WORKERS’ COMPENSATION COURT OF EXISTING CLAIMS RULEScec.ok.gov/PDF/CEC rules as approved by Sup...

WORKERS’ COMPENSATION COURT OF EXISTING CLAIMS RULESAS APPROVED BY ORDER OF THE OKLAHOMA SUPREME COURT ON 01/16/2014 AND CITED AS 2014 OK 2

APPLICABLE TO THE WORKERS’ COMPENSATION COURT OF EXISTING CLAIMS PER 85A O.S., §400(D)

EFFECTIVE JANUARY 31, 2014

RULE 1.ADMINISTRATOR

A. The Administrator shall perform suchduties and responsibilities as authorized by law,and as the judges of the Court may prescribe.

B. When the Court Administrator’s position isvacant, the Presiding Judge of the Workers’Compensation Court may reassign theAdministrator’s duties and responsibilities to otheremployees or judges of the Workers’Compensation Court to insure the autonomy andintegrity of the Court’s operation. Whether theposition is vacant or not, the Court retains controlof the Court’s staff and personnel policies,including, but not limited to, the employment, jobdescriptions and supervision of its staff, employeeleave, employee evaluations, employee salaries,reimbursement of travel and related expenses, andother policies required to conduct the business ofa court of record in this state.

RULE 2.CONTROLLING PROVISIONS

A. Title 85 of the Oklahoma Statutes andCourt rules of workers’ compensation practice andprocedure in effect before February 1, 2014, andinterpretive case law of such provisions, areincorporated herein by reference. Single eventinjuries or deaths are subject to the workers’compensation statutory law and Court rules ofpractice and procedure in effect on the date ofinjury or death, as applicable. Cumulative traumainjuries or occupational diseases or illnesses aresubject to the workers’ compensation statutory lawand Court rules of practice and procedure in effectat the time the employee knew or should haveknown that the cumulative trauma injury,occupational disease or illness was related to workactivity.

B. Any matter of practice or procedure notspecifically dealt with by Title 85 of the OklahomaStatutes or these rules will be guided by practiceor procedure followed in the district courts of thisstate.

RULE 3.FORMS UNDER OLD RULES

A. Forms or other documents which were inconformity or compliance with Court rules whenfiled shall be given full effect in accordance withthe Court procedure in force at the time of theirfiling.

B. All forms and other documents shall besubmitted to the Workers' Compensation Court onletter size, 8 ½" x 11", paper.

RULE 4.DOCUMENTS AND ORDERS - SIGNATURES

A. Any document, correspondence or ordersubmitted to the Court, Court Administrator or toany trial judge thereof, shall be typed or printedlegibly and shall bear the typed or printed nameand the signature of the person who prepared thedocument or correspondence; the firm name ifapplicable; the complete address, including the zipcode; the telephone number, including the areacode; and the assigned file number, if any. If thedocument or correspondence has been preparedby an attorney, the attorney’s Oklahoma BarAssociation number shall also be listed.

B. The signature of an attorney or partyconstitutes the following:

1. a certification that the form, motion orother paper has been read;

2. that to the best of the attorney’s or party’sknowledge, information and belief formed afterreasonable inquiry, it is well grounded in fact andis warranted by existing law or a good faithargument for the extension, modification orreversal of existing law; and

3. that it is not interposed for any improperpurpose, such as to harass or to causeunnecessary delay or needless increase in thecost of litigation.

C. Any document or correspondencesubmitted to the Court shall include a certificate ofmailing to all parties.

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RULE 5.DATE OF FILING - STAMPING -

TIME COMPUTATION

A. All forms filed with the Court shall be file-stamped by the Clerk on the date of receipt.

B. The time within which an act is to be done,as provided in Title 85 of the Oklahoma Statutes orthese rules, shall be computed by excluding thefirst day and including the last day. If the last dayis a legal holiday as defined in 25 O.S., §82.1, itshall be excluded, and performance of that actshall be required on the next regular business day. Time limits related to filing dates shall becomputed as provided in this rule from the date offiling as reflected by the date of the file stamp onthe document. When the period of time prescribedor allowed is less than eleven (11) days,intermediate legal holidays and any other daywhen the office of the court clerk does not remainopen for public business until the regularlyscheduled closing time, shall be excluded from thecomputation.

RULE 6.CORRESPONDENCE WITH THE COURT;

PROHIBITED COMMUNICATIONSWITH THE COURT AND

COURT APPOINTED PROFESSIONALS

A. All required filings pertaining to any caseshall be sent to the Workers’ Compensation CourtAdministrator, 1915 North Stiles Avenue,Oklahoma City, Oklahoma 73105. After the casehas been assigned, correspondence may beaddressed to the assigned trial judge.

B. Parties, attorneys, mediators, casemanagers, vocational rehabilitation evaluators,witnesses and medical providers shall have no exparte communications with the assigned trial judgeregarding the merits of a specific matter pendingbefore the assigned judge of the Workers’Compensation Court.

C. 1. Direct or indirect ex partecommunications with court appointedprofessionals regarding specific cases or claimantsare prohibited except as provided in thissubsection.

2. For purposes of this subsection, “courtappointed professionals” means independentmedical examiners, vocational rehabilitationcounselors, case managers, and others who havebeen appointed by the Court to provide services or

treatment to the claimant. The term also includesthe office staff of the professional and anyphysician who accepts a referral from a courtappointed professional for treatment or evaluationof the claimant when such referral is authorized bythe Court. The term excludes a Form A physicianselected pursuant to 85 O.S., Section 336(E).

3. Permitted communications are thefollowing:

a. Joint letter of the parties requestinginformation or opinions from the courtappointed professional after approval bythe assigned judge.

b. Communication with the staff of a court-appointed independent medical examinerto schedule or verify an appointment, or toauthorize diagnostic testing, treatment orsurgery.

c. Communications with a court appointedcase manager concerning light dutyissues consistent with the physician’srestrictions.

d. Any communication between the claimantand the court appointed professionalnecessary to complete the claimant’streatment, testing or evaluation.

e. Communication between court appointedprofessionals.

4. Failure to comply with this subsectionmay, in the discretion of the assigned judge, resultin imposition of costs, citation for contempt ofcourt, or sanctions against the offending party.

5. This subsection applies to the attorneys,agents, and employees of the parties and anyoneacting on their behalf.

6. Instances of prohibited communicationswith a court appointed professional shall becommunicated by the court appointed professionalto the assigned judge and all counsel, in writing.

RULE 7.APPEARANCE OF PARTIES

A. A party in any proceeding before thisCourt, including agreed settlements, may appearpro se, by an attorney licensed to practice law inOklahoma, by an out-of-state attorney admitted topractice before the Court pursuant to rules of the

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Oklahoma Bar Association, or by a licensed legalintern. Provided further, corporate entities, limitedliability companies, insurance companies and ownrisk employers may appear only by an attorney. No persons except licensed attorneys, pro selitigants, and legal interns knowledgeable of thecase may present documents to the judge forsignature.

B. Attorneys who will appear before the Courton behalf of a party shall notify the Court of theirappearance by filing an entry of appearance. Anentry of appearance on behalf of the respondentshall be filed no later than ten (10) days after therespondent’s receipt of a file-stamped copy of aForm 3, 3A, 3B or 3F. The entry of appearance forthe respondent shall contain language statingwhether the employer is an active member of acertified workplace medical plan in which theclaimant is potentially enrolled, and if so, the nameof the plan.

C. The attorney of record for the claimant ina case shall be the attorney signing the first Form3, 3A, 3B or 3F filed in the case. Any otherattorney who files an entry of appearance onbehalf of any party in the case or who is identifiedas a substitute attorney pursuant to a notice ofsubstitution of attorney shall also be considered anattorney of record. The Court shall send notices toall attorneys of record until a substitution ofattorney has been filed or an Application for Leaveto Withdraw as Attorney has been filed andgranted by the Court pursuant to Rule 51(B). Various attorneys may appear before the Court ina matter, but notice shall be sent only to thoseattorneys who are an “attorney of record” asdefined in this subsection.

RULE 8.FORMS - PREPARATION

AND ADOPTION - USE

The Court shall prepare and adopt such formsfor use in matters before the Court as it may deemnecessary or advisable. Whenever Court formsare prescribed and are applicable, they shall beused. Printed copies of all forms may be procuredin reasonable quantities upon request to the Clerkof the Court, or may be downloaded from theCourt’s web site.

The following forms have been adopted by theCourt:

Form 1A: O k l a h o m a W o r k e r s ’Compensation Notice and Instruction to Employers andEmployees.

Form 1B: Employer’s Application forPermission to Carry Its OwnRisk Without Insurance.

Form CCS Certificate to CompromiseSettlement.

FormCS-Appendix Appendix to Compromise

Settlement.

Form CS-339-A Compromise Settlement.

Form CS-339-B Compromise Settlement –Agreement Between Employerand Employee as to Fact withRelation to an Injury andPayment of Compensation.

Form CSD-337 Compromise Settlement (DeathClaim).

Form 2: Employer’s First Notice ofInjury.

Form 3: Employee’s First Notice ofAccidental Injury and Claim forCompensation.

Form 3A: Claimant’s First Notice of Death

and Claim for Compensation.

Form 3B: Employee’s First Notice ofOccupational Disease andClaim for Compensation.

Form 3F: Employee’s Notice of Claim forBenefits from the Multiple InjuryTrust Fund.

Form 4: Treating Physician’s Reportand Notice of Treatment.

Form 5: Physician’s Report on Releaseand Restrictions.

Form 7: Designation of Service Agent.

Form 9: Motion to Set for Trial.

Form 10: Answer and Pretrial StipulationOffered by Respondent.

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Form 10A: Respondent’s Response toClaimant’s Form A Applicationfor Change of Physician

Form 10M: Response to Request forPayment of Charges forMedical or RehabilitationServices.

Form 13: Request for Prehear ingConference.

Form 17: P h y s i c i a n D i s c l o s u r eStatement.

Form 18: Request for Court AdministratorReview of Medical Charges.

Form 19: Part I. Request for Paymentof Charges for Healthor Rehabi l i ta t ionServices.

Part II. Notice of Appeal ofCourt AdministratorOrder.

Form 20: Proof of Loss (Death Claim).

Form 93: Application and Order ForLeave to Withdraw as Attorneyof Record.

Form 99: Pauper’s Affidavit.

Form 100: Claimant’s Application andOrder for Dismissal.

Form 463: Application for PhysiciansSeeking Appointment as anIndependent Medical Examiner.

Form 626: Application for Medical CaseManager.

Form 862: Application for VocationalRehabilitation Evaluator.

Form A: Claimant’s Application forChange of Physician andRequest for Hearing.

Form 926 Mediator Application.

NPT Request Nunc Pro Tunc Request.

Request for Appointment of Independent MedicalExaminer, Rehabilitation Evaluator or MedicalCase Manager.

RULE 9.NOTICE OF INJURY

An employee shall give oral or written notice ofinjury to the employer pursuant to 85 O.S.,Sections 318 and 323.

RULE 10.COMMENCEMENT OF CLAIM AND

DESIGNATION OF A SERVICE AGENT

A. A claim for compensation under theWorkers' Compensation Code shall becommenced by filing, in quadruplicate, anexecuted notice form that includes the employer’sFederal Employer Identification Number. Thefollowing forms shall be used, as appropriate:

1. Form 3 for accidental injury benefits;

2. Form 3A for death benefits; and

3. Form 3B for occupational diseasebenefits.

B. A proceeding under Rule 50, to addresspayment of disputed health service expenses(physician's fees, hospital costs, etc.) shall becommenced by filing a Form 18 or Form 19. Aproceeding under Rule 50 to address disputedvocational rehabilitation expenses or medical casemanagement expenses shall be commenced byfiling a Form 19. A Form 9 shall be filed to requesta hearing on a Form 19 dispute.

C. When the claimant files a claim forcompensation (Form 3, Form 3A or Form 3B), theCourt shall mail a file-stamped copy of the claimform bearing the assigned file number to a singleservice agent of the self-insured employer, groupself-insurance association, insurance carrier orCompSource Oklahoma which shall be designatedon a Form 7 and filed with the Court. The Courtshall send all notices and correspondence to theservice agent, until an entry of appearance is filedpursuant to Rule 7. If no service agent isdesignated on a Form 7, notices andcorrespondence shall be sent to:

1. the signatory on the self-insuranceapplication, if the insurer is a self-insuredemployer;

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2. the Administrator of the group self-insurance association, if the insurer is a group self-insurance association;

3. the person designated to receive notice ofservice of process for an insurer as provided in 36O.S., Section 621, if the insurer is a foreign oralien insurance carrier;

4. the President and Chief Executive Officerof CompSource Oklahoma, if the insurer isCompSource Oklahoma; or

5. the service agent on file with the Secretaryof State, if the insurer is a domestic insurancecarrier.

D. If the employer is uninsured or the Courtcannot determine insurance coverage, notices andcorrespondence shall be sent by certified mail tothe employer’s last known address until anattorney enters an appearance on behalf of theemployer or certified mail from the Court to theemployer is twice returned either unclaimed oraddressee unknown, whichever occurs first. Ifcertified mail from the Court to the employer istwice returned either unclaimed or addresseeunknown, subsequent mailings from the Court tothe employer shall be by United States regularmail and service upon the employer of notice ofthe compensation claim and proceedings shall beattempted by the claimant pursuant to 12 O.S.,Section 2004. The claimant has the burden ofestablishing that such service was effected.

RULE 11.CLAIMS AGAINST

MULTIPLE INJURY TRUST FUND

A. A claim against the Multiple Injury TrustFund shall be commenced by filing an executedForm 3F. The Form 3F shall list each of theclaimant’s prior adjudicated claims, the date ofeach injury, the Court file number and thepercentage of permanent partial impairment ordisability awarded for each injury. If the claimantclaims a pre-existing obvious and apparentdisability, the disability shall be fully described onthe Form 3F, but no percentage of impairmentneed be included. A Form 9 shall be filed torequest a hearing. Upon filing the Form 9, theclaimant or the claimant’s attorney shall mail acopy thereof to the Multiple Injury Trust Fund.

B. At the time of filing the Form 3F, theclaimant or the claimant’s attorney shall certify that

a true and correct copy thereof has been mailed tothe Multiple Injury Trust Fund.

C. The notation on the Form 3 or Form 3Bthat the claimant is a previously impaired personshall not be deemed to commence a claim againstthe Multiple Injury Trust Fund. The Form 3F mustbe filed in the claim in which benefits are soughtand shall use that same Court file number.

D. All requests by the Multiple Injury TrustFund for the appointment of an independentmedical examiner shall be governed by 85 O.S.,Section 329 and these rules.

RULE 12. (Intentionally left blank.)

RULE 13.DEATH CLAIMS AND REVIVOR ACTIONS

A. Death claims must be filed by the personalrepresentative of the deceased employee's estateif probate proceedings have begun. If no probateproceeding has been brought, a death claim maybe filed by the surviving spouse, or where there isno such spouse, then by the next of kin of thedeceased employee. If the latter is incompetent ora minor, the guardian of such person shall be theproper party-claimant.

B. All persons who have or may assert aclaim for death benefits shall be named in theclaim and their addresses and relationship to thedeceased shall be given.

C. If there are any heirs at law orbeneficiaries named in the claim whose currentwhereabouts are not known, notice to suchpersons shall be obtained by publication in thecounty in which the decedent last resided, and thecounty of the last known address of any such heiror beneficiary. Publication shall be for one timeper week for three successive weeks.

D. Revivor actions shall be conducted inaccordance with 12 O.S., Section 2025(A)(1).

RULE 14.COMMENCEMENT OF

TEMPORARY COMPENSATIONAND MEDICAL TREATMENT

A. Upon the receipt of notice that anemployee has been injured, the employer has anobligation under the Workers’ Compensation Codeto provide that employee with reasonable andnecessary medical treatment, and to commence

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temporary compensation if the employee isdisabled and unable to return to work for morethan seven (7) calendar days. It is not necessaryfor there to be any order of this Court directing theemployer to provide these benefits; provided thereshall be no payment for the first seven (7) days ofthe initial period of temporary total disability unlessthe Court declares the employee to be temporarilytotally disabled for more than twenty-one (21)calendar days. Payments of temporary totaldisability or temporary partial disability or voluntaryprovision of medical treatment shall not constituteadmission by the employer or the insurer as toliability, compensation rate or any other materialfact.

B. Once a Form 3 or 3B has been filed,temporary compensation shall be provided to theemployee as specified in 85 O.S., Section 332(E),unless the employer has timely denied the claimby filing a Form 10 which specifically notes thedenial of the employee's claim for temporarycompensation. A Form 9 may be filed by theemployee not less than ten (10) days after theemployee has filed a Form 3 or Form 3B.

C. Disputes involving multiple insurers ormultiple employers regarding liability for temporarydisability benefits and/or immediate medical careand the continuing health care expenses of anemployee shall be set for prehearing conferencebefore the assigned judge. The judge may directone carrier or employer to pay for such temporarydisability benefits and/or medical care, subject toreimbursement as provided in 85 O.S., Section409.

RULE 15.TERMINATION OF

TEMPORARY COMPENSATION

A. Temporary compensation may beterminated if the worker has no claim forcompensation (Form 3 or Form 3B) on file with theCourt. If there is a Form 3 or Form 3B on file, theemployer may terminate temporary compensationwithout a Court order only if one of the followingevents occur:

1. The claimant returns to full-timeemployment;

2. The claimant fails to:

a. object within ten (10) days of receipt ofwritten notification from the employer ofthe employer’s intent to terminate

temporary total disability benefits for anyreason provided in 85 O.S., Section332(B). Notification from the employershall be sent to the claimant’s attorney ofrecord or to the claimant if unrepresented;or

b. object within fifteen (15) days of receipt ofwritten notification from the employer ofthe employer’s intent to terminatetemporary total disability benefits asprovided in 85 O.S., Section 332(G). Notification from the employer shall besent to the claimant’s attorney of record orto the claimant if unrepresented;

3. Except as otherwise provided in 85 O.S.,Section 332(I), the claimant is incarcerated for amisdemeanor or felony conviction in this state oranother jurisdiction;

4. The claimant files a permanent partialimpairment or permanent total disability ratingreport or a Form 9 requesting a hearing onpermanent partial impairment or permanent totaldisability;

5. The parties voluntarily agree in writing toterminate temporary compensation;

6. The claimant dies; or

7. Any other event that causes temporarytotal disability benefits to be lawfully terminatedwithout Court order pursuant to 85 O.S., Section332 or as otherwise permitted in the Workers’Compensation Code.

B. In all other instances, temporarycompensation may be terminated only by Courtorder. A respondent may request a hearing on thetermination of temporary total disability benefits byfiling a Form 13 with the Court and concurrentlymailing a copy thereof to the opposing parties. The Form 13 mailed to the opposing parties shallinclude a copy of all evidentiary exhibits reliedupon by the respondent in support of terminatingtemporary compensation.

C. If a respondent is found to have improperlyterminated temporary compensation, the Courtshall order the compensation reinstated retroactiveto the date of termination and assess a fifteenpercent (15%) penalty against the respondent onall unpaid benefits as of the date of the trial. TheCourt also may require the respondent to file anew Form 13 and show full compliance with this

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rule before a trial on the respondent’s request toterminate temporary compensation will beconducted.

D. If the claimant objects to the termination oftemporary total disability benefits, the claimantmay request an expedited hearing on the issue ofreinstatement of temporary total disability benefitsas provided in 85 O.S., Section 332(B) or pursuantto 85 O.S., Section 332(G), as applicable.

RULE 16.DENIAL OF CLAIMS - DEFENSES

A. The respondent or its insurance carriermay deny liability of any claim, including a claimfor payment of health care services orrehabilitation expenses, or a claim for combineddisabilities, by timely filing a Form 10 or Form 10Munder Rule 19 or Rule 50, as appropriate.

B. 1. A general denial or failure to timely filea Form 10 or Form 10M shall be taken asadmitting all allegations in the claim form exceptjurisdictional issues; and

a. the extent, if any, of the claimant'sdisability, for a Form 3 or Form 3B claim;or

b. the amount due, if any, for a death claim.

2. Unless excused by the Court for goodcause shown, denials and affirmative defensesshall be asserted on the Form 10 or Form 10M orshall be waived. No reply to the Form 10 or Form10M is required.

RULE 17.SCHEDULING CONFLICTS INVOLVINGMATTERS SET BEFORE THIS COURT

Any attorney with a scheduling conflict shallprovide seven (7) days notice in writing toopposing counsel and all assigned judges alongwith a proposed resolution of the conflict. Thejudges affected may confer and require the partiesto appear earlier than scheduled, or strike andreschedule any affected hearing, all as justice mayrequire. Scheduling conflicts between this courtand other courts are governed by the Guidelinesfor Resolving Scheduling Conflicts adopted by theOklahoma Supreme Court at 1998 OK 117.

RULE 18. (Intentionally left blank.)

RULE 19.MOTIONS TO SET

AND PRETRIAL STIPULATIONS

A. Any party may request a trial on any issueby filing a Form 9. When a Form 9 is filed on theissues of permanent partial impairment orpermanent total disability, the claimant shall delivera verified or declared medical report to theopposing attorney(s). The name of the physicianand the date of the report shall be noted on theForm 9. No Form 9 may be filed less than ten (10)days from the date the claimant has filed a Form 3,3A or 3B with the Court.

B. Except for objections to termination oftemporary compensation made pursuant to 85O.S., Section 332(B) or 85 O.S., Section 332(G),which shall be set by the Court on the assignedtrial judge’s prehearing conference docket, allcases involving a request for temporarycompensation or medical treatment shall be set bythe Court on a temporary issue scheduling docketprior to the case being docketed for trial, unlessotherwise directed by the assigned trial judge. Atthe time of the temporary issue scheduling docket,all parties, to the best of their ability, shall advisethe Court and all parties of the number ofwitnesses expected to be called at the time of trial.

C. The procedure to request a trial for thetermination of temporary compensation isgoverned by Rule 15.

D. In all cases, the respondent shall file aForm 10 or Form 10M no later than thirty (30) daysafter the filing of the Form 9. The Form 10 or Form10M may be amended at any time, not later thantwenty (20) days prior to the date of trial.

E. No later than twenty (20) days prior to thedate of trial, all parties shall exchange medicalreports, all documentary evidence, exhibits and acomplete list of witnesses with all opposing parties. Absent waiver by the opposing party, failurewithout good cause to comply with this subsectionshall result in:

1. Exclusion of the evidence if submitted attrial; or

2. A continuance of the proceedings andassessment of costs against the offending party,including all reasonable charges incurred by theopposing party for deposing the witness or cross-examining the witness regarding the untimely

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offered medical report, documentary evidence, orexhibit.

F. Both the Form 9, and the Form 10 or Form10M, shall list the names of all witnesses, includingany expert witnesses, which the party intends tocall at the time of trial. Any witness not listed shallnot be allowed to testify. Failure to comply withthis subsection shall result in the exclusion of theevidence, if submitted, at the trial.

G. The provisions of this rule may be excusedby the Court for good cause shown.

RULE 20.MEDICAL EVIDENCE

A. Expert medical testimony may be offeredby:

1. A verified or declared written medicalreport signed by the physician;

2. Deposition; or

3. Oral examination in open Court.

B. The Workers' Compensation Court,recognizing that it is costly and time-consuming tohave physicians appear at trial to testify,encourages the production of medical evidence byverified or declared written medical reports. TheCourt encourages but does not require the reportto include the following information, as applicable:

1. A complete history of the claimant,including all previous relevant or contributoryinjuries with a detailed description of the presentinjury.

2. The complaints of the claimant.

3. The physician's findings on examination,including a description of the examination and anydiagnostic tests and x-rays.

4. The date and cause of the alleged injuryand whether, in the physician's opinion, it is job-related.

5. The period during which the claimant wastemporarily and totally disabled and, if suchtemporary total disability has ended, the date onwhich it ended. If temporary total disabilitycontinues at the time of the report, the physicianshould so state.

6. A finding which apportions the percentageof claimant’s pre-existing permanent partialimpairment, if any.

7. Whether the claimant is capable ofreturning to light duty or full duty work, and whatphysical restrictions, if any, should be imposed onthe claimant, either temporarily or permanently.

8. Whether the claimant has reachedmaximum medical improvement.

9. Whether the claimant is able to return tothe claimant’s former employment or is acandidate for vocational rehabilitation.

10. Whether the claimant is in need ofcontinuing medical care, and if so, the type ofcontinuing medical care needed.

11. The existence or extent of any permanentimpairment.

12. An apportionment of injury causation.

13. Any other detailed factors upon which thephysician's evaluation of permanent impairment isbased.

C. Med ica l op in ions add ress ingcompensability and permanent impairment mustbe stated within a reasonable degree of medicalcertainty. Medical opinions concerning theexistence or extent of permanent impairment mustbe supported by objective medical evidence ofpermanent anatomical abnormality or loss of use,and, in appropriate cases, may include medicalevidence that the ability of the employee to earnwages at the same level as before the injury hasbeen impaired. Medical opinions supportingemployment as the major cause of occupationaldisease or age-related deterioration ordegeneration, must be supported by objectivemedical evidence. “Objective medical evidence”includes medical testimony that rests on reliablescientific, technical or specialized knowledge, andassists the Court to understand the evidence or todetermine a fact in issue.

D. The medical report must be verified orcontain a written declaration, made under thepenalty of perjury, that the report is true. Thefollowing form of declaration is suggested: "Ideclare under penalty of perjury that I haveexamined this report and all statements containedherein, and to the best of my knowledge andbelief, they are true, correct and complete."

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E. A claim for compensation for permanentdisability must be supported by competent medicaltestimony which shall be supported by objectivemedical evidence and which shall include anevaluation by a physician stating an opinion of theclaimant’s percentage of permanent impairmentand whether or not the impairment is job-relatedand caused by the accidental injury oroccupational disease. The treating physician’sevaluation, if any, shall be issued within fourteen(14) calendar days of the treating physician’srelease of the injured worker from active medicaltreatment and shall be sent by the treatingphysician to the parties within seven (7) calendardays of issuance. Unless the treating physician’sevaluation is sent to the parties as required by thisrule, there shall be deemed to be no treatingphysician evaluation.

F. 1. Upon receipt of the physician’smedical report, the party-recipient may object tothe hearsay nature of the report and request cross-examination of the physician by deposition. Writtennotice of the objection must be given to all partiesand to the Court within ten (10) days of receipt ofthe report or such objection shall be deemedwaived.

2. All other objections to the medical reportshall be raised at the time of trial or shall bewaived.

G. Within ten (10) days after a hearsayobjection and request for cross-examination,arrangements for the taking of the physician’sdeposition shall be made by the offering party;provided, however, if the objection is to anindependent medical examiner’s report,arrangements for the deposition and payment ofsuch physician’s costs shall be made as providedin Rule 28(D). Except in the case of a court-appointed independent medical examiner, theparty requesting the deposition testimony of anysuch physician, shall be responsible for thereasonable charges of the physician for suchtestimony, preparation time, and the expense ofthe deposition.

RULE 21.AMA GUIDES

A. Except for scheduled member injuriesenumerated in 85 O.S., Section 333(E) and asotherwise provided in Rule 22 and Rule 23, aphysician's evaluation of permanent impairment forinjuries occurring on or after August 26, 2011 shallbe based solely on criteria established by the Fifth

Edition of the American Medical Association’sGuides to the Evaluation of PermanentImpairment, except for the Diagnosis-RelatedEstimates (DRE) Method, including the DRE tablesset forth in Chapter 15, “The Spine.” Theexamining physician shall not deviate from theGuides or any alternative thereto except asspecifically provided for in the Guides ormodifications to the Guides adopted as provided in85 O.S., Section 333(C).

B. Evaluations of permanent impairmentwhich are prepared in support of a Motion forChange of Condition shall be performed using theappropriate edition of the AMA Guides, includingany approved alternative method that deviatesfrom or is used in place of or in combination withthe Guides, in effect on the date of injury.

RULE 22.HEARING IMPAIRMENT

A. The "Guides to the Evaluation ofPermanent Impairment" of the American MedicalAssociation, or any alternative method approvedpursuant to 85 O.S., Section 333(C) that deviatesfrom or is used in place of or in combination withthe Guides, in effect on the date of injury, shall beused to evaluate permanent impairment caused byhearing loss where the last exposure occurred onor after August 26, 2011. Objective medicalevidence necessary to prove physical oranatomical impairment in occupational hearingloss cases shall be established by medicallyrecognized and accepted clinical diagnosticmethodologies, including, but not limited to,audiological tests that measure air and boneconduction thresholds and speech discriminationability.

B. Hearing loss in only one ear shall be ratedunder the AMA Guides as a monaural hearingloss. Hearing loss in both ears shall be ratedunder the AMA Guides as a binaural hearing lossand shall not be converted to a whole personrating.

RULE 23.EYE IMPAIRMENT

A. The criteria for measuring and calculatingthe percentage of eye impairment shall bepursuant to this rule. A physician may deviatefrom the method of evaluation provided for in thisrule or may use some other recognized method ofevaluation, if the deviation or the method ofevaluation is fully explained.

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B. Loss or loss of use of an eye is subject tothe schedule of compensation provided in 85 O.S.,Section 333(E). Industrial blindness (a visualacuity for distance of 20/200), in both eyes,constitutes statutory permanent total disability per85 O.S., Section 308(36), regardless of theemployee’s capacity for gainful employment. Permanent impairment for loss of vision in one eyeshall not be converted to the body as a whole. Permanent impairment for loss of vision in botheyes may be combined into impairment to thebody as a whole only if the physician rates the lossof each eye separately and then evaluates thecombination. It is not necessary to show thepercentage of permanent impairment for loss ofvision above industrial blindness since there canbe no loss greater than one-hundred percent(100%).

C. Physicians should consult the AmericanMedical Association’s “Guides to the Evaluation ofPermanent Impairment” regarding the equipmentnecessary to test eye function and for methods ofevaluating vision loss. The following Snellen Chartmay then be used to compute the percentage ofvisual efficiency and percentage of permanent eyeimpairment. Evaluation of visual impairment maybe based upon visual acuity for distance and near,visual fields and ocular motility with absence ofdiplopia.

D. All measurements shall be based uponuncorrected vision; provided, implantation of anintraocular lens is not a “correction” to theclaimant’s vision within the purview of this rule.When an artificial lens is surgically implanted toreplace the removed lens, it is a permanentrestorative device and determination of impairmentto vision is based on anatomical or functional lossof sight remaining after the lens is implanted.

SNELLEN CHART

SnellenNotation

for distance

SnellenNotationfor near

Percentage of VisualEfficiency

Percentage Loss ofVision (Okla.)

Comp. Rate inWeeks (Okla.) Forinjuries occurring

on and after 08-26-11

20/20 14/14 100.0 0.0 0.0

20/25 14/17.5 95.7 4.3 11.83

20/30 14/21 91.7 8.5 23.38

20/35 14/24.5 87.5 12.5 34.38

20/40 14/28 83.6 16.4 45.10

20/45 14/31.5 80.0 20.0 55.0

20/50 14/35 76.5 23.5 64.63

20/60 14/42 69.9 30.0 82.50

20/70 14/49 64.0 36.0 99.0

20/80 14/56 58.5 41.5 114.13

20/90 14/63 53.4 46.6 128.15

20/100 14/70 48.9 51.1 140.53

20/120 14/84 40.9 59.1 162.53

20/140 14/98 34.2 65.8 180.95

20/160 14/112 28.6 71.4 196.35

Court Rules, Page 10

SnellenNotation

for distance

SnellenNotationfor near

Percentage of VisualEfficiency

Percentage Loss ofVision (Okla.)

Comp. Rate inWeeks (Okla.) Forinjuries occurring

on and after 08-26-11

20/180 14/126 23.9 76.1 209.28

20/200 14/140 20.0 100.0(Industrial Blindness)

275.0 1

1 Source: 85 O.S. 2011, Section 333(E).

RULE 24.MEDICAL AND HOSPITAL RECORDS

A. Copies of all relevant medical and hospitalrecords to be introduced at trial shall be providedto opposing parties in a timely manner as requiredby Rule 19.

B. The Court recognizes that records subjectto this rule are widely accepted as exceptions tothe hearsay rule and will entertain only theobjection that the records are not properlyidentified. A party wishing to object to the recordsas not being properly identified shall notify theoffering party and the Court, in writing, of theobjection within ten (10) days of the receipt of therecords. The offering party shall promptly arrangethe deposition of the custodian of the records. Theinquiry at deposition shall be limited to theidentification of the offered records. If the offeredrecords are ultimately admitted in evidence, thecost of the deposition shall be assessed againstthe objecting party. If the offered records areultimately excluded from evidence, the cost of thedeposition shall be assessed against the offeringparty.

C. For purposes of this rule, “medical orhospital records” means the regularly kept recordsof any hospital, clinic, emergency room or othertreatment facility and the office records or notes,including summaries, of any physician as definedby 85 O.S., Section 326(D). “Medical and hospitalrecords” do not include any statement, letter,memorandum or report prepared by a physicianspecifically for use at trial.

D. Medical and hospital records offered inevidence in accordance with this rule are to bereceived in evidence for historical purposes only.

RULE 25.VOCATIONAL REHABILITATION

AND CASE MANAGEMENT EVIDENCE

A. Testimony of a vocational rehabilitationexpert or medical case manager shall bepresented by:

1. A written verified or declared [as definedin Rule 20(D)] report signed by the vocationalrehabilitation expert or medical case manager, asappropriate;

2. Deposition; or

3. Oral examination in open Court.

B. Upon receipt of an adverse party’svocational rehabilitation evaluator’s report ormedical case manager’s report, a court-appointedvocational rehabilitation evaluator’s report, or acourt-appointed medical case manager’s report,the party-recipient may object to the hearsaynature of the report and request cross-examinationof the evaluator or case manager by deposition. The objection to the evaluator’s or case manager’sreport must be made within ten (10) days afterreceipt of the report by giving written notice to allparties and attorneys of record in the case. Unlessthe objection and request for cross-examination istimely made as set out in this rule, the party-recipient shall be deemed to have waived anyhearsay objection to the evaluator’s or casemanager’s report. Within ten (10) days after theobjection and request for cross-examination,arrangements for the taking of the evaluator’s orcase manager’s deposition shall be made by theoffering party; provided, however, if the objectionwere to a court-appointed vocational rehabilitationevaluator’s report or to a court-appointed medicalcase manager’s report, arrangements for thedeposition and payment of such evaluator’s or


case manager’s costs shall be made as providedin Rule 28(D). Except in the case of court-appointed vocational rehabilitation evaluators andcourt-appointed medical case managers, the partyrequesting the deposition testimony of any suchevaluator or case manager shall be responsible forthe reasonable charges of the evaluator or casemanager for such testimony, preparation time, andthe expense of the deposition. All other objectionsto the competency, relevancy and probative valueof the evaluator’s or case manager’s report shallbe raised at the time of trial or shall be waived.

RULE 26.PHOTOGRAPHS, AND ELECTRONIC

OR DIGITAL MEDIA EXHIBITS

A. Video and audio exhibits, video and audiodepositions, photographs, and other electronic ordigital media products offered at trial are “exhibits”and must be endorsed on pleadings andexchanged with all other parties as specified inRule 19(E) and Rule 19(F). The expense ofpreparing and providing each opposing party acopy of the exhibit shall be borne by the partysponsoring the exhibit.

B. 1. Video exhibits and video depositionsmay be submitted to the Court on DVD. The Courtshall maintain video equipment capable ofplayback of DVD Video. DVDs shall be created ina manner which will allow playback, fast forwardand rewind on standard DVD Video players andthe format used to create the DVD, for example,.mpeg, .avi, .wmv, etc., must be stated on theDVD. If a DVD is presented to the Court as anexhibit or deposition which is not able to be playedback on the Court’s DVD Video equipment, theparty submitting the DVD shall provide, at theparty’s expense, the appropriate equipment forplayback.

2. Audio exhibits and audio depositions maybe submitted to the Court on an Audio CD or CD-Rin either .mp3 or .wav format. The Court shallmaintain equipment capable of audio playback ofAudio CDs and CD-Rs in .mp3 or .wav format. Ifany other type of audio recording is presented tothe Court which cannot be played back on theequipment maintained by the Court, the partysubmitting the audio recording shall provide, at theparty’s expense, the appropriate equipment forplayback.

C. An opposing party who receives asponsoring party’s exhibit may object to its

identification or authentication by giving writtennotice of the objection to the sponsoring partywithin ten (10) days of its receipt, or the objectionsshall be deemed waived.

D. No party may present an exhibit to theCourt appointed independent medical examiner orCourt appointed vocational evaluator for reviewwithout prior Court approval or agreement of allparties. A prehearing conference may berequested if presentation is not agreed upon by theparties. The exhibit(s) in question must beexchanged with all opposing parties at least three(3) calendar days before the prehearingconference.

E. The charges of the independent medicalexaminer for reviewing the exhibits for preparationof reports or at a deposition or for review inpreparation for a deposition are subject to andcontrolled by Rule 44.

F. If a party is found to have willfully violatedthis rule, the Court may exclude the party’sexhibits, the independent medical examiner’sreport and/or deposition, and may impose otherappropriate penalties or sanctions requested byopposing parties.

RULE 27.OBJECTIONS TO EVIDENCE

A. All challenges to the legal sufficiency ofthe opposing party's evidence shall be made byspecific objection at the time of trial.

B. An objection to testimony offered by oralexamination in open Court shall be made at thetime the testimony is sought to be elicited.

C. Except as otherwise provided in Rule 20,an objection to medical testimony offered by asigned, written, verified or declared medical report,shall be interposed at the time it is offered intoevidence, if on the grounds that it:

1. is based on inaccurate or incompletehistory or is otherwise without probative value; or

2. does not properly evaluate claimant'simpairment or disability, as the case may be, inaccordance with the Workers' CompensationCode.

D. Unless an objection is timely made, it shallbe waived. Any legally inadmissible evidence thatstands admitted without objection shall be


regarded as admitted as part of the proof in thecase.

E. When a timely made objection to offeredevidence is sustained, the offering party shall begiven the opportunity to elect whether to stand onthe evidence offered or be given a chance to curethe defect, unless the Court finds the defectresulted from bad faith or for the purpose of delay.

RULE 28.COSTS

A. The party who takes the deposition of awitness or of a party shall bear all expensesthereof, including the cost of transcription, exceptas otherwise provided. The party responsible forthe deposition expenses shall furnish upon requestto the adverse party or parties, free of charge, onepaper copy of the transcribed deposition. If thedeposition was recorded on videotape or by othernonstenographic means, the party responsible forthe deposition expenses shall also furnish uponrequest to the adverse party or parties, free ofcharge, one copy of the videotape or otherrecording of the deposition. A party desiring tohave deposition or other taxable costs taxed to theopposing party in the case must file a motion to taxcosts.

B. A fee of One Hundred Forty Dollars($140.00) per case, including any compromisesettlement, shall be collected by the CourtAdministrator pursuant to 85 O.S., Section 368(A)and paid by the party against whom any awardbecomes final.

C. A fee of One Hundred Thirty Dollars($130.00) per action to reopen any case shall becollected by the Court Administrator pursuant to 85O.S., Section 368(B), from the party filing a Form9 seeking to reopen.

D. When a hearsay objection and request forcross-examination is timely filed to the medicalreport of a court-appointed independent medicalexaminer, a court-appointed vocationalrehabilitation evaluation report, or to a report of acourt-appointed medical case manager, theclaimant is responsible for scheduling thedeposition regardless of which party objects. Therespondent shall choose the court reporter. Allcosts associated with the deposition shall be borneby the respondent regardless of which partyasserts a hearsay objection.

E. Rule 44 governs reimbursement of acourt-appointed independent medical examiner formedical testimony given in person or bydeposition. Pursuant to 85 O.S., Section 327(F),a treating physician’s charges for preparation for ormedical testimony given in person or by depositionshall not exceed Four Hundred Dollars ($400.00)per hour. Other reimbursement related to atreating physician’s medical testimony is governed by the Court’s Schedule of Medical and HospitalFees. The fee schedule also governsreimbursement for medical testimony by aphysician other than a court-appointedindependent medical examiner.

F. The Court shall impose the total cost ofany proceeding, including attorney fees, against aparty who is determined to have unreasonablybrought the proceeding or to have unreasonablydenied benefits, including medical benefits.

G. The assigned trial judge in a matterreferred to mediation may for good cause shownassess costs, attorney fees and sanctions asprovided in 85 O.S., Section 321(I).

RULE 29.PAUPER’S AFFIDAVIT

A. Any party making application to proceed informa pauperis shall file a Form 99 with the Courtand provide a copy thereof to all other parties inthe proceeding. The Form 99 shall state theapplicant’s status and inability to pay fees andcosts required under the Workers’ CompensationCode.

B. The Court shall set the party’s Form 99 forprehearing conference before the assigned trialjudge prior to any hearing on merits, giving noticeto all other parties in the proceeding. Any partymay file a Form 99 with an appeal to the Court enbanc, as provided under 85 O.S., Section 340. The Form 99 shall be set for prehearingconference before the assigned trial judge beforethe appeal is docketed for oral argument.

C. An appeal to the Court en banc of a trialjudge’s denial of pauper status shall be set beforethe Court en banc on a priority basis with paymentof the cost of the appeal (including transcriptionand filing fee) being deferred pending resolution ofthe pauper status appeal. If denial of the pauperstatus is affirmed by the Court en banc, withintwenty (20) days, the party either must seekappellate review of the denial before the SupremeCourt or pay the filing fee for the appeal and the


transcription costs of the same prior to the original,underlying appeal being set for hearing before theCourt en banc. Failure to do either shall result indismissal of the underlying appeal to the Courtsitting en banc upon motion of the opposing party. Only one appeal fee is due because the pauperstatus appeal is part of the original, underlyingappeal. If pauper status is found by the Court enbanc, the deferred costs and fees shall be borneby the Workers’ Compensation Court.

RULE 30.DISCOVERY AND ATTENDANCE

A. The Court’s process shall be available toaid any party in pursuit of discovery and to compelattendance of witnesses. Subpoenas for theproduction of documentary evidence shall beobtained in accordance with Title 12 of theOklahoma Statutes. A copy of any subpoena thatcommands production of documents and things orinspection of premises before trial shall be servedon each party as provided in 12 O.S., Section2004.1(B).

B. No depositions, interrogatories,interrogatory answers, requests for production ofdocuments and things, requests for admissions, orresponses thereto, shall be filed with the Court,except as ordered by the assigned judge. Discovery disputes may be resolved by filing aForm 13 requesting a prehearing conference.

C. The parties shall advise opposing partiesof the desire to take depositions of all persons,excluding physicians, within twenty (20) days aftera Form 9 or Form 10 has been timely filed. Partieswho fail to complete depositions in a timelymanner will be deemed to have waived their rightto take a deposition, unless such failure is excusedby the Court for good cause shown.

D. The Court may exclude the oral testimonyor the verified or declared report of any physicianwhose report has been withheld from a party whohas made timely written demand therefor.

RULE 31.DISPLAY AND USE OF AN INDIVIDUAL’S

SOCIAL SECURITY NUMBER

A. Unless otherwise ordered or as otherwiseprovided by law, every filer may limit theemployee’s or the employee’s dependent’s SocialSecurity number to only the last four digits of thatnumber in all pleadings, papers, exhibits or otherdocuments, or Court forms promulgated by the

Workers’ Compensation Court. The responsibilityfor following this provision rests solely withcounsel, the parties, or any other filer. The Clerkof the Court shall not have any duty to reviewdocuments for compliance with this provision. If afiler includes the Social Security number in anydocument filed with the Court, the documentbecomes a public record as filed. This subsectionshall not apply to the Form 2, Form 3, Form 3A orForm 3B which require inclusion of the completeSocial Security number. Nothing in this subsectionshall impact the confidentiality of any records theLegislature has determined are confidential.

B. In accordance with 74 O.S., Section 3113,the Court will not furnish information indexed bySocial Security number unless specificallyauthorized to do so by the holder of the SocialSecurity number.

RULE 32.JURISDICTIONAL ISSUES

Any party may raise a jurisdictional issue andrequest a trial thereon in advance of a trial on themerits, subject to the discretion of the Court. Afinding by the Workers’ Compensation Court thatit has jurisdiction does not finally determine therights of the parties, and is not an appealableorder. Hermetics Switch, Inc. v. Sales, 1982 OK12, 640 P.2d 963. A finding by the Workers’Compensation Court that denies jurisdiction is anappealable order, subject to de novo review bythe Supreme Court. Garrison v. BechtelCorporation, 1995 OK 2, 889 P.2d 273.

RULE 33.PRIOR PRESENTATION TO JUDGE

When a question of law, fact or procedure hasbeen presented to a judge, the same questionshall not thereafter knowingly be presented toanother judge without apprising the subsequentjudge of the former judge's ruling or, if no rulinghas been made, that such question has alreadybeen presented in the same case to the formerjudge.

RULE 34.JOINDER OF ADDITIONAL PARTIES

A. A claimant who desires to add additionalrespondent(s), shall promptly amend the Form 3,and mail a copy to all parties, including theadditional respondent(s) and insurance carrier(s)named. Mailing shall constitute service upon theadditional parties.


B. A respondent who desires to addadditional respondent(s) shall file a Form 13requesting a prehearing conference on the issue,and mail a copy of the Form 13 to all parties,including the additional respondent(s) andinsurance carrier(s) named. The Court shall notifyall parties of the date of the prehearingconference. At the prehearing conference, theCourt shall hear argument, and based upon itsdiscretion, enter its order granting or denying therequest.

C. The additional respondent(s) andinsurance carrier(s) shall comply with Rule 16.

D. The Court, in its discretion, may tax costsagainst any party who joins an additional partywithout reasonable grounds.

RULE 35.CHANGE OF CONDITION

Any party to the claim may move to set thecause for trial on a change of condition by filing aForm 9 as provided in Rule 19. The physician'smedical report or testimony at the subsequent trialmust show that said physician was either theattending, treating or examining physician at thetime of the previous award or that the physicianhas personal knowledge of claimant's condition atthat time, or it must show that the physician hasexamined reports, x-rays and any other medicaldata referring to claimant's condition at the time ofthe previous award. A fee of One Hundred ThirtyDollars ($130.00) per action to reopen any caseshall be collected by the Court Administratorpursuant to 85 O.S., Section 368(B), from the partyfiling a Form 9 seeking to reopen.

RULE 36.VENUE AND CASE CONSOLIDATION

A. Cases will be heard by a trial judge of theWorkers’ Compensation Court in either OklahomaCity or Tulsa, and as otherwise provided by law. The Court shall establish venue for claimspursuant to a proportionate division of the countiesof the state as determined by the CourtAdministrator. Objections to venue shall be filedand submitted to the assigned trial judge within ten(10) days of receipt of the first hearing docketnotice.

B. Consolidation of cases involving the sameclaimant may be made for hearing purposes onlyat the discretion of the trial judge assigned to thelowest case number, upon request of either party.

Cases consolidated for purposes of hearing onlyshall maintain individual case numbers and shallremain subject to a separate filing fee and costs,as set out in 85 O.S., Section 368(A) and Rule 28. Cases involving the same claim shall beconsolidated to the lowest case number. Allmotions and requests to consolidate shall be setfor prehearing conference prior to the entry of aCourt order sustaining or overruling the motion forcase consolidation.

RULE 37.CONTINUANCES

A. A request for a continuance will not begranted as a matter of course. Any motion for acontinuance may be granted only by the assignedjudge for good cause shown. All motions forcontinuance shall be signed by the party on whosebehalf the motion is made, or contain a certificateof the movant’s attorney, that the attorney’s clienthas knowledge of and has approved thecontinuance.

B. No continuance of an appeal scheduledfor review by the Court en banc is permitted priorto the date of oral argument without approval ofthe presiding judge, or in the absence of thepresiding judge, the duty judge. Continuancesrequested on the date of oral argument will begranted only upon a majority vote of the Court enbanc.

RULE 38.DISQUALIFICATION OF TRIAL JUDGE

OR TRANSFER OF CLAIMTO PRESIDING JUDGE - REVIEW

A. Any party who feels that a fair andimpartial trial or other hearing cannot be receivedfrom the trial judge to whom the matter isassigned, shall make written motion requestingsuch judge to withdraw from the case. Thatapplication need not set forth specific reasons. The trial judge may withdraw without furtherproceeding and immediately refer the matter to thepresiding judge for reassignment.

B. Any party aggrieved by an order of a trialjudge who refused to grant a written request todisqualify, or transfer a claim to the presiding judgefor reassignment, may seek corrective relief byinvoking the appellate jurisdiction of the Court enbanc in the manner and within the time providedby 85 O.S., Section 340(A).


C. The Supreme Court will not entertain anoriginal proceeding to disqualify a trial judge of theWorkers' Compensation Court or direct such judgeto transfer a claim to the presiding judge of thatcourt for reassignment unless it is shown that therelief sought by the petitioner was previouslydenied by the Court en banc. An order of theassigned trial judge or the Court en banc which isfavorable to the moving party may not be reviewedin any tribunal either by appeal or in any otherprocedural framework.

RULE 39.TRAVEL EXPENSES - MEDICAL AND

VOCATIONAL REHABILITATION

A. Upon reasonable advance notice from therespondent, the claimant must submit to a medicalexamination by a physician selected by therespondent. If the claimant refuses to submit tothe examination, the respondent may file a Form13 requesting the claimant’s compensation andright to prosecute any proceeding under theWorkers’ Compensation Code be suspendedduring the period of refusal as provided in 85 O.S.,Section 326(I). The claimant must show cause atthe hearing why the respondent’s request shouldnot be granted. If the claimant’s failure to appearfor the scheduled examination was without goodcause, the Court shall order the claimant toreimburse the respondent for payment of thephysician’s charge for the missed examination, butnot in excess of Two Hundred Dollars ($200.00).

B. The respondent shall reimburse theemployee for the actual mileage in excess oftwenty (20) miles round-trip to and from theclaimant’s home to the location of a medicalservice provider for all reasonable and necessarymedical treatment, for vocational rehabilitation orretraining, for an evaluation by an independentmedical examiner and for any evaluation, includingan evaluation for vocational rehabilitation orvocational retraining, made at the respondent’srequest, but in no event in excess of six hundred(600) miles round-trip. Mileage and necessarylodging expenses are limited to the provisions ofthe State Travel Reimbursement Act, 74 O.S.,Section 500.1 et. seq. Meals will be reimbursed atthe rate of Eight Dollars ($8.00) per meal per fourhours of travel status, not to exceed three mealsper day.

C. The respondent shall reimburse theclaimant for travel expenses as provided in thisrule within sixty (60) days from receipt of a requestfor reimbursement. If the respondent fails to timely

reimburse the claimant, the Court shall assess aFive Hundred Dollar ($500.00) penalty against therespondent, payable to the claimant.

RULE 40.APPLICATION FOR CHANGE OF PHYSICIAN

A. A claimant seeking a change of physicianpursuant to 85 O.S., Section 326(E) shall file aForm-A application with the Court. Within ten (10)days after the application is filed, the respondentshall choose one of the three physicians listed bythe claimant, file a Form 10A, or object to theapplication by filing a Form 13.

B. If the Court determines a change ofphysician is proper, and the parties are unable toagree upon a physician from among the physiciansnamed by the parties, or if the respondent fails totimely file a Form 10A or to object to theapplication, the Court may select a physician whois qualified, and available within a reasonable time,to treat the body part affected, giving preference toa physician who is on the Court’s list ofindependent medical examiners.

RULE 41.INDEPENDENT MEDICAL EXAMINERS -

APPOINTMENTS

A. Qualifications. To be eligible forappointment by the Court to the list of independentmedical examiners and for retention on the list, thephysician must:

1. be a licensed physician in good standingas provided in the Workers’ Compensation Code;

2. be highly experienced and competent inthe physician's specific field of expertise and in thetreatment of work-related injuries;

3. be knowledgeable of workers'compensation principles and the workers'compensation system in Oklahoma, asdemonstrated by prior experience and/oreducation;

4. have in force and effect health careprovider professional liability insurance from adomestic, foreign or alien insurer authorized totransact insurance in Oklahoma or in the statewhere the physician practices, if different fromOklahoma. The per claim and aggregate limits ofthe insurance must be at least One Million Dollars($1,000,000.00). This insurance requirement shallnot apply to physicians requesting their services


under the independent medical examiner systemto be restricted to providing opinions regarding thenature and extent of permanent impairment, if any,and/or opinions in claims against the last employerfor combined disabilities or against the MultipleInjury Trust Fund;

5. have no felony conviction under federal orstate law within seven (7) years before the date ofthe physician’s application to serve as anindependent medical examiner;

6. have a valid Oklahoma State Bureau ofNarcotics and Dangerous Drugs Control (BNDD)registration (or comparable registration from thestate where the physician is licensed and practicesif other than Oklahoma) and federal DrugEnforcement Agency (DEA) registration, asauthorized by law for the physician’s professionallicense; and

7. have a valid, unrestricted professionallicense as a physician which is not probationary.

B. Appointment. Appointment of physiciansto the list of independent medical examiners, andmaintenance and periodic validation of such listshall be by a majority vote of the judges of theCourt. Physician appointments shall be for a two-year period.

C. Application for Appointment. To requestappointment to the list of independent medicalexaminers, a physician shall:

1. Submit a signed and completedapplication Form 463 and a signed and completedphysician disclosure Form 17 to the followingaddress: Oklahoma Workers' CompensationCourt, Attention: Medical, 1915 N. Stiles Avenue,Oklahoma City, Oklahoma 73105-4918. Illegible,incomplete or unsigned applications anddisclosures will not be considered by the Court andshall be returned. A copy of the application Form463 and physician disclosure Form 17 may beobtained from the Court at the address set forth inthis paragraph, or from the Court’s web site;

2. Submit a current curriculum vitae, togetherwith the application Form 463 and physiciandisclosure Form 17, to the address set forth inpreceding paragraph; and

3. Verify that the physician, if appointed, will:

a. provide independent, impartial andobjective medical findings in all cases thatcome before the physician;

b. decline a request to serve as anindependent medical examiner only forgood cause shown;

c. conduct an examination, if necessary,within thirty (30) calendar days from thedate of the order appointing the examiner,unless otherwise approved by the Court,when necessary to render findings on thequestions and issues submitted;

d. prepare a written report in accordancewith Rule 20 which addresses the issuesset out in the order of appointment;

e. submit the report to the parties and theCourt within fourteen (14) calendar daysof a required examination of the claimantand/or completion of necessary tests, orwithin fourteen (14) calendar days afterreceipt of necessary records andinformation if no examination and/or testsare required;

f. accept as payment in full for servicesrendered as an independent medicalexaminer the fees established pursuantto Rule 44;

g. submit to a review pursuant to Rule 42and 85 O.S., Section 329(I);

h. submit annually to the Workers’Compensation Court written verification ofvalid health care provider professionalliability insurance as and if required insubsection A of this rule;

i. notify the Workers’ Compensation Court inwriting upon any change affecting thephysician’s qualifications as provided insubsection A of this rule; and

j. comply with all applicable statutes andCourt rules.

D. Disclosure. As part of the application, thephysician shall identify, on the physician disclosureForm 17 any ownership or interest in a healthcarefacility, business or diagnostic center that is not thephysician’s primary place of business, includingany employee leasing arrangement between thephysician and any health care facility that is not the


physician’s primary place of business. Failure todo so may result in disqualification by the CourtAdministrator from providing treatment under theWorkers’ Compensation Code.


REVOCATION OF APPOINTMENT

A. Removal of a physician from the list ofindependent medical examiners shall be byrequest of the independent medical examiner or bya majority vote of the judges of the Court.

B. The Court may remove a physician fromthe list of independent medical examiners forcause, including, but not limited to the followinggrounds:

1. a material misrepresentation on the Form463 application for appointment to the list ofindependent medical examiners or on thephysician disclosure Form 17;

2. refusal or substantial failure to notify theCourt of any change affecting the physician’squalifications as provided in Rule 41(A); or

3. refusal or substantial failure to comply withthe provisions of Rules 41 through 45, 85 O.S.,Section 329, or other applicable Court rules andstatutes.

C. In arriving at a determination regardingwhether to remove a physician from the list, theCourt may consider the character of the allegedviolation and all of the attendant circumstances,and may confer with the Physician AdvisoryCommittee, or other public or private medicalconsultants.

D. A physician whose qualification to serveas independent medical examiner has beenrevoked by the Court is not eligible to be selectedas an independent medical examiner during theperiod of revocation.


REQUESTS FOR ASSIGNMENT

A. Appointment of an independent medicalexaminer from the Court’s list of independentmedical examiners is governed by this rule. Appointments shall take into account the specialty,availability and location of the examiner.

B. In order to be eligible for appointment, anindependent medical examiner:

1. shall not have a financial interest in theclaimant’s award; and

2. in a case involving permanent disability,shall not be a treating physician of the injuredemployee or have treated the injured employeewith respect to the injury for which the claim isbeing made or the benefits are being paid.

C. Requests for the appointment of anindependent medical examiner may be set for aprehearing conference, at the discretion of theCourt.

D. The parties shall send the employee’smedical records to the independent medicalexaminer by regular mail within ten (10) calendardays of receipt of the Court order assigning theexaminer. If necessary, the independent medicalexaminer may contact persons in whosepossession the records or information is locatedsolely for the purpose of obtaining such records orinformation.

E. An independent medical examiner maydecline to accept the Court’s appointment only forgood cause shown.

F. Disputes relating to treatment provided orto be provided through a certified workplacemedical plan, including requests for change ofphysician within the plan, shall be timelyprocessed as provided by 85 O.S. Section328(D)(1)(e), through the internal disputeresolution procedures of the certified workplacemedical plan before pursuing remedies in theWorkers’ Compensation Court.


FEES AND COSTS

A. Fees for services performed by a Courtappointed independent medical examiner shall bepaid according to the following schedule:

1. Diagnostic tests relevant to the questionsor issues in dispute shall be paid by therespondent in accordance with the Court’sSchedule of Medical and Hospital Fees; provided,diagnostic tests repeated sooner than six (6)months from the date of the test are not authorizedfor payment unless agreed to by the parties orordered by the Court.


2. The review of records and information,including any treating physician evaluation and/ormedical reports submitted by the parties, theperformance of any necessary examinations, andthe preparation of the verified or declared writtenreport pursuant to Rule 20, shall be billed at thephysician’s usual and customary rate, not toexceed Three Hundred Dollars ($300.00) per houror any portion thereof, not to exceed a maximumreimbursement of One Thousand Six HundredDollars ($1,600.00) per case. The Court maypermit exception to this provision, for good causeshown. Subject to reimbursement if appropriate,these costs shall be billed to, and initially paid by,the respondent.

3. Reimbursement for medical testimonygiven in person or by deposition shall be paid bythe respondent in accordance with theindependent medical examiner’s usual andcustomary charges, not to exceed Four HundredDollars ($400.00) per hour or any portion thereof,plus an allowance of One Hundred Dollars($100.00) for 15 minute increments thereafter. Preparation time shall be reimbursed at theexaminer’s usual and customary charge, not toexceed Four Hundred Dollars ($400.00). Aphysician may receive not more than Two HundredDollars ($200.00) in advance in order to schedulea deposition. The advance payment shall beapplied against amounts owed for testimony fees. A Four Hundred Dollar ($400.00) charge isallowable whenever a deposition or scheduledtestimony is canceled by any party within threeworking days before the scheduled start of thedeposition or scheduled testimony. The party canceling the deposition or scheduled testimony isresponsible for the incurred cost.

4. Amounts owed to the independent medicalexaminer for services are payable uponsubmission of the examiner’s verified or declaredwritten report.

5. The independent medical examiner maycharge and receive up to Two Hundred Dollars($200.00), to be paid initially by the respondent inthe event the employee fails to appear for anyscheduled examination, or if the examination iscanceled by the employee or the respondent withinforty-eight (48) hours of the scheduled time. Therespondent shall be reimbursed by the employeeif the failure to appear or the cancellation by theemployee was without good cause. Theindependent medical examiner may not assess acancellation charge for appointments canceled bythe examiner.

B. Failure to timely pay a Court appointedindependent medical examiner for servicesrendered pursuant to Court order may result in theimposition of assessments or sanctions by theCourt. Disputes regarding payment for servicesrendered by a Court appointed independentmedical examiner that cannot be resolved by theexaminer and the parties themselves, may beaddressed by filing a Form 13 or Form 19, or bymediation, as appropriate.


APPLICATION RENEWAL PROCESS

A. The Court shall notify the independentmedical examiner of the end of the examiner'stwo-year qualification period at least sixty (60)calendar days before the expiration of that periodand shall provide the examiner with an applicationForm 463 and physician disclosure Form 17 forreapplication as an independent medical examiner.

B. Criteria for reapplication shall be governedby Rule 41. If a curriculum vitae (CV) has beenpreviously submitted to the Court with a request forindependent medical examiner status, thephysician does not have to resubmit thephysician's CV.

RULE 46.MEDICAL CASE MANAGERS -

APPOINTMENTS

A. Qualifications. To be eligible forappointment by the Court to the list of qualifiedindependent medical case managers and forretention on the list, the applicant must:

1. be a registered nurse with a current, activeunencumbered license from the Oklahoma Boardof Nursing, or possess one or more of the followingcertifications:

a. Certified Disability Management Specialist(CDMS);

b. Certified Case Manager (CCM);

c. Certified Rehabilitation Registered Nurse(CRRN);

d. Case Manager - Certified (CMC);

e. Certified Occupational Health Nurse(COHN); or


f. Certified Occupational Health NurseSpecialist (COHN-S);

2. be highly experienced and competent inthe field of medical case management as it relatesto the care and treatment of work related injuries;

3. be knowledgeable of workers’compensation principles and the workers’compensation system in Oklahoma asdemonstrated by prior experience and/oreducation;

4. have no felony conviction under federal orstate law within seven (7) years before the date ofthe applicant’s application to serve as a qualifiedindependent medical case manager; and

5. have a valid professional license as anurse or case manager certification as provided inparagraph 1 of this subsection, which is notprobationary or restricted.

B. Appointment. Appointment of applicantsto the list of qualified independent medical casemanagers, and maintenance and periodicvalidation of such list shall be by a majority vote ofthe judges of the Court. Medical case managerappointments to the list shall be for a two yearperiod.

C. Application for Appointment. To requestappointment to the list of qualified medical casemanagers, an applicant shall:

1. Submit a signed and completedapplication Form 626 to the following address:Oklahoma Workers’ Compensation Court,Attention: Medical, 1915 N. Stiles Avenue,Oklahoma City, Oklahoma, 73105-4918. Illegibleand incomplete or unsigned applications will not beconsidered for submission to the judges, and shallbe returned. A copy of the application Form 626may be obtained from the Court at the address setforth in this paragraph, or from the Court’s website;

2. Submit a current resume, together with theapplication Form 626 to the Court; and

3. Verify that the applicant, if appointed, will:

a. provide independent, impartial andobjective medical case managementservices in all cases assigned to thecase manager;

b. decline a request to serve as amedical case manager only for goodcause shown;

c. meet with the claimant and appear atany appointments with treatingphysicians, as directed by the Court,and when necessary to report findingsor respond to questions and issuessubmitted by the Court;

d. submit an initial written report to theparties and Court within twenty (20)calendar days from the date of theorder appointing the case manager,or sooner as the particularcircumstances of the medical care ortreatment or inquiries from the Courtmay necessitate. Progress reportsshall be submitted as the particularcircumstances of each case warrant,or as directed by the Court;

e. notify the Workers’ CompensationCourt in writing upon any changeaffecting the medical case manager’squalifications as provided by statuteor this rule; and

f. comply with all applicable statutes,Court rules, and orders in the caseassigned.

D. Disclosure. As part of the application, thecase manager shall identify, on the applicationform, any employer, insurer, employee group,certif ied workplace medical plan, orrepresentatives of the above with whom the casemanager is under contract, or who regularly usesthe services of the case manager.


REVOCATION OF APPOINTMENT

A. Removal of a case manager from the listof qualified independent medical case managersshall be at the request of the case manager, or bya majority vote of the judges of the Court.

B. Grounds for removal include, but are notlimited to:

1. a material misrepresentation on the Form626 application for appointment to the list ofqualified independent medical case managers;


2. refusal or substantial failure to notify theCourt of any change affecting the case manager’squalifications as provided by statute or this rule; or

3. refusal or substantial failure to comply withthe provisions of Rules 46 through 49, or otherapplicable Court rules, statutes or orders in thespecific case assigned.

C. In arriving at a determination regardingwhether to remove a case manager from the list,the Court may consider the character of thealleged violation and all of the attendantcircumstances, and may confer with the PhysicianAdvisory Committee, or other public or privatemedical or case management consultants.

D. A case manager whose qualification toserve as an independent medical case managerhas been revoked by the Court is not eligible to beselected as an independent medical case managerduring the period of revocation.


REQUESTS FOR ASSIGNMENT

A. For cases not covered by a certifiedworkplace medical plan, and where the employer,insurance company, or own risk employer does notprovide case management, the Court may grantcase management on the request of any party orwhen the Court, on its own motion, determines thatcase management is appropriate. Nothing in thisrule shall limit the Court’s ability to appoint a casemanager by agreement of the parties, or asotherwise allowed by law.

B. If the parties to a dispute cannot agree onan independent medical case manager of theirown choosing, the Court may appoint one from thelist of qualified independent medical casemanagers maintained by the Court.

C. In order to be eligible for appointment inany given case, a qualified medical case manager:

1. shall not have a financial interest in theclaimant’s award; and

2. shall not have any financial interest in theemployer’s or insurer’s business, nor regularlycontract with or serve as a case manager for theemployer, insurer, or employer’s own risk group, ora certified workplace medical plan with which theemployer or employer’s own risk group contracts.

D. The parties are encouraged to request theappointment of an independent medical casemanager at a prehearing conference inaccordance with Rule 54.

E. Requests for the appointment of anindependent medical case manager may be set fora prehearing conference, at the discretion of theCourt.

F. Upon appointment, the parties shall sendinformation and all medical records to theindependent medical case manager, by regularmail, within ten (10) calendar days of receipt of theCourt order assigning the case manager.

G. If a party makes a good faith effort to getmedical records (including diagnostic films) andthe records are unobtainable, then a letter to thiseffect shall be sent to the case manager withcopies to all other parties and the Court, togetherwith information as to the known location of anysuch records or information not in either theattorney’s or client’s possession. If necessary, thecase manager may contact persons in whosepossession the records or information is locatedsolely for the purpose of obtaining such records orinformation.

H. The respondent shall pay all reasonableand customary charges of a medical casemanager appointed by the Court. Failure to timelypay a Court appointed independent medical casemanager for services rendered pursuant to Courtorder may result in the imposition of assessmentsand sanctions by the Court.


APPLICATION RENEWAL PROCESS

A. The Court shall notify the independentmedical case manager of the end of the casemanager’s two-year qualification period at leastsixty (60) calendar days before the expiration ofthat period and shall provide the examiner with anapplication Form 626, for reapplication as anindependent medical case manager.

B. Criteria for reapplication shall be governedby Rule 46. If a resume has been previouslysubmitted to the Court with a request forindependent medical case manager status, thecase manager does not have to resubmit the casemanager’s resume, unless there have beenmaterial changes that would have bearing uponthe applicant’s qualifications.


RULE 50.DISPUTES REGARDING PAYMENT FOR

HEALTH OR REHABILITATION SERVICES

A. General: Disputes regarding payment forhealth or rehabilitation services rendered pursuantto the Workers’ Compensation Code may beaddressed as set out in this rule. A Form 18proceeding is a review of disputed medicalcharges by the Court Administrator when there areconflicting interpretations of the Schedule ofMedical and Hospital Fees. A Form 19 proceedingmay involve judicial resolution of disputed chargesfor health services. Mediation refers to a processof resolving disputes with the assistance of amediator outside of a formal court proceeding.

B. Jurisdictional requirement: No Form 18 orForm 19 will be processed by the Workers’Compensation Court unless a Form 2, 3, 3A or 3Bis filed with the Court; provided, a Form 18 may beprocessed if the payer’s legal representativeexecutes and provides the Court with a submissionto limited jurisdiction.

C. Payment of Charges: Payment formedical care required by the Workers’Compensation Code is due within forty-five (45)days of the employer’s or insurance carrier’sreceipt of a complete and accurate invoice. Thelate payment of medical charges, absent goodcause, may subject the payer to a Court orderedpenalty, payable to the provider, of up to twenty-five percent (25%) of any amount due under theCourt’s Schedule of Medical and Hospital Feesthat remains unpaid. The Court also may assessa civil penalty of up to Five Thousand Dollars($5,000.00) per occurrence if the Court finds apayer has engaged in a pattern of willfully andknowingly delaying payments for medical care,payable as directed by the Court.

D. Form 18 Proceedings:

1. Disputes arising after a medical chargehas been paid, involving conflicting interpretationsof the Schedule of Medical and Hospital Fees maybe addressed by filing a Form 18. A copy of theForm 18 and all supplemental materials, includingthe specific general instruction, ground rule, orother provision of the Schedule of Medical andHospital Fees serving as the basis for therequested reimbursement, shall be sent by themedical provider to the employer or its insurancecarrier if insured. A copy of the actual medical billin dispute must include dates of service, procedurecodes, charges for services rendered and any

payment received, and an explanation of unusualservices or circumstances. Once appropriatejurisdictional requirements are met, theAdministrator shall notify all parties of the rightwithin thirty (30) days to submit further evidence,documentation or clarifications as part of the Form18 review. The payer must submit a writtenexplanation of benefits to the Administrator thatstates clear and persuasive reasons for contestingthe payment of any item specific to the medicalprovider’s billing, including the citing of theappropriate specific general instruction, groundrule, or other provision of the Schedule of Medicaland Hospital Fees supporting the payer’s reasonsfor contesting payment. The Administrator mayschedule a hearing with all parties beforerendering an order disposing of the Form 18 issue. The Administrator may refer the Form 18 matter toa regularly assigned judge of the Court for factfinding and determination and possible impositionof sanctions against a payer for failure for goodcause to pay for medical care within forty-five (45)days of receipt of a complete and accurate invoice,for a pattern of delayed payment for medical care,or for inappropriate use of the Form 18 process.

2. Either party aggrieved by theAdministrator’s order directing or denying thepayment of medical charges may appeal suchorder to a judge of the Workers' CompensationCourt by filing a Form 19 and a Form 9 within ten(10) days after the Administrator’s order is entered. The Form 19 must be appropriately marked toindicate that it is being used to appeal theAdministrator’s order. The following shall beattached to the Form 9 when filed:

a. A copy of the order appealed from;

b. Copies of all materials submitted to theAdministrator in the review proceedings;

c. A statement identifying each portion of theAdministrator’s order claimed to be inerror; and

d. An explanation of how each portion of theAdministrator’s order urged in errorconflicts with the Schedule of Medical andHospital Fees.

The appealing party must mail a copy of allmaterials which are filed in the appeal to eachopposing party. No response to the appeal of theAdministrator’s order is required.


E. Form 19 Proceedings:

1. A rehabilitation provider, case manager ora medical provider may institute proceedings torecover charges rendered for rehabilitation orhealth services, medicines or supplies which havebeen provided to a claimant, by the filing of a Form19, Part I, if the provider has not received paymentwithin forty-five (45) days of the employer’s orinsurance carrier’s receipt of a complete andaccurate invoice. A Form 19 may also be filed ifthe uninsured or own risk employer or insurancecarrier has refused liability for the payment of thecharges on one or more of the following grounds:

a. Length of treatment;

b. Necessity of treatment;

c. Unauthorized physician;

d. Denial of compensability of the claimant’saccidental injury or occupational disease;or

e. Any other objection requiring a judicialdetermination for resolution.

2. A provider may request a trial for adetermination of the issues raised on the Form 19by filing a Form 9. The provider shall mail a copyof the Form 9, together with a copy of the Form 19and itemized bill(s), to the uninsured or own riskemployer or insurance carrier in the case. Theuninsured or own risk employer or insurancecarrier shall file a Form 10M no later than thirty(30) days after the Form 9 is filed.

3. A medical report signed by a physicianshall be offered by both parties in any claim madefor the payment or non-payment of medicalservices when the dispute involves the necessityof the medical services, including claims fortreatment rendered in excess of applicabletreatment guidelines.

4. Audits of medical bills to determine theamount allowable under the appropriate Scheduleof Medical and Hospital Fees may be offered byeither party. Audits prepared by billing reviewservices, medical bill audit services or in-houseauditors may be submitted as evidence reflectingthe methodology of the application of the Scheduleof Medical and Hospital Fees. The Schedule ofMedical and Hospital Fees sets maximumamounts allowable but does not prohibit a partyfrom asserting a lesser amount should be paid.

5. Form 19 hearings may be scheduledperiodically for the Administrator’s docket todetermine the status of the payment of disputedrehabilitation, case management and medicalcharges. If the rehabilitation, case management ormedical charges are not paid before the hearing orthe parties are unable to resolve the dispute at thehearing, the dispute shall be assigned to a judge ofthe Workers’ Compensation Court for hearing onthe same date. All parties involved in a Form 19hearing shall be prepared for trial on such disputedcharges.

F. Appearances: Appearances are governedby Rule 7.

G. Mediation: Mediation is governed by Rule52 and Rule 53.

RULE 51.DISPUTED ATTORNEY FEES - WITHDRAWAL

OF ATTORNEY - CHANGE OF ADDRESS

A. When a dispute arises among severalattorneys as to the identity of claimant’s attorney ofrecord, or when several successive attorneys layclaim to a fee in the same case, the trial judgeshall decide the issues raised and allocate the feeallowed in proportion to the services rendered.

B. 1. Before any attorney may withdraw asan attorney from a Workers’ Compensation Courtcase, the attorney shall obtain leave of Court towithdraw, for good cause shown.

2. The attorney filing the Application forLeave to Withdraw as Attorney of Record shallsend a copy of the application to the attorney’sclient and to all attorneys of record. Allapplications shall be signed by the party on whosebehalf the attorney has previously appeared orcontain a certificate of the movant attorney that:

a. the client has knowledge of and hasapproved or refused to approve thewithdrawal; or

b. the attorney has made a good faith effortto notify the client and the client cannot belocated.

3. In all cases, the moving attorney shallcertify whether or not:

a. the case is set for trial or mediation;

b. the case is pending for an order;


c. the case is pending on appeal;

d. a permanent total disability order hasbeen entered; or

e. a death claim order has been entered.

4. All applications to withdraw shall includean order for the Court.

5. A Form 93 has been adopted by the Courtthat may be used for this purpose.

6. The filing of a Form 93 does not perfect anattorney lien.

C. Except when an attorney’s representationhas been terminated at the client’s initiative, noattorney shall be allowed to withdraw as anattorney for a party when that attorney has signedthe pleadings necessary to perfect an appeal. This prohibition shall apply until the appeal hasbeen fully submitted for consideration. Thisprohibition shall not apply if another attorney hasentered an appearance for the appealing partybefore the filing of the application to withdraw.

D. Any attorney of record shall give notice ofa change of address by mailing to the docketoffice, a copy of the letterhead containing the newaddress and a list containing the Oklahoma BarAssociation number of each attorney member ofthe firm who regularly appears in Court. A partyacting pro se shall mail notice of the change ofaddress to the docket office. Attorneys of recordwho change firms shall notify the Court of thestatus of the representation of their clients, andshall immediately withdraw, when appropriate.

RULE 52.MEDIATION

A. It is the policy of the Workers’Compensation Court to encourage the use ofalternative dispute resolution procedures for theearly disposition of pending litigation. Suchinformal procedures can achieve the just, efficient,and economical resolution of controversies whilepreserving the right to a full trial on demand.

B. 1. The Court, on its own motion, uponrequest of any party or by agreement of theparties, may refer any case, or portion thereof, formediation, except for disputes related to medicalcare under a certified workplace medical plan orclaims against the Multiple Injury Trust Fund. A

referral may be made at any time. More than onereferral may be made in any case.

2. The order of referral to mediation shall beentered by the Court, and provided to the parties.

C. A list of mediators is available from theCourt Administrator’s office and is posted on theCourt’s web site. To be eligible for appointment bythe Court to the list of certified workers’compensation mediators, the individual must meetthe following minimum requirements:

1. be an active or senior member in goodstanding of the Oklahoma Bar Association or amediator certified pursuant to the requirements ofthe Dispute Resolution Act, 12 O.S., Section 1801et seq.;

2. be knowledgeable of workers’compensation principles and the workers’compensation system in Oklahoma, asdemonstrated by prior experience and/oreducation in the area of Oklahoma workers’compensation benefits for at least five (5) yearsimmediately preceding the application forappointment as a mediator; and

3. except as otherwise provided in thisparagraph, within twelve months immediatelypreceding the application for appointment to theCourt’s list of certified workers’ compensationmediators:

a. complete a minimum of six (6) hours ofmediation training, which training is Courtsponsored or has been approved by theMandatory Continuing Legal EducationCommission of the Oklahoma BarAssociation, and

b. observe or have mediated a minimum oftwo (2) workers’ compensation mediationproceedings.

The requirements of paragraph 3 of thissubsection do not apply to former judges of theWorkers’ Compensation Court who served on thebench for a period of at least five (5) years.

D. 1. Appointment of individuals to the list ofcertified workers’ compensation mediators, andmaintenance and periodic validation of such list,shall be by a majority vote of the judges of theCourt. Individual appointments shall be for a five-year period. Review of requests for appointmentor reappointment to the list of qualified mediators


shall be conducted every six months beginningJanuary 1, 2007.

2. Certified mediators must complete at leastsix (6) hours of continuing education per two-yearperiod in the areas of mediation and workers’compensation, which education is Courtsponsored or has been approved by theMandatory Continuing Legal EducationCommission of the Oklahoma Bar Association. Proof of compliance with this requirement shall besubmitted to the Court Administrator. Thiscontinuing education requirement is in addition toany other general requirement which may berequired by the Oklahoma Bar Association.

3. The Court shall notify a certified mediatorof the end of the mediator’s five-year qualificationperiod at least sixty (60) calendar days before theexpiration of that period. Criteria forreappointment is the same criteria as for initialappointment in effect at the time of reappointment.

E. To request appointment to the list ofcertified workers’ compensation mediators, anindividual shall:

1. Provide the following information to theCourt’s Counselor Department, 1915 N. StilesAvenue, Oklahoma City, Oklahoma 73105-4918:

a. name;

b. address;

c. telephone number;

d. profession or occupation (e.g. attorney,retired judge);

e. training and/or experience as a mediator;

f. training and/or experience evidencingknowledge of workers’ compensationprinciples and the Oklahoma workers’compensation system; and

g. a statement certifying that the individualmeets the minimum requirements set forthin this rule; and

2. Verify that the individual, if appointed, will:

a. schedule a mediation session within thirty(30) days of the order appointing themediator, unless otherwise agreed to bythe parties;

b. schedule mediations for a minimum two(2) hour block of time, and not schedulemore than one mediation to take place ata time;

c. if requested by the Court, conduct not toexceed two pro bono mediations annually;

d. submit biennially to the CourtAdministrator written verification ofcompliance with the continuing educationrequirements of this rule;

e. accept as payment in full for servicesrendered as a certified workers’compensation mediator compensation notexceeding such rate or fee provided inRule 53; and

f. comply with all applicable statutes andCourt rules, including all applicablestandards of confidentiality andimpartiality.

F. Removal of an individual from the list ofcertified workers’ compensation mediators shall beby request of the mediator or by a majority vote ofthe judges of the Court. The Court may remove anindividual from the list of certified workers’compensation mediators for cause, including, butnot limited to the following grounds:

1. a material misrepresentation in informationsubmitted to apply for appointment to the Court’slist of certified workers’ compensation mediators;or

2. refusal or substantial failure to comply withthe provisions of this rule or other applicable Courtrules, including rules of the Court Administrator,and statutes.

G. Nothing in this rule shall preclude theparties from agreeing to voluntarily participate inmediation by a mediator of their choice,independent of an order of this Court.

H. Final disposition of all issues and mattersin a claim resolved by mediation shall becompleted upon the filing of a Court approvedcompromise settlement Form CSD-337 or FormCS-339-A, or a Form 100 Order of Dismissal, asappropriate. Final disposition of all issues andmatters in a claim resolved by mediation may notbe completed by the filing of a Form CS-339-B.


RULE 53.MEDIATION PROCESS AND FEES

A. General: Mediation in workers’compensation is governed by 85 O.S., Section321, Rule 52, and this rule. Mediation refers to theprocess of resolving disputes with the assistanceof a mediator, outside of a formal courtproceeding. All workers’ compensation issuesmay be mediated except for disputes related tomedical care under a certified workplace medicalplan or claims against the Multiple Injury TrustFund. Mediation may be by mutual agreement ofthe parties or pursuant to Court order. Recommendations of a mediator are not bindingunless the parties enter into a settlementagreement. General information about mediationin workers’ compensation may be obtained fromthe Workers’ Compensation Court Counselor(Ombudsman) Department.

B. Mediation Without Court Order: Unlessordered by the Workers’ Compensation Court,mediation shall be voluntary, and shall not beconducted without the consent of the parties.Parties to a workers’ compensation dispute subjectto mediation may mutually agree to mediation bya mediator certified by the Workers’ CompensationCourt, or may schedule and proceed withmediation independent of the Court’s processesand with a mediator of their choice. A party mayinitiate voluntary mediation with a Court certifiedmediator by submitting a request for mediation inwriting to the Court Administrator. TheAdministrator shall contact the opposing party toascertain whether or not there is an agreement tomediate. Failure of the opposing party to respondto a request for mediation within fifteen (15) daysof notification thereof shall be deemed a refusal tomediate. If mediation is agreed to, the partiesshall enter into and submit to the Administrator asigned, written consent to mediate. If the partiesare unable to agree upon a mediator from theCourt’s list of certified mediators, the Administratorshall assign a certified mediator.

C. Mediation Pursuant to Court Order: TheCourt may order mediation on its own motion,upon a party’s Form 13 request for mediationorder, or by agreement of the parties. If mediationis determined to be beneficial to a prompt andefficient resolution of the claim, the Court shallappoint the mediator by Court order.

D. Effect on Claim: A mediation conferenceshall not be cause for the delay of otherproceedings in a case pending before the Workers’Compensation Court, including the completion ofdiscovery, and the filing or hearing of motions,except by order of the Court. Mediation does nottoll any limitations period found in 85 O.S., Section318.

E. Scheduling: The mediator shall contactthe parties and schedule a mediation sessionwithin thirty (30) days of the order of appointment,unless otherwise agreed to by the parties. Thepurpose of the initial mediation session shall be forexchanging preliminary information, setting furtherscheduling, and possible settlement. A mediatormust schedule mediations for a minimum two (2)hour block of time, and may not schedule morethan one mediation to take place at a time. Unlessthe parties and the mediator agree otherwise, themediation conference shall be held at a time andlocation specified by the mediator. The mediatorshall be responsible for reserving a place andmaking arrangements for the conference and forgiving timely notice to all attorneys andunrepresented parties of the time and location ofthe conference. The mediator may recess theconference at any time and may set times forreconvening. No further notification is required forpersons present at the recessed conference.

F. Pre-mediation Statement: Prior to thescheduled mediation session, the mediator mayrequire each party to provide the mediator with abrief statement setting forth each party’s positionwith regard to the issues that need to be resolved. At the direction of the mediator, the parties shallexchange the statements submitted to themediator.

G. Conduct at Mediation: The mediator willconduct an orderly session. Parties, if represented,will give the representative attending the mediationsession full settlement authority. Failure of a partyto have full settlement authority or to participate ingood faith in the mediation process shall bereported by the mediator to the assigned trial judgewho may for good cause shown assess costs,attorney fees, and sanctions against the offendingparty. The mediator will be impartial in anymediation session, shall not coerce any party toresolve the dispute or disputes, or to settle theclaim and shall avoid the appearance of coercingany party to do so.


H. Mediator Powers and Responsibilities: The mediator:

1. has a duty to be impartial and to advise allparties of any circumstances bearing on possiblebias, prejudice or partiality;

2. does not have the authority to impose asettlement upon the parties, but shall assist theparties to reach a satisfactory resolution of theirdispute;

3. may direct questions to any of the partiesor their respective representatives to supplementor clarify information;

4. may obtain expert advice concerningtechnical aspects of a claim, whenever necessaryand with the consent of the parties;

5. may conduct separate meetings(“caucuses”) with each party, but shall not usethese meetings as a time to coerce any party tosettle. No information from a caucus may bedivulged without permission of the partyparticipating in the caucus; and

6. immediately following conclusion ofmediation proceedings per subsection J of thisrule, shall report the results of the mediation to theCourt Administrator on a form prescribed by theAdministrator. The report is required for all casesmediated by mutual agreement of the parties orpursuant to Court order, whether or not the partiesreached an agreement.

I. Confidentiality of Proceedings:

1. Mediation sessions are private and shallnot be recorded or transcribed in any way. Thosein attendance may take notes during the mediationbut all notes shall be collected by the mediator atthe end of each session and held in a confidentialfile until the mediation process is completed. When the mediation process is completed,whether or not an agreement is reached, all notesand other writings produced while a mediation is insession, except the written agreement ormemorandum of understanding, shall bedestroyed.

2. The parties and one representative mayattend mediation sessions. The claimant shall bein attendance unless all parties agree otherwise. A claimant may participate in mediation withoutcounsel. Other persons may attend only with theconsent of all parties and the mediator. Non-

parties to the claim shall be advised by themediator regarding confidentiality and are notallowed to participate in the mediation but mayconfer privately with their sponsoring party. Allpersons attending a mediation session shallrespect and maintain the total confidentiality of thesession. Attendance at a mediation session shallbe in person, except as otherwise authorized inadvance by the assigned trial judge, if any, or byagreement of the parties and the mediator.

3. Evidence of statements made and conductoccurring in a mediation conference shall not besubject to discovery and shall be inadmissible inany proceeding in the action or other actions onthe same claim. However, no evidence otherwisediscoverable shall be inadmissible merely becauseit is presented or discussed in a mediationconference.

4. No mediator shall be compelled to testifyor produce evidence concerning statements madeand conduct occurring in a mediation conferencein any civil proceeding for any purpose, except forproceedings of the State Bar Association,disciplinary proceedings of any agency establishedto enforce standards of conduct for mediators, andproceedings to enforce laws concerning juvenile orelder care.

5. Statistical information regarding use ofmediation in workers’ compensation is subject topublic disclosure.

J. Concluding Mediation: During themediation conference, the parties may agree toresolve a particular issue, settle the entire claim orconclude the mediation without reaching anagreement or settlement. A mediation conferencemay be concluded by any party at any time, by themediator if in the mediator’s discretion it isnecessary or an impasse exists, or upon anagreement being reached by the parties. If anagreement is reached, the agreement shall bereduced to writing by the mediator, then read andsigned by the parties and their counsel, if any, andthe mediator. If the agreement requires a Courtorder, the order must be presented for approval.Whether or not the parties reached an agreementor mediated by mutual agreement or pursuant toCourt order, the mediator shall report the results ofthe mediation as provided in subsection H of thisrule.

K. Fees: A certified mediator shall be entitledto a fee that does not exceed One Hundred Dollars($100.00) per hour, or portion thereof, for


mediation conferences, not to exceed a total fee ofEight Hundred Dollars ($800.00) for any mediationconference, even though the conference mayrecess and reconvene subsequently on one ormore dates. The respondent shall pay themediator Two Hundred Dollars ($200.00) on orbefore the initial mediation session. This paymentshall be applied against the Eight Hundred Dollars($800.00) owed for the mediation conference. Ifthe mediation is concluded at the initial mediationsession, the mediator shall bill the respondent theremaining balance of the total fee. If the mediationconference is recessed and reconvened by themediator, the respondent shall pay the remainingbalance to the mediator on or before the firstreconvened date. The mediator shall disclose themediator’s fees to the parties when scheduling theinitial mediation session. Mediators shall beentitled to reimbursement for mileage andnecessary lodging expenses, limited to theprovisions of the State Travel Reimbursement Act,74 O.S. Section 500.1 et. seq. Thesereimbursements shall be in addition to the fees setforth in this subsection. Nothing in this subsectionshall prohibit a mediator from charging a flat fee fora mediation conference, subject to the limitsspecified in this subsection.

RULE 54. PREHEARING AND PRETRIALCONFERENCES

A. The assigned trial judge shall set aprehearing conference at the earliest availabletime after the filing of the Form 13.

B. Nothing in this rule shall limit a party’s rightto request a pretrial conference with the trial judgeat the time of trial.

C. The Court, in its discretion, may order theappearance of any party or attorney at anyprehearing or pretrial conference. Nothing in thisrule shall limit the authority of a judge of theWorkers' Compensation Court to order aprehearing or pretrial conference.

D. The Court, in its discretion, in order toassist in the efficient management of the dockets,may establish additional pretrial dockets.

E. Failure to appear at a conference,appearance at a conference substantiallyunprepared or failure to participate in good faithmay result in any of the following sanctions:

1. the striking of the hearing;

2. holding the proceeding in abeyance;

3. an order entered by default;

4. assessment of expenses and fees (eitheragainst a party or the attorney individually); or

5. such other order as the Court may deemjust and appropriate.

F. If during a prehearing conference, the trialjudge finds the party seeking the prehearingconference has done so in an effort to delay,harass or increase costs, the judge shall assess allcosts and attorney fees for such conferenceagainst the party requesting the conference.

G. All regularly scheduled conferences withthe Court shall be governed by the prehearingconference rules of procedure as set out herein.

H. If any party requests a prehearingconference, that party must certify, on the requestfor prehearing conference, that the parties haveconferred or attempted to confer in good faith, butsincere efforts to resolve the issue have beenunavailing.

RULE 55.PERMANENT TOTAL DISABILITY

STATUS REVIEW

A. Pursuant to 85 O.S., Section 336(C),every three years following the file-stamped dateof an award for permanent total disability, theCourt shall notify the respondent in writing of theability to review the claimant’s permanent totaldisability status by filing a Form 13. A copy of thenotice shall be sent to the claimant’s attorney ofrecord or to the claimant if unrepresented. TheCourt will not set the issue for hearing unless aForm 13 is filed. This rule shall apply only topermanent total disability awards entered againstan employer on and after August 26, 2011. Therule is not applicable to combined disability awardsagainst an employer or the Multiple Injury TrustFund.

B. The Court provided notice pursuant to thisrule shall be discontinued upon the respondent’swritten request, the respondent’s written noticethat the award was paid or the benefits abated byoperation of law, or pursuant to a Court orderedchange in condition for the better. Failure of therespondent to notify the Court upon payment of theaward or abatement of the benefits may result insanctions against the respondent.


RULE 56.COMPROMISE SETTLEMENTS

A. The parties in interest to a claim forcompensation may settle upon and determine anyand all issues and matters by agreement, inaccordance with 85 O.S., Section 337 or 85 O.S.,Section 339, subject to the terms and conditions ofthis rule.

B. Any agreement submitted to the Court forapproval shall be set forth in a Form CSD-337 asauthorized by 85 O.S., Section 337 for abeneficiary of a deceased worker in a death claim,or in a Form CS-339-A as authorized by 85 O.S.,Section 339 for all other claims except claims forpayment of medical and rehabilitation servicesrendered before the file-stamped date of the FormCSD-337 or Form CS-339-A agreement orcombined disabilities claims against the MultipleInjury Trust Fund; provided, an agreementbetween an employer and employee as to facts inrelation to an injury and payment of compensationwhich is subject to reopen on change of condition,shall be set forth in a Form CS-339-B. Nothing inthis rule shall preclude the Multiple Injury TrustFund from compromising a claim as authorized by85 O.S., Section 404(F).

C. No Form CSD-337 agreement shall bebinding on the parties in interest unless it isapproved by a judge of the Workers’Compensation Court. No Form CS-339-A or FormCS-339-B agreement shall be binding on theparties in interest unless it is approved by a judgeof the Workers’ Compensation Court or the CourtAdministrator. The agreement, including anyattached appendix identifying the outstandingissues that are subject to the Court’s continuingjurisdiction, shall be approved unless it isdetermined that:

1. The agreement is unfair, unconscionable,or improper as a matter of law; or

2. The agreement is the result of anintentional misrepresentation of a material fact; or

3. The agreement, if for permanent partialimpairment, is not supported by competentmedical evidence as required by 85 O.S., Section333(A).

D. As used in this rule, “parties in interest”means the respondent (employer and theemployer’s insurance carrier if insured), and anemployee or the employee’s beneficiary in a death

claim. An employee who is not represented bylegal counsel may effect a compromise settlementupon the employer’s filing of a Form 2, or theemployee’s filing of a claim for compensation(Form 3 or Form 3B), regarding the injury oroccupational disease which is the subject of thecompromise settlement. An employee’sbeneficiary in a death claim may effect acompromise settlement only upon the filing of aForm 3A and a duly executed and authenticatedproof of loss (Form 20).

E. In no instance shall the total attorney’s feeamount provided for in a compromise settlementexceed the maximum attorney fee allowed by law.

F. No compromise settlement shall be madeupon written interrogatory or deposition except incases where the claimant is currently engaged inthe military service of the United States, is outsideof the state, is a nonresident of Oklahoma, or incases of extreme circumstances.

G. 1. A record of the terms and conditionsof an approved Form CSD-337 or Form CS-339-Aand the understanding of the employee oremployee’s beneficiary, as applicable, concerningthe effect of the settlement must be made andtranscribed at the expense of the respondent. Thetranscript shall be prepared and provided to theparties within ninety (90) days. If any respondentprefers to be billed immediately for the transcript,it may request the court reporter to determine thecharge at the time the record is made. The courtreporter may then contract for services renderedand submit a statement to the respondent inconformity with the agreement. Medical reportsand other exhibits submitted in support of a FormCSD-337 or Form CS-339-A shall not betranscribed unless the parties request otherwise. If the reports or exhibits are not transcribed, theoriginal exhibits or duplicate copies thereof shallbe affixed to the original transcript and placed inthe Court file.

2. No record of the terms and conditions ofan approved Form CS-339-B is required unlesstestimony, other than medical testimony submittedby written narrative report, is required to effect thecompromise settlement. When a record isprepared, medical reports and other exhibitssubmitted in support of a Form CS-339-B shall notbe transcribed unless the parties requestotherwise. If the reports or exhibits are nottranscribed, the original exhibits or duplicatecopies thereof shall be affixed to the originaltranscript and placed in the Court file.


H. A file-stamped copy of an approved FormCSD-337, Form CS-339-A or Form CS-339-B shallbe mailed by the Court to all unrepresented partiesand attorneys of record.

I. A Form CSD-337 that fully and finallyresolves all issues in a death claim between theemployee’s beneficiary and the respondent, and aForm CS-339-A that fully and finally resolves allissues in a claim for compensation between theemployee and the respondent, shall not bedeemed an adjudication of the rights between themedical or rehabilitation provider and the employerfor reasonable and necessary medical andrehabilitation expenses incurred by the employeedue to the injury before the file-stamped date ofthe approved Form CSD-337 or Form CS-339-A.

J. Within seven (7) days of the date amedical provider provides initial treatment for awork-related accident, the medical provider shallprovide notice in writing to the Workers’Compensation Court, if and only if, a Form 3, Form3A or Form 3B has been filed with the Court, andin all cases shall provide notice in writing to thepatient’s employer, and if known, the employer’sinsurance carrier. If the medical provider fails toprovide the required notification, the medicalprovider forfeits any rights to future notification,including those circumstances where a case isfully and finally settled by a Form CS-339-A,unless the medical provider is actually known tothe respondent or is listed by the employee.

K. If the issue of medical treatment is fullyand finally settled by a Form CS-339-A, at the timeof the Form CS-339-A, the employee shall provideto the respondent a list of all medical providersknown to the employee. The Form CCS shall beused for that purpose. Within ten (10) days fromthe file-stamped date of the Form CS-339-A, therespondent shall send notice of the Form CS-339-A to all medical providers listed by the employeeand to all medical providers known to therespondent. The employee is liable for payment ofany medical services rendered after the Form CS-339-A is filed. The employee also is responsiblefor informing any future medical providers that thecase or issue of medical treatment was fully andfinally disposed of by a Form CS-339-A and thatthe employee, rather than the respondent, is theparty financially responsible for such services.

RULE 57.NUNC PRO TUNC ORDERS

A. Within twenty (20) days of the date a finalorder was sent to the parties the Workers'Compensation Court's power to correct it nunc protunc is coextensive with that of the district court.After the lapse of twenty (20) days that power islimited only to correcting facially apparent clericalerrors or omissions, mathematical miscalculations,and other facially apparent mistakes in recordingjudicial acts.

B. No nunc pro tunc change may be made inany order without a written application thereformade by the filing of a form Nunc Pro TuncRequest, followed by an adversary hearing setupon notice to the opposite parties or a writtenconsent by those parties. A nunc pro tunccorrection order made within twenty (20) days of afinal order's entry must be entered and sent to theparties within those twenty (20) days. See,Ferguson v. Ferguson Motor Co., 1988 OK 137,766 P.2d 335.

RULE 58.CERTIFICATION OF AWARDS

An application for an order directingcertification to district court of any workers’compensation award may be heard after notice tothe respondent and insurance carrier has beengiven at least ten (10) days before the scheduledtrial thereon. At such trial the respondent andinsurance carrier shall be afforded an opportunityto show good cause why the application should notbe granted.

RULE 59.PROOF OF PRIOR ADJUDICATION

A. If, in the course of a litigated proceeding,a party desires to establish the fact of a prioradjudication either by the State Industrial Court,the Workmen's Compensation Court or by theWorkers' Compensation Court, the proof thereofshall be made by offering a certified copy of thejudgment roll, rather than by offering the Court’scase file. For purposes of this rule, the judgmentroll shall consist of: (1) the notice and claim forcompensation form for accidental injury, death,occupational disease or combined disabilities; and(2) the orders and awards made in the case.


B. Any other part of the case file in apreviously adjudicated claim shall be offered in asimilar manner.

RULE 60.APPEALS

A. Appeals to the Court en banc may betaken by filing an original and two (2) copies of aRequest for Review within ten (10) days from thedate the order appealed from was filed with theCourt as reflected by the date of the file stampthereon. No party may file a Motion For New Trial,a Motion For Reconsideration or a Petition forRehearing before the assigned trial judge. TheRequest for Review shall include:

1. The name of the trial judge from whosedecision the appeal is taken;

2. A copy of the order appealed;

3. A specific statement of each conclusion oflaw and finding of fact urged as error. Generalallegations of error do not suffice. The party orparties appealing to the Court en banc will bebound by the allegations of error contained in theRequest for Review and will be deemed to havewaived all others; and

4. A brief statement of the relief sought.

B. No response to a Request for Review isnecessary. A motion to Dismiss an Appeal for lackof jurisdiction based upon the time lines of theappeal, may be filed by the non-appealing party. Appeals to the Court en banc shall be strictly onthe record made before the trial court. No newevidence shall be allowed. The Request forReview shall be accompanied by a non-refundablefiling fee in the sum of One Hundred Seventy-fiveDollars ($175.00).

C. A designation of record shall be filed bythe appealing party and a copy submitted to thecourt reporter and all other parties in the caseconcurrently with or before filing a Request forReview in all actions which are appealed to theCourt en banc. The cost of preparing thetranscript shall be advanced immediately by thedesignating party. The transcript shall be preparedand sent to all parties to the appeal within forty-five(45) days from the date the designation of recordis filed.

D. 1. Where a party believes that amemoranda brief would aid the Court en banc in

its determination, the party may submit the briefand two copies thereof to the Court en banc on thedate of oral argument. The party shall provide allopposing parties with a copy of the memorandabrief not later than three (3) days prior to oralargument.

2. Memoranda brief shall not exceed fivepages in length. The brief shall be submitted on 8½” x 11", paper with one inch margins and shallbe double-spaced and prepared in no less than tenpoint type. No appendix or other documents shallbe attached to the brief.

E. The presiding judge, or in the absence ofthe presiding judge, the judge who is the mostsenior in terms of service or designee, shallpreside at oral argument.

F. Oral argument shall be limited to ten (10)minutes to each side unless the time is enlargedby leave of the Court. Any party failing to appearwhen the appeal is called for oral argument shallbe deemed as having waived the right to argue thecase and the appeal shall be considered as beingsubmitted on the record. If a basis of the appealinvolves medical evidence, other disputedquestions of fact, or if there is controlling orsignificant appellate authority, three sets ofrelevant documents, excerpts of the trial transcript,deposition testimony, or decisions shall bepresented to the Court en banc at the time of oralargument and shall be exchanged with opposingparties prior to oral argument.

G. All proceedings of the Court en banc shallbe recorded by a court reporter of the Court. Anyparty requesting a transcript of the proceedingsshall bear the costs associated with itspreparation. Any designation of the record for theCourt en banc shall be governed by the applicableRules of Appellate Procedure in civil cases asadopted by the Oklahoma Supreme Court. Duringthe pendency of an appeal to the Court en banc,the trial court shall retain jurisdiction over anyissue not affected by the eventual ruling of theappellate body. See, Waddle v. State IndustrialCourt, 1964 OK 169, 394 P.2d 511.

RULE 61.CONTEMPT

A. Direct Contempt:

1. Power of the Court. The court has thepower to punish any contempt in order to protectthe rights of the parties and the interests of the


public by assuring that the administration of justiceshall not be thwarted. The trial judge has thepower to cite and if necessary punish anyone who,in the judge’s presence in open court, willfullyobstructs the court or judicial proceedings after anopportunity to be heard has been afforded.

2. Admonition and Warning. Censure shouldnot be imposed by the trial judge unless:

a. it is clear from the identity of the offenderand the character of the acts thatdisruptive conduct was willfullycontemptuous; or

b. the conduct warranting the sanction waspreceded by a clear warning that theconduct is impermissible and thatspecified sanctions may be imposed for itsrepetition.

3. Notice of Intent to Use Contempt Power. Postponement of Adjudication:

a. The trial judge, as soon as practicableafter being satisfied that courtroommisconduc t requires contemptproceedings, should inform the allegedoffender of the judge’s intention to institutesuch proceedings.

b. The trial judge should consider theadvisability of deferring adjudication ofcontempt for courtroom misconduct of aparty, an attorney or a witness until afterthe trial, and should defer such aproceeding unless prompt punishment isimperative.

4. Notice of Charges and Opportunity to beHeard. Before imposing any punishment forcontempt, the judge should give the offendernotice of the charges and at least a summaryopportunity to adduce evidence or argumentrelevant to guilt or punishment.

5. Referral to Another Judge. The judgebefore whom courtroom misconduct occurs mayimpose appropriate sanctions, includingpunishment for contempt, but should refer thematter to the Court Administrator for assignment toanother judge, if the judge’s conduct was sointegrated with the contempt that the judgecontributed to it or was otherwise involved, or thejudge’s objectivity can reasonably be questioned.

B. Indirect Contempt for Refusal to ComplyWith Subpoena.

1. Power of the Court. The court has thepower to punish a witness for willful disobedienceof, or willful resistance to, a subpoena lawfullyissued or made by the court.

2. Attachment of a Witness forNonattendance. When a witness fails to attend inobedience to a subpoena, except in case of ademand and failure to pay witness fees, the trialjudge before whom attendance by the witness isrequired may issue an attachment to the sheriff ofthe county where the witness resides, or where thewitness may be at the time, commanding thesheriff to arrest and bring the person named in thesubpoena before the trial judge at a time and placeto be fixed in the attachment, to give testimony andanswer for the contempt. If the attachment doesnot require the witness to be immediately broughtbefore the trial judge, a sum may be fixed in whichthe witness may give an undertaking, with surety,for their appearance. Such sum shall be endorsedon the back of the attachment. If no sum for theundertaking is fixed and endorsed on the attachment, it shall be One Hundred Dollars($100.00). If the witness is not personally servedwith the attachment, the court may order thewitness to show cause why an attachment shouldnot issue against him or her. Charges for serviceof the attachment shall be paid by the partymoving the Court for an order of contempt againstthe witness for refusal to comply with thesubpoena.

3. Punishment for Contempt. Thepunishment for failure of a witness to attend inobedience to a subpoena lawfully issued by theWorkers’ Compensation Court shall be limited to afine not exceeding One Thousand Dollars($1,000.00), payable by the witness to theWorkers’ Compensation Court for credit to theAdministrator of Workers’ CompensationRevolving Fund created pursuant to 85 O.S.,Section 370(A).

C. Indirect Contempt for Disobedience ToCourt Order. Obedience of any person to an orderof the Workers’ Compensation Court, other than asubpoena to testify as a witness, may becompelled by attachment proceedings through thedistrict court upon application of the Workers’Compensation Court judge pursuant to 85 O.S.,Section 347.


RULE 62.ACTIVE RETIRED JUDGES

Active retired judges assigned to the Workers’Compensation Court by the Chief Justice of theOklahoma Supreme Court shall perform suchduties and responsibilities as authorized by law,and as a majority of the judges of the Workers’Compensation Court may prescribe.

RULE 63.CERTIFICATE OF COVERAGE

FOR INSURANCE

A. Any insurer issuing a policy to providebenefits pursuant to the Workers' CompensationCode, or group self-insurance associationapproved by the Court Administrator, must reportits statutorily required notices of insurancecoverage and cancellation electronically with theAdministrator using the National Council onCompensation Insurance (NCCI) Proof ofCoverage (POC) system. To do so, the insurermust elect with the NCCI to use the NCCI POCsystem, authorize the NCCI to make the requiredfilings on behalf of the insurer, and report its policyinformation, including, but not limited to, new andrenewal policies, binders, cancellations,reinstatements, and endorsements, with the NCCIin accordance with NCCI reporting requirementsfor the State of Oklahoma.

B. Compliance with 85 O.S., Section 356(G)is required to effect cancellation of a workers'compensation insurance policy. Notice of intent tocancel provided to NCCI or to the Workers'Compensation Court pursuant to 85 O.S., Section356(G) does not constitute service upon theinsured employer of notice of intent to cancel.

C. A policy must be reported to the NCCI nolater than thirty (30) days after the effective date ofthe policy. Every named insured and coveredlocation in the State of Oklahoma must be reportedas well. The date the POC information is receivedby the NCCI will count as the received date forpurposes of this deadline. Any insurer who fails totimely or accurately file their policies with theNCCI, may be liable for an administrative violationand subject to a fine by the Administrator of notmore than One Thousand Dollars ($1,000.00), asprovided in 85 O.S., Section 351.

D. Any expense incurred by the Court or anyparty resulting from continuances necessitated bythe failure of the respondent or its insurer tocomply with this rule, may be assessed by the

Court against the party responsible.

E. Each certified workplace medical planshall file, and maintain, with the CourtAdministrator a current list of its network providersand dispute resolution form, for public disclosure. This filing requirement may be complied with bysubmission of the required information in writing,or electronically if approved in advance by theCourt Administrator. Alternatively, the plan maynotify the Administrator in writing of the appropriateInterNet web site address through which therequired information may be accessed by thepublic electronically.

RULE 64.MOTION TO REVOKE INSURANCE LICENSE

Motions to revoke or suspend the insurancelicense of any carrier, pursuant to 85 O.S., Section346(B), shall be submitted to the CourtAdministrator for disposition. The Administratormay refer the matter to a regularly assigned judgeof the Court for fact finding and determination.Appeals from the Administrator’s or trial judge’sdecision are subject to Rule 60. If it is determinedthat an insurer’s license should be suspended orrevoked, a recommendation to that effect shall bemade to the Insurance Commissioner.

RULE 65.ORDERS SUPPLEMENTING RULES

When authorized by a majority of the judges ofthe Workers’ Compensation Court, the PresidingJudge may enter orders consistent with these rulesfor the general conduct of business.

RULE 66.EFFECTIVE DATE

These rules, as amended, shall becomeeffective on January 31, 2014.


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