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Oklahoma - Workers' Compensation Subrogation In All 50 States - Fifth Edition

Author: Gary Wickert
Page Count: 24
Published: April 2012
Media Desc: PDF from "Workers' Compensation Subrogation In All 50 States - 5th Edition"
File Size: 193 KB

Originally from:

Workers' Compensation Subrogation In All 50 States - Fifth Edition - Hardcover

Workers' Compensation Subrogation In All 50 States - Fifth Edition - Digital


Preview Page

§ 11.37 Oklahoma

§ 11.37[1] Statutory Subrogation Rights

Effective August 26, 2011, the Oklahoma legislature completely
overhauled its workers' compensation laws.1 The overhaul - known
as Senate Bill 878 - was so complete that it even changed the name
of their law from "The Oklahoma Workers' Compensation Act" to
"The Oklahoma's Workers' Compensation Code." The reason for the
overhaul was to reduce workers' compensation insurance rates, and
almost immediately upon passing the new legislation a filing was
made to reduce workers' compensation rates by 1.7% effective
January 1, 2012.

Workers' compensation subrogation in Oklahoma is governed by
statute.2 Newly enacted Section 348 (formerly Section 44 – now
repealed) provides that if a worker is injured or killed by "the
negligence of another not in the same employ," the worker must
"elect" between filing a compensation claim or a third-party
lawsuit.3 This "election" is designed to protect the rights of the
workers' compensation carrier to be fully subrogated to the injured
worker's claims against third parties, and to guard against the
worker receiving a double recovery.4 However, the mere fact that a
worker receives benefits under the Workers' Compensation Code
does not preclude him from maintaining an action against a third-
party tortfeasor.5 If the worker elects to proceed with a workers'
compensation claim, the cause of action against the third-party
tortfeasor is assigned to the workers' compensation carrier.6 If the
worker elects to proceed with an action against the third-party
tortfeasor, the carrier is liable only for the deficiency between the
amount recovered in the third-party action and the compensation
provided and estimated to be owed in the future.7 Section 348 reads
as follows:


Table of Contents

§ 11.37 Oklahoma

§ 11.37[1] Statutory Subrogation Rights
§ 11.37[2] Third Parties
§ 11.37[3] Allocation of Third-Party Recovery
§ 11.37[4] Attorneys' Fees and Costs
§ 11.37[5] Credit/Advance
§ 11.37[6] Related Subrogation Issues
§ 11.37[7] Statutes of Limitations
§ 11.37[8] Workers' Compensation in Oklahoma


Author Detail

Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. Mr. Wickert is also a politician in Wisconsin, serving his fourth term as Town Supervisor in the Township of Cedarburg. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., he returned to his native Wisconsin in 1998 and co-founded the firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 300 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 250 insurance companies. Gary Wickert is also a commercial fiction author and his latest political thriller, Dark Redemption (Tudor Publishers), is available on

Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also nationally certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA), for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly twenty-five years, he has also served as an expert witness on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named one of Law & Politics and Milwaukee Super Lawyers magazine's Super Lawyers for 2005, 2006, and 2008. For a complete resume on Gary L. Wickert, see Appendix A-13 of this book.


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