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§ 314. Immunity from civil liability

Oklahoma Statutes AnnotatedTitle 85A. Workers’ CompensationEffective: May 28, 2019

Oklahoma Statutes Annotated
Title 85a. Workers' Compensation
Chapter 3. Workers' Compensation Arbitration Act
Effective: May 28, 2019
85A Okl.St.Ann. § 314
§ 314. Immunity from civil liability
A. Arbitrators and arbitration organizations providing services under this act are immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
B. The immunity afforded by this section supplements any immunity under other law.
C. The failure of an arbitrator to make a disclosure required by Section 312 of this title shall not cause any loss of immunity under this section.
D. An arbitrator or representative of an arbitration organization is not competent to testify in a judicial, administrative, or similar proceeding and may not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection shall not apply to:
1. The extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or
2. A hearing on an application and motion to vacate an award under paragraph 1 or 2 of subsection A of Section 323 of this title if the movant establishes prima facie that a ground for vacating the award exists.
E. If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection D of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney fees and other reasonable expenses of litigation.

Credits

Laws 2013, c. 208, § 135, eff. Feb. 1, 2014; Laws 2019, c. 476, § 48, emerg. eff. May 28, 2019.
85A Okl. St. Ann. § 314, OK ST T. 85A § 314
Current with legislation of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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