN D. BI,IXTON Present via Zoom: Michael D. Carter, Angela R. Leblanc, Bryce Hill, 6301 N. Western Ave., STE 250 Jonathan Buxton, and Dr. Robert Wienecke. Oklahoma City, OK 73 I l8 i buxton@el battorne),s.com (40s)?02-9900 Others Present: WCC Chairman Mark Liotta; Commissioner Jordan BRYCEA.HILL Russell, WCC; Commissioner Megan Tilly, WCC; Lauren Hammonds I 5l I S. Delaware Avenue Johnson, WCC; Collin Fowler, WCC; Ian Steedman, WCC; and Dr. Jay Tulsa OK 74104-5234 [email protected] Cannon, WCC (9r8) 584-2889

BECI(Y ROBINSON Call to Order: The meeting was called to order by Chairman, Michael 7707 SW 44D Street Carter, at2:00 p.m. The Secretary of State's office had been notified of Oklahoma City, OK73179 Beckv.rob insonr2hobbvlobbv. com the meeting, and the agenda was posted at the Workers' Compensation (40s) 74s-1 100 Commission's Oklahoma City and Tulsa locations, and online on the

ROBERT J. WIEhTE,CI(E, M.D. Workers' Compensation Commission website. 4120 Memorial Road, Suite 300 Oklahoma City, OK 73120 wieneckembertOsmail.com Roll Call and Determination of Quorum: Michael D. Carter, Angela (405) 748-3300 R. Leblanc, Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke,

STERLING ZEARLEY were present. A quorum was noted. 13 N.E. 286 Street Oklahoma City, OK 73105. sterlinsZ(aOPEA.Ore Announcements and Introductions : (40s) s24-6764

EX OFFICIO NOI\IVOTING There were no announcements and no action taken on this agenda item. MEMBER MARKLIOTTA Discussion and possible action regarding March 5r 2020, meeting Chairman minutes: Workers' Compensation Commission 1915 N. Stiles Avenue Oklahoma City, OK 73105 Motion: Dr. Robert Weinecke moved to approve the minutes of the (40s) s22-3222 March 5,2O2O Advisory Council Meeting. tl+r*****rr*i**ri*r**l*tr*tt Second: Jonathan Buxton. Those voting aye: Michael D. Carter, Angela R. Leb1anc, Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke.

The mofion carried.

Discussion regarding the status of bills pertaining to the AWCA or the Workers' Compensation Commission: Commissioner Russell gave comments on the current status of 2020legislative bills regarding the commissionand Advisory council. Michael carter gave comments on possible COVID-I9 bills. He stated these bills did not pertain to workers' compensation issues in regard to COVID-I9, and he was not aware of any such bills.

There was no action taken on this agenda item.

Discussion on plans and timeframe regarding the Commission reopening for business, including in-person trials and announcements: Chairman Liotta discussed the functionality of the Workers' Compensation Commission since the COVID-l9 shutdown, the steps that will be taken to reach full operating capacity, and answered questions of the Advisory Council. Commissioner Tilly expounded upon the social distancing guidance and procedures in the Denver N. Davidson Building. Jordan Russell announced that the Commission will resume appeal hearings in May and hire additional custodial assistance to clean the courtroom.

There wrrs no action taken on this agenda item.

Adjournment:

Motion: Bryce Hill moved to adjourn.

Second: Dr. Robert Wienecke.

Those voting aye: Michael D. Carter, Angela R. Leblanc, Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke.

The motion caruied.

The meeting was adjoumed at 2:30 P.M. ADVISORY COUNCIL ON WORKERS' GOMPENSATION 854 O.S. S r21

NOTICE OF SPECIAL MEETING MICHAELD. CARTER Chairman The Advisory Council on Workers' Compensation will hold a special 101 N. Robinson 13th Floor OklahomaCity, OK 73102 meeting via Zoom Teleconference on Thursday, September 3,2020, at [email protected] 2:00 p.m. (405) 235-4100 https ://zoom .\sl ilg 17 9824849 5? ATIGELAR LEBLA}IC Passwo rd : TnVq bnE3ll N0TU5U[ UdtY2 h5ZTJmUT09 Vice-Chair 10601 N. Pennsylvania Avenue or Oklahoma City, OK 73120 1 (346) 248-7799, Meeting ID: 917 9824 8495, Password: 1234 [email protected] (4Os)302-6712 This meeting is also being conducted under the new emergenq/ JIM C. CT'RRY 501 N.E.276 provisions of the Open Meeting Act, as amended by SB 661 on Oklahoma City, OK 73105 Wednesday, March I 8, 2020. [email protected] (40s) s28-2409 AGENDA JONATIIAND. BUXTON 6301 N. Western Ave., STE 250 1. Call to order. OklahomaCity,OK 73118 [email protected] (405)702-e900 2. Roll call and determination of quorum present.

BRYCE A. HILL Chairman Carter will appear remotely viaZnom teleconference. 151 I S. Delaware Avenue Tulsa, OK 74104-5234 Angela LeBlanc will appear remotely viaZoom teleconference. [email protected] Jim Curry will appear remotely yiaZoom teleconference. (918) s84-2889 Jonathan Buxton will appear remotely via Zoom teleconference. BECKV ROBINSON Bryce Hill will appear remotely viaZoom teleconference. 7707 Sw 44& Strcet OklahomaCity, OK73179 Becky Robinson will appear remotely viaZoom teleconference. Becky.robinson@hobbylobbv. com Dr. Wienecke will appear remotely viaZoom teleconference. (40s) 745-t 100 Sterling Zearley will appear remotely via Zoom teleconference. ROBERT J. WIENECKE, I\[D. 4l2O Memorial Road, Suite 300 OklahomaCity, OK71l20 3. Recognize WCC Chairman forroll call and determination ofWCC wieneckerob€[email protected] quorum present. (40s) 748-3300

STERLINGZEARLEY 4. Announcements and Introductions. l3 N.E. 28n Streot Oklahoma City, OK 73105. st€[email protected] 5. Discussion and possible action to vote on May 7, 2020, minutes (40s\ s24-6764 for the Special Meeting of the Advisory Council. EX Or'FICIO NONVOTING MEMBER 6. Discussion regarding bills signed into law pertaining to the MARK LIOTTA AWCA or the Workers' Compensation Commission. Chairman Workers' Compcnstjon Comm ission 1915 N. Stiles Avenue 7. The next Advisory Council Meeting will be on Thursday, Oklahoma City, OK 73105 (4O5') 522.3222 November 5,2020 at 2:00 p.m. allt+tti**a li t+t +++***+*lt*l 8. Adjournment of the Advisory Council and the WCC ADVISORY COUNCIL ON WORKERS' GOMPENSATION 85A O.S. S 121

This meeting wds conducted under the new emergency provisions of the MICIIAEL D. CARTER Open Meeting Act, as amended by SB 661 on Wednesday, March 18, Chairman l0l N. Robinson 13th Floor 2020. Oklahoma City, OK 73102 mdcarter@phil I ipsmurrah.com (405)2354100 MINUTES OT'THE SPECIAL MEETING OF THE ADVISORY COI]NCIL COMMITTEE HELD ON THURSDAY, SEPTEMBER ANGELARLEBLANC Vice-Chair 3,2020, VIA ZOOM TELECONFERENCE 10601 N. Pennsylvania Avenue Oklahoma City, OK 73120 an gela. [email protected] The Advisory Council on Workers' Compensation held a special (40s)302-6712 meeting via Zoom Teleconference, httpszl lzoom.us/j/9 1798248495, or JIM C. CT]RRY f (346) 248-7799, Meeting lDz 917 98248495, Thursday, September 501 N.E.27'h 3,2020, at 2:00 p.m. Oklahoma City, OK 73105 [email protected] (405) 528-2409 Present via Zoomz Michael D. Carter, Angela R. Leblanc, Bryce Hill,

JONATTIAN D. BIXTON Jonathan Buxton, and Jim Curry. 6301 N. Western Ave., STE 250 Oklahoma City, OK 73r l8 [email protected] Others Present: WCC Chainnan Mark Liotta; Commissioner Jordan (40s)702-9900 Russell, WCC; Commissioner Megan Tilly, WCC; Collin Fowler, BRYCEA.HILL WCC; and Hopper Smith, WCC. 15l l S. Delaware Avenue Tuls4 OK 74104-5234 BrvceAtulsalrial lawver-com Call to Order: The meeting was called to order by Chairman, Michael (918) 584-2889 Carter, at 2:00 p.m. The Secretary of State's office had been notifred of BECKYROBINSON the meeting, and the agenda was posted at the Workers' Compensation 7707 SW 44th Street Commission's Oklahoma City and Tulsa locations, and online on the Oklahoma City, OK73179 Workers' Compensation Commission website. (405) 745-l 100 of Carter, Angela ROBERT J. WIENECKE, M.D. RoIl CaII and Determination Quorum: Michael D. 4120 Mcmorial Road, Suitc 300 R. Leblanc, Bryce Hill, Jonathan Buxton, and Jim Curry, were present. OklahomaCiB, OK73l20 [email protected] A quorum was noted. (405) 748-3300

STERLINGZEARLEY Announcements and Introductions: 13 N.E.28e Strcer Oklahoma City, OK 73105. and no action taken on this agenda item. [email protected] There were no announcements (4Os) 524-6764 2020, meeting EX Otr'FICIO NOITTVOTING Discussion and possible action regarding May 7, MEMBER minutes: MARKLIOT'TA Chairman Motion: Bryce Hill moved to approve the minutes of the May 7,2020 Workers' Compensation Commission l9I5 N. Stiles Avenue Advisory Council Meeting. Oklahoma City, OK 73105 (40s) 522-3222 Second: Jonathan Buxton- litttf tat*1tll +*a** latt*tt** Those voting aye: Michael D. Carter, Angela R. Leblanc, Bryce Hill, Jonathan Buxton, and Jim Curry. The motion carried

Discussion regarding bills signed into law pertaining to the AWCA or the Workers' Compensation Commission: Commissioner Russell gave cornments on the signed 2020 legislative bills regarding the Commission and Advisory Council. Chairman Liotta stated that he expects to see attempts, at the next legislative session, to address how COVID-l9 is handled in the workers' compensation environment. Commissioner Russell informed the Advisory Council of a Senate Interim Study regarding the effectiveness of the temporary Open Meetings Act laws for teleconferences.

There wls no action taken on this agenda item.

Announcements: The next Advisory Council Meeting will be on Thursday, November 5,2020 at 2:00 p.m.

Adjournment:

Motion: Bryce Hill moved to adjourn.

Second: Angela Leblanc.

Those voting aye: Michael D. Carter, Angela R. Leblanc, Bryce Hill, Jonathan Buxton, and Dr. Robert Wienecke.

The motion caticd

The meeting was adjourned at 2:30 P.M. ADVISORY COUNCIL ON WORKERS' COMPENSATION 85A O.S. S 121

NOTICE OF SPECIAL MEETING WCHAELD.CARTER Chairman The Advisory Council on Workers' Compensation will hold a special 101 N. Robinson l3th Floor OklahomaCity,OK 73102 meeting via Zoom Teleconference on Thursday, November 5,2020, at mderter@ohill iosmurrah.com 2:00 p.m. (40s) 23s4100 h ttps ://zoo m. us/j/959046503 82 ? ANGELA R.LEBLANC Password : bmROZi9DaSgjUThINEsENXRCZzhzZzO9 Vice-Chair 10501 N. Pennsylvania Avenue or Oklahoma City, OK 73120 1 (346) 248-7799,Meeting ID: 959 0465 0382, Password: 1234 [email protected] (40s\ 302-6712 This meeting is also being conducted under the new emergency JIM C. CURRY 501 N.E.276 provisions of the Open Meeting Act, as omended by SB 661 on Oklahoma City, OK 73105 Wednesday, March 18, 2020. [email protected] (4Os) s28-2409 AGENDA JONATHAN D. BUXTON 712 NE 206 Street l. Call to order. Oklahoma City, OK 73105 JBuxton(Oxlcrlegal.com (4Os)3t34852 2. Roll call and determination of quorum present.

BRYCE A. IIILL Chairman Carter will appear remotely viaZoom teleconference. l5ll S. DelawareAvenue Tulsa" OK 74104-5234 Angela LeBlanc will appear remotely viaZoom teleconference. [email protected] Jim Curry will appear remotely viaZoomteleconference. (918) s84-2889 Jonathan Buxton will appear remotely v ia Zoom teleconference. BECI(YROBINSON Bryce Hill will appear remotely viaZoom teleconference. 7707 SW,l4s Street Oklahoma City, OK 73179 Becky Robinson will appear remotely viaZoom teleconference. Dr. Wienecke will appear remotely viaZoom teleconference. (40s) 74s.r 100 Sterling Zearley will appear remotely viaZoom teleconference. ROBERT J. WIf,NECKE, M.D. 4120 Memorial Road, Suite 300 Oklahoma City, OK 73120 3. Recognize WCC Chairman forroll call and determination ofWCC [email protected] quorum present. (40s) 748-3300

STERLING ZEARLEY 4. Announcements and Introductions. 13 N.E.286 Streot Oklahoma City, OK 73105. [email protected] 5. Discussion and possible action to vote on September 3, 2020, (40s) 524-6764 minutes for the Special Meeting of the Advisory Council. EX OFI'ICIO NONVOTING MEMBER 6. Discussion and possible action concerning next year's regular MARI( LIOTTA meeting dates as follows: Chaimm Workers' Compensation Commission l9t5 N. Stiles Avenue February 4,2OZl OklahomaCity,OK 73105 (405) s22-3222 March 4,2021 ttttttitttaittttltttatttttlt April 1,2021 May 6,2021 September 2,2021 November 4,2021 7. Discussion regarding the rise of COVID-l9 cases and its effect on WCC hearings.

8. Adjournment ofthe Advisory Council and the WCC. ADVISORY COUNGIL ON WORKERS' COMPENSATION 85A O.S. S 12{

This meeting wos conducted under the new emergency provisions of the MICHAELD.CARTER Open Meeting Act, as amended by SB 661 on Wednesday, March 18, Chaitman 101N. Robinson 13th Floor 2020. OklahomaCity, OK 73102 mdcarter@phil liDsmurrah.com (405) 2354r00 MINUTES OF THE SPECIAL MEETING OF THE ADVISORY COUNCIL COMMITTEE HELD ON THURSDAY, NOYEMBER AI{GELA R" LEBLAF{C Vice-Chair 5, 2020, VIA ZOOM TELECONFERENCE 10601 N. Pennsylvania Avenue Oklahoma City, OK 73120 ansela-lcblanc,@loves.com The Advisory Council on Workers' Compensation held a special (4O5)302-6712 meeting via Zoom Teleconference, htt s : / / zoom.us/ ilg 590 4650382?, JIM C. CURRY or 1 (346) 248-7799, Meeting ID: 959 0465 0382, Password: 1234, 501 N.E.27t Thursday, November 512020, at 2:00 p.m. Oklahoma City, OK 73 t05 [email protected] (405) 528-2409 Present via Zoom: Michael D. Carter, Angela R. Leblanc, Bryce Hill,

JONATIIAN D. BUXTON Jonathan Buxton, and Becky Robinson. 712 N.E.20e Strcet OklahomaCity, OK 73105 J [email protected] Others Presen* Chairman Mark Liotta, WCC; Commissioner Jordan (405)3134862 Russell, WCC; Commissioner Megan Tilly, WCC; Collin Fowler, BRYCE A. HILL WCC; Lauren Hammonds Johnson, WCC; and Hopper Smith, WCC. l51l S. DelawareAvenue Tuls4 OK 74104-5234 Brvce(Otulsatriall aw.ver. com 1. Call to Order: The meeting was called to order by Chairman, (918) sE4-2E89 Michael Carter, at 2:00 p.m. The Secretary of State's office had been BECKYROBINSON notified of the meeting, and the agenda was posted at the Workers' 7707 SW 44D Skcct Compensation Commission's Oklahoma Cify and Tulsa locations, and Oklahoma City, OK73L79 online on the Workers' Compensation Commission website. (405) ?45-r 100

ROBERI J. WIENECKE, M.D, 2. Roll CalI and Determination of Quorum: Michael D. Carter, 4120 Memorial Road, Suite 300 Angela R. Leblanc, Bryce Hill, Jonathan Buxton, and Becky Robinson, OklahomaCity, OK73120 [email protected] were present. A quorum was noted. (405) 748-3300

STERLING ZEARLEY 3. Recognize WCC Chaiman for roll ceII and determination of 13 N.E.286 Street WCC quorum present: Chairman Mark Liotta recognized. A quorum Oklahoma City, OK 73 105. [email protected] of Commissioners Liotta" Tilly, and Russell were present viaZoom. (40s) 524{764

EX OFFICIO NONVOTING 4. Announcements and Introductions: MEMBER MARKLIOMA There were no arulouncements and no action taken on this agenda item. Chairman Workers' Compcnsation Commission l9l5 N. Stiles Avenue 5. Discussion and possible action regarding September 3, 2020, OklahomaCity,OK 73r05 meeting minutes: (40s) s22-3222 *** l**a*t*tallt* *tl* rl++t++i Motion: Bryce Hill moved to approve the minutes of the September 3, 2020 Advisory Council Meeting.

Second: Jonathan Buxton. 1 Those voting aye: Michael D. Carter, Angela R. Leblanc, Bryce Hill, Jonathan Buxton, and Becky Robinson.

The mofion carried

6. Discussion and possible action concerning next year's regular meeting dates as follows:

February 4,2021 March 4,2021 April 1,2021 May 6,2021 September 2,2021 November 4,2021

Motion: Bryce Hill moved to approve the dates for next yeax's Advisory Council regular meetings.

Secand: Jonathan Buxton.

Those votmg aye: Michael D. Carter, Angela R. Leblanc, Bryce Hill, Jonathan Buxton, and Becky Robinson.

7. Discussion regarding the rise of COVID-l9 cases and its effect on WCC hearings: Chairman Liotta updated the Advisory Council on the operations of the WCC, COVID-l9 precautions taken during WCC hearings, and answered questions of the Advisory Council Committee.

8. Adjournment

The meeting was adjourned at2:20P.NL