Oklahoma Statutes

Okla. Stat. tit. 85A, § 57 (2026)

Failure to appear for scheduled appointments

✓ current as of July 2026

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A. If an injured employee misses two or more scheduled appointments for treatment, he or she shall no longer be eligible to receive benefits under this act, unless his or her absence was: 1. Caused by extraordinary circumstances beyond the employee's control as determined by the Commission; or 2. The employee gave the employer at least two (2) hours prior notice of the absence and had a valid excuse. B. Inability to get transportation to or from the appointment shall not be considered extraordinary circumstances nor a valid excuse for the absence. Added by Laws 2013, c. 208, § 57, eff. Feb. 1, 2014.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2017–2022 · leading case: Hill v. Am. Med. Response, 2018 OK 57 (Okla. 2018).

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Hill v. Am. Med. Response, 2018 OK 57 (Okla. 2018). “§ 2(30) (defining misconduct); 85A O.S. § 57 (terminating benefits for missing scheduled appointments (held unconstitutional in Gibby v.”

Gibby v. Hobby Lobby Stores, Inc., 2017 OK 78 (Okla. 2017). “Okla. Stat. tit. 85A, § 57 (Supp. 2013)(eff.”

Mullendore v. Mercy Hosp. Ardmore, 438 P.3d 358 (Okla. 2019). “3d 44 , 48 (declaring 85A O.S.Supp.2013 § 57 unconstitutional because it "violates the adequate remedy provision of Article II, section 6, of the Oklahoma Constitution"); Maxwell v.”

Mullendore v. Mercy Hosp. Ardmore, 2019 OK 11 (Okla. 2019). “3d 44, 48 (declaring 85A O.S.Supp.2013 § 57 unconstitutional because it "violates the adequate remedy provision of Article II, section 6, of the Oklahoma Constitution"); Maxwell v.”

Jones v. Cabler, 2023 OK CIV APP 10 (Okla. Civ. App. 2022). “However, Gibby involved 85A O.S. § 57, which literally enacted a forfeiture of benefits if an injured employee missed two or more scheduled appointments for treatment.”

Gibby v. Hobby Lobby Stores Inc., 2017 OK 78 (Okla. 2017). · cites it 3× “Okla. Stat. tit. 85A, § 57 (Supp. 2013)(eff.”

Hill v. Am. Med. Response, 2018 OK 57 (Okla. 2018). “§ 2(30) (defining misconduct); 85A O.S. § 57 (terminating benefits for missing scheduled appointments (held unconstitutional in Gibby v.”

Jones v. Cabler, 529 P.3d 920 (Okla. Civ. App. 2022). “3d 44 Gibby involved 85A O.S. § 57 of benefits if an injured employee missed two or more scheduled appointments for treatment.”

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