Unemployment Insurance Claim Statistics for Oklahoma 2012
Prepared by: John E. Miley
General Counsel
Oklahoma Employment Security Commission
I. Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2012 : 141,082
II. Initial claims made to the OESC that were protested by the employer in 2012 : 72,920
A. Due to voluntary quit: 28,138
Decisions to allow benefits (in favor of claimants): 1,690
Decisions to deny benefits (in favor of employers): 26,448
Percentages at Claims Adjudication :
Allowed Claims: 6.0%
Disallowed Claims: 94.0%
Due to discharge for misconduct: 44,782
Decisions to allow benefits (in favor of claimants): 26,797
Decisions to deny benefits (in favor of employers): 18,045
Percentages at Claims Adjudication :
Allowed Claims: 59.8%
Disallowed Claims: 40.2%
III. Appeals decided by the Appeal Tribunal for calendar year 2012:
Total appeals: 15,857
Total reversals: 4,797
Reversal rate: 30.3%
Percentages before the Appeal Tribunal :
Allowed Claims: 38.0%
Disallowed Claims: 62.0%
IV. Appeals decided by the Board of Review for calendar year 2012 :
Total appeals: 1,843
Total reversals: 61
Total remands: 62
Reverse or remand rate: 6.7%
Percentages before the Board of Review:
Allowed Claims: 31.0%
Disallowed Claims: 69.0%
1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center.
2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more. If the employer protests the claim, a claims adjudicator will contact the claimant and employer. The adjudicator will obtain additional information about the claim and protest. The adjudicator will then make a written determination based on the information received. The determination will be mailed to both parties with appeal rights set out in the document.
3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.
4 In discharge for misconduct cases, the standard is set out in the case of Vester v. Board of Review, 1985 OK 21, 697 P.2d 533, where it is stated that misconduct sufficient to deny unemployment benefits is limited, “to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence in such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”
5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer. All parties appear before the hearing officer at the same time. An audio recording is made of each hearing. Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party. At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination.
6 The Board of Review is a separate governmental entity from the OESC. It is made up of three members appointed by the Governor for six-year terms. The members are not employees of the OESC. The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal. The appeal to the Board is on the record only. The members review all documentary evidence submitted below and listen to the audio recording of the hearing. Rulings are made by a majority vote of the Board members. Determinations are made in writing and mailed to each party. Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.
Unemployment Insurance Claim Statistics for Oklahoma 2011
Prepared by: John E. Miley
General Counsel
Oklahoma Employment Security Commission
- Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 20111: 170,802
- Initial claims made to the OESC that were protested by the employer in 20112: 60,313
- Due to voluntary quit: 15,401
Decisions to allow benefits (in favor of claimants):
Decisions to deny benefits (in favor of employers): |
1,897
13,504 |
Percentages at Claims Adjudication3:
Allowed Claims 12.3%
Disallowed Claims 87.7%
-
Due to discharge for misconduct: 44,912
Decisions to allow benefits (in favor of claimants): 27,108
Decisions to deny benefits (in favor of employers): 17,804
Percentages at Claims Adjudication4:
Allowed Claims 60.4%
Disallowed Claims 39.6%
- Appeals decided by the Appeal Tribunal for calendar year 2011:
Total appeals:
Total reversals:
Reversal rate: |
16,373
4,890
29.9% |
Percentages before the Appeal Tribunal 5:
Allowed Claims:
Disallowed Claims: |
38.3%
61.7% |
- Appeals decided by the Board of Review for calendar year 20116:
Total appeals:
Total reversals:
Total remands:
Reverse or remand rate:
|
2,156
51
133
8.5%
|
Percentages before the Board of Review:
Claimants:
Employers: |
32.5%
67.5% |
|
1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center.
2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more. If the employer protests the claim, a claims adjudicator will contact the claimant and employer. The adjudicator will obtain additional information about the claim and protest. The adjudicator will then make a written determination based on the information received. The determination will be mailed to both parties with appeal rights set out in the document.
3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.
4 In discharge for misconduct cases, the standard is set out in the case of Vester v. Board of Review, 1985 OK 21, 697 P.2d 533, where it is stated that misconduct sufficient to deny unemployment benefits is limited, “to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence in such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”
5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer. All parties appear before the hearing officer at the same time. An audio recording is made of each hearing. Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party. At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination.
6 The Board of Review is a separate governmental entity from the OESC. It is made up of three members appointed by the Governor for six-year terms. The members are not employees of the OESC. The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal. The appeal to the Board is on the record only. The members review all documentary evidence submitted below and listen to the audio recording of the hearing. Rulings are made by a majority vote of the Board members. Determinations are made in writing and mailed to each party. Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.
Unemployment Insurance Claim Statistics for Oklahoma 2010
Prepared by: John E. Miley
General Counsel
Oklahoma Employment Security Commission
I. Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2010 : 199,495
II. Initial claims made to the OESC that were protested by the employer in 2010 : 62,580
A. Due to voluntary quit: 16,599
Decisions to allow benefits (in favor of claimants): 2,610
Decisions to deny benefits (in favor of employers): 13,989
Winning percentages :
Claimants 15.7%
Employers 84.3%
Due to discharge for misconduct: 45,981
Decisions to allow benefits (in favor of claimants): 28,427
Decisions to deny benefits (in favor of employers): 17,554
Winning percentages :
Claimants 61.8%
Employers 38.2%
III. Appeals filed with the Appeal Tribunal for calendar year 2010:
Total appeals: 19,819
Total reversals: 5,811
Reversal rate: 29.3%
Winning percentages before the Appeal Tribunal :
Claimants: 40.2%
Employers: 59.8%
IV. Appeals filed with the Board of Review for calendar year 2010 :
Total appeals: 2,599
Total reversals: 32
Total remands: 277
Reverse or remand rate: 11.9%
Percentages before the Board of Review:
Claimants: 35%
Employers: 65%
1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center.
2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more. If the employer protests the claim, a claims adjudicator will contact the claimant and employer. The adjudicator will obtain additional information about the claim and protest. The adjudicator will then make a written determination based on the information received. The determination will be mailed to both parties with appeal rights set out in the document.
3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.
4 In discharge for misconduct cases, the standard is set out in the case of Vester v. Board of Review, 1985 OK 21, 697 P.2d 533, where it is stated that misconduct
sufficient to deny unemployment benefits is limited, “to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence in such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”
5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer. All parties appear before the hearing officer at the same time. An audio recording is made of each hearing. Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party. At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination.
6 The Board of Review is a separate governmental entity from the OESC. It is made up of three members appointed by the Governor for six-year terms. The members are not employees of the OESC. The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal. The appeal to the Board is on the record only. The members review all documentary evidence submitted below and listen to the audio recording of the hearing. Rulings are made by a majority vote of the Board members. Determinations are made in writing and mailed to each party. Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.
Unemployment Insurance Claim Statistics for Oklahoma 2009
.
| I |
Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 20091: 241,143 |
| |
|
| II |
Initial claims made to the OESC that were protested by the employer in 20092: 69,477 |
| |
A |
Due to voluntary quit: |
18,950 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
3,108 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
15,842 |
|
| |
|
|
|
|
| |
|
Winning percentages3: |
|
|
| |
|
|
Claimants |
16.4% |
|
|
|
| |
|
|
Employers |
83.6% |
|
|
|
| |
|
|
|
|
| |
B |
Due to discharge for misconduct: |
50,577 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
32,078 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
18,499 |
|
| |
|
|
|
|
| |
|
Winning percentages4: |
|
|
| |
|
|
Claimants |
63.4% |
|
|
|
| |
|
|
Employers |
36.6% |
|
|
|
| |
|
|
|
|
| III |
Appeals filed with the Appeal Tribunal for calendar year 2009: |
| |
Total appeals: |
16,815 |
|
|
|
| |
Total reversals: |
5,105 |
|
|
|
| |
Reversal rate: |
30.3% |
|
|
|
| |
|
|
|
|
| |
Winning percentages before the Appeal Tribunal5: |
|
|
| |
|
Claimants |
39.6% |
|
|
|
| |
|
Employers |
60.4% |
|
|
|
| |
|
|
|
|
| IV |
Appeals filed with the Board of Review for calendar year 20096: |
| |
Total appeals: |
2,034 |
|
|
|
| |
Total reversals: |
25 |
|
|
|
| |
Total remands: |
213 |
|
|
|
| |
Reversal rate: |
11.7% |
|
|
|
| |
|
|
|
|
| |
Winning percentages before the Board of Review: |
|
|
| |
|
|
Claimants |
34% |
|
|
|
| |
|
|
Employers |
66% |
|
|
|
| |
|
|
|
|
|
1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center.
2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more. If the employer protests, a claims adjudicator will contact the claimant and employer separately to obtain additional information about the claim and protest. The adjudicator will then make a written determination based on the information received. The determination will be mailed to both parties with appeal rights set out in the document.
3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.
5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer. All parties appear before the hearing officer at the same time. An audio recording is made of each hearing. Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party. At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination.
6 The Board of Review is a separate governmental entity from the OESC. It is made up of three members appointed by the Governor for six-year terms. The members are not employees of the OESC. The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal. The appeal to the Board is on the record only. The members review all documentary evidence submitted below and listen to the audio recording of the hearing. Rulings are made by a majority vote of the Board members. Determinations are made in writing and mailed to each party. Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.
|
Unemployment Insurance Claim Statistics for Oklahoma 2008
| I |
Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 20081: 103,410 |
| |
|
| II |
Initial claims made to the OESC that were protested by the employer in 20082: |
| |
A |
Due to voluntary quit: |
12,833 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
2,071 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
10,762 |
|
| |
|
|
|
|
| |
|
Winning percentages3: |
|
|
| |
|
|
Claimants |
16.1% |
|
|
|
| |
|
|
Employers |
83.9% |
|
|
|
| |
|
|
|
|
| |
B |
Due to discharge for misconduct: |
34,336 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
22,289 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
12,047 |
|
| |
|
|
|
|
| |
|
Winning percentages4: |
|
|
| |
|
|
Claimants |
64.9% |
|
|
|
| |
|
|
Employers |
35.1% |
|
|
|
| |
|
|
|
|
| III |
Appeals filed with the Appeal Tribunal for calendar year 2008: |
| |
Total appeals: |
10,570 |
|
|
|
| |
Total reversals: |
3,192 |
|
|
|
| |
Reversal rate: |
30.2% |
|
|
|
| |
|
|
|
|
| |
Winning percentages before the Appeal Tribunal5: |
|
|
| |
|
Claimants |
38.4% |
|
|
|
| |
|
Employers |
61.6% |
|
|
|
| |
|
|
|
|
| IV |
Appeals filed with the Board of Review for calendar year 20086: |
| |
Total appeals: |
1,537 |
|
|
|
| |
Total reversals: |
11 |
|
|
|
| |
Total remands: |
185 |
|
|
|
| |
Reversal rate: |
12.8% |
|
|
|
| |
|
|
|
|
| |
Winning percentages before the Board of Review: |
|
|
| |
|
|
Claimants |
32% |
|
|
|
| |
|
|
Employers |
68% |
|
|
|
| |
|
|
|
|
|
1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center.
2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more. If the employer protests, a claims adjudicator will contact the claimant and employer separately to obtain additional information about the claim and protest. The adjudicator will then make a written determination based on the information received. The determination will be mailed to both parties with appeal rights set out in the document.
3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.
5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer. All parties appear before the hearing officer at the same time. An audio recording is made of each hearing. Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party. At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination.
6 The Board of Review is a separate governmental entity from the OESC. It is made up of three members appointed by the Governor for six-year terms. The members are not employees of the OESC. The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal. The appeal to the Board is on the record only. The members review all documentary evidence submitted below and listen to the audio recording of the hearing. Rulings are made by a majority vote of the Board members. Determinations are made in writing and mailed to each party. Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.
|
Unemployment Insurance Claim Statistics for Oklahoma 2007
| I |
Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2007 1: 112,153 |
| |
|
| II |
Initial claims made to the OESC that were protested by the employer in 2007 2: |
| |
A |
Due to voluntary quit: |
11,496 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
1,761 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
9,735 |
|
| |
|
|
|
|
| |
|
Winning percentages 3: |
|
|
| |
|
|
Claimants |
15.3% |
|
|
|
| |
|
|
Employers |
84.7% |
|
|
|
| |
|
|
|
|
| |
B |
Due to discharge for misconduct: |
30,292 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
19,283 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
11,009 |
|
| |
|
|
|
|
| |
|
Winning percentages 4: |
|
|
| |
|
|
Claimants |
63.7% |
|
|
|
| |
|
|
Employers |
36.3% |
|
|
|
| |
|
|
|
|
| III |
Appeals filed with the Appeal Tribunal for calendar year 2007: |
| |
Total appeals: |
9,645 |
|
|
|
| |
Total reversals: |
2,830 |
|
|
|
| |
Reversal rate: |
29.3% |
|
|
|
| |
|
|
|
|
| |
Winning percentages before the Appeal Tribunal 5: |
|
|
| |
|
Claimants |
40.2% |
|
|
|
| |
|
Employers |
59.8% |
|
|
|
| |
|
|
|
|
| IV |
Appeals filed with the Board of Review for calendar year 2007 6: |
| |
Total appeals: |
1,342 |
|
|
|
| |
Total reversals: |
22 |
|
|
|
| |
Total remands: |
111 |
|
|
|
| |
Reversal rate: |
9.9% |
|
|
|
| |
|
|
|
|
| |
Winning percentages before the Board of Review: |
|
|
| |
|
|
Claimants |
35.8% |
|
|
|
| |
|
|
Employers |
64.2% |
|
|
|
| |
|
|
|
|
|
1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center.
2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more. If the employer protests, a claims adjudicator will contact the claimant and employer separately to obtain additional information about the claim and protest. The adjudicator will then make a written determination based on the information received. The determination will be mailed to both parties with appeal rights set out in the document.
3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.
5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer. All parties appear before the hearing officer at the same time. An audio recording is made of each hearing. Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party. At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination.
6 The Board of Review is a separate governmental entity from the OESC. It is made up of three members appointed by the Governor for six-year terms. The members are not employees of the OESC. The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal. The appeal to the Board is on the record only. The members review all documentary evidence submitted below and listen to the audio recording of the hearing. Rulings are made by a majority vote of the Board members. Determinations are made in writing and mailed to each party. Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.
|
|
Unemployment Insurance Benefit Claims and Payments
|
| 1990 |
166,497 |
|
$ |
101,704,000 |
| 1991 |
161,637 |
|
$ |
124,487,000 |
| 1992 |
114,982 |
|
$ |
141,408,000 |
| 1993 |
136,702 |
|
$ |
116,107,000 |
| 1994 |
109,799 |
|
$ |
106,850,000 |
| 1995 |
117,569 |
|
$ |
101,179,000 |
| 1996 |
119,602 |
|
$ |
99,400,000 |
| 1997 |
98,845 |
|
$ |
83,844,000 |
| 1998 |
103,274 |
|
$ |
92,904,000 |
| 1999 |
98,357 |
|
$ |
120,085,000 |
| 2000 |
98,053 |
|
$ |
111,201,065 |
| 2001 |
146,208 |
|
$ |
182,581,276 |
| 2002 |
154,590 |
|
$ |
252,419,796 |
| 2003 |
169,116 |
|
$ |
282,379,845 |
| 2004 |
145,103 |
|
$ |
207,176,716 |
| 2005 |
122,125 |
|
$ |
156,047,077 |
| 2006 |
101,595 |
|
$ |
149,197,570 |
| 2007 |
112,153 |
|
$ |
153,706,474 |
| |
|
|
|
|
Unemployment Insurance Claim Statistics for Oklahoma 2006
| I |
Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2006 1: 101,595 |
| |
|
| II |
Initial claims made to the OESC that were protested by the employer in 2006 2: |
| |
A |
Due to voluntary quit: |
11,659 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
1,864 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
9,795 |
|
| |
|
|
|
|
| |
|
Winning percentages 3: |
|
|
| |
|
|
Claimants |
16% |
|
|
|
| |
|
|
Employers |
84% |
|
|
|
| |
|
|
|
|
| |
B |
Due to discharge for misconduct: |
30,151 |
|
| |
|
Decisions to allow benefits (in favor of claimants): |
18,649 |
|
| |
|
Decisions to deny benefits (in favor of employers): |
11,502 |
|
| |
|
|
|
|
| |
|
Winning percentages 4: |
|
|
| |
|
|
Claimants |
61.9% |
|
|
|
| |
|
|
Employers |
38.1% |
|
|
|
| |
|
|
|
|
| III |
Appeals filed with the Appeal Tribunal for calendar year 2006 5: |
| |
Total appeals: |
10,358 |
|
|
|
| |
Total reversals: |
3,091 |
|
|
|
| |
Reversal rate: |
29.8% |
|
|
|
| |
|
|
|
|
| |
Winning percentages before the Appeal Tribunal: |
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Claimants |
40.8% |
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Employers |
59.2% |
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| IV |
Appeals filed with the Board of Review for calendar year 2006 6: |
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Total appeals: |
1,581 |
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Total reversals: |
23 |
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Total remands: |
166 |
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Reversal rate: |
12% |
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Winning percentages before the Board of Review: |
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Claimants |
40.5% |
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Employers |
59.5% |
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1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center.
2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more. If the employer protests, a claims adjudicator will contact the claimant and employer separately to obtain additional information about the claim and protest. The adjudicator will then make a written determination based on the information received. The determination will be mailed to both parties with appeal rights set out in the document.
3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.
5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer. All parties appear before the hearing officer at the same time. An audio recording is made of each hearing. Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party. At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination.
6 The Board of Review is a separate governmental entity from the OESC. It is made up of three members appointed by the Governor for six-year terms. The members are not employees of the OESC. The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal. The appeal to the Board is on the record only. The members review all documentary evidence submitted below and listen to the audio recording of the hearing. Rulings are made by a majority vote of the Board members. Determinations are made in writing and mailed to each party. Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.
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