reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 1 - General Provisions › Section 810:10-1-10 - Contact information for service of notice; entry of appearance; leave to withdraw

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contact information for service of notice.
(1) Each party, upon instituting or
				responding to any proceedings before the Commission, shall file with the
				Commission the party's address, or the name and address of any agent upon whom
				notices shall be served to such party or agent at the last address so filed
				with the Commission. A party, including a claimant acting pro se, shall
				promptly communicate any change of address to the Commission's Docket Office.
(2) An attorney of record, as
				defined in Subsection (d) of this Section, shall give notice of a change of
				address by electronically filing a form on the Commission's website at
www.ok.gov/wcc
, or by providing the
				Commission's Docket Office with a copy of the letterhead containing the new
				address and a list containing the Oklahoma Bar Association number of each
				attorney member of the firm who regularly appears before the Commission.
(3) Notice and service of
				documents may be made as prescribed in 12 O.S. § 2005(B). It is the
				responsibility of parties to an action before the Commission to provide a
				current mailing address, and email address if available, to Commission staff.
				Notices and documents sent to the last known address or email address on file
				with the Commission, are presumed delivered in a timely manner, and presumed
				received.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 1 - General Provisions › Section 810:10-1-11 - Designation of agent for service of notice

Current through Vol. 41, No. 20, July 1, 2024
(a) Each insurance carrier, as defined in
				810:10-1-3, shall
				designate a single agent for service of notice by filing a Designation of
				Service Agent form with the Commission. A copy of the form may be obtained from
				the Commission at its main offices, or from the Commission's website.
(b) Once a claim for compensation
				is filed as provided in
				810:10-5-2,
				if the employer is self-insured or insured by an insurance carrier, the
				Commission shall send all notices and correspondence to the designated agent,
				until an entry of appearance is filed as provided in
				810:10-1-10.
				If no agent for service of notice is designated on a Designation of Service
				Agent form, notices and correspondence shall be sent to the:
(1) signatory on the self-insurance
				application, if the insurer is an individual own risk employer;
(2) Administrator of the group self-insurance
				association, if the insurer is a group self-insurance association;
(3) person designated to receive notice of
				service of process for an insurer as provided in 36 O.S. §
										621,
				if the insurer is a foreign or alien insurance carrier; or
(4) service agent on file with the Oklahoma
				Secretary of State, if the insurer is a domestic insurance carrier.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 1 - General Provisions › Section 810:10-1-12 - Prohibited communications

Current through Vol. 41, No. 20, July 1, 2024
(a) Ex parte communications by an Administrative Law Judge of the Commission with any party, witness or medical provider are proscribed in 85A O.S. § 105, and may subject the Administrative Law Judge to disqualification from the action or matter upon presentation of an application for disqualification.
(b) Parties, attorneys, mediators, case managers, Commission counselors, Commissioners, vocational rehabilitation evaluators, witnesses and medical providers shall have no ex parte communications with the assigned Administrative Law Judge regarding the merits of a specific matter pending before the judge.
(c) Direct or indirect ex parte communications by a party or their attorney, agent, employees, or anyone else acting on their behalf, with a Commission appointed professional regarding specific cases or claimants are prohibited except as authorized in Paragraph (2) of this Subsection.
(1) For purposes of this Subsection, "Commission appointed professionals" means independent medical examiners, vocational rehabilitation counselors, case managers, and others who have been appointed by the Commission to provide services or treatment to the claimant. The term also includes the office staff of the professional and any physician or chiropractor who accepts a referral from a Commission appointed professional for treatment or evaluation of the claimant when such referral is authorized by the Commission. The term excludes a treating physician or chiropractor selected pursuant to 85A O.S. § 56 regarding change of physician or chiropractor.
(2) The following communications are permitted communications:
(A) Joint letter of the parties requesting information or opinions from the Commission appointed professional after approval by the assigned Administrative Law Judge;
(B) Communication with the staff of a Commission appointed independent medical examiner to schedule or verify an appointment, or to authorize diagnostic testing, treatment or surgery;
(C) Communication with a Commission appointed medical case manager concerning light duty issues consistent with the physician's or chiropractor's restrictions;
(D) Any communication between the claimant and the Commission appointed professional necessary to complete the claimant's treatment, testing or evaluation; and
(E) Communication between Commission appointed professionals.
(3) Failure to comply with this Subsection may, in the discretion of the assigned Administrative Law Judge, result in the imposition of costs, a citation for contempt, or sanctions against the offending party.
(4) Instances of prohibited communications with a Commission appointed professional shall be communicated by the Commission appointed professional to the assigned Administrative Law Judge and all parties or counsel, in writing.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 1 - General Provisions › Section 810:10-1-13 - Time computation

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Generally. The time within which an act is to be done, as provided in the AWCA
				or this Title, shall be computed by excluding the first day and including the
				last day. If the last day is a legal holiday, it shall be excluded, and
				performance of that act shall be required on the next regular business day.
				Time limits related to filing dates shall be computed as provided in this
				Section from the date of filing as reflected by the date of the file stamp on
				the document.
(b) Time period of
				less than eleven days. When the period of time prescribed or allowed is less
				than eleven (11) days, intermediate legal holidays and any other day when the
				office of the Clerk of the Commission does not remain open for public business
				until the regularly scheduled closing time, shall be excluded from the
				computation.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 1 - General Provisions › Section 810:10-1-14 - Electronic filing

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				Rule shall become effective upon implementation of a Case Management System by
				the Workers' Compensation Commission. Implementation of the Case Management
				System will be a phased implementation.
(b) The Commission recognizes that documents
				in proceedings before the Commission may be filed, served and preserved in
				electronic format. This Rule shall supplement but not replace the existing
				statutes and Commission rules regulating the practice and procedure before the
				Commission. Nevertheless, where this Rule specifies a practice or procedure,
				this Rule shall control with respect to those matters filed using the Case
				Management System.
(c) Whenever the
				Oklahoma Workers' Compensation Commission Rules of Practice and Procedure, OAC
				810:10, require a pleading, motion, document or other instrument to be filed or
				delivered to the Clerk of the Commission, such requirement may be satisfied by
				electronic filing as authorized by the Case Management System, and any other
				applicable statute or Commission rule.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes procedures and standards
				  governing alternative dispute resolution, including mediation, as an informal
				  dispute resolution process for workers' compensation claims and issues, as
				  authorized in 85A O.S. § 70 regarding preliminary conferences, 85A O.S.
				  § 109 regarding the Commission counselor program, and 85A O.S. § 110
				  regarding alternative dispute resolution and mediation.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-2 - Policy

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Workers' Compensation Commission is committed to
				  the use of alternative dispute resolution procedures in workers' compensation
				  claims, and all parties to workers' compensation claims are encouraged to
				  voluntarily consider mediation as an alternative to traditional trials for the
				  resolution of their disputes. Such informal procedures can achieve the just,
				  efficient and economical resolution of controversies while preserving the right
				  to a full administrative hearing on demand.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-3 - Counselor program

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission shall maintain a workers' compensation counselor program to assist
				injured employees, employers and persons claiming death benefits under the
				AWCA. The program shall be administered by the Counselor Division of the
				Commission.
(b) A Division
				counselor shall:
(1) meet with or otherwise
				provide information to injured employees;
(2) investigate complaints;
(3) communicate with employers, insurance
				carriers, individual own risk employers, group self-insurance associations, and
				health care providers on behalf of injured employees;
(4) provide informational seminars and
				workshops on workers' compensation for medical providers, insurance adjusters,
				and employee and employer groups; and
(5) develop informational materials for
				employees, employers and medical providers.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-4 - Mediation process, generally

Current through Vol. 41, No. 20, July 1, 2024
All workers' compensation issues may be mediated except for
				  disputes related to medical care under a certified workplace medical plan or
				  claims against the Multiple Injury Trust Fund. Mediation shall be voluntary,
				  informal, nonbinding (unless the parties enter into a settlement agreement) and
				  strictly confidential. If an agreement is not reached, the results and
				  statements made during the mediation are not admissible in any following
				  proceeding except as provided in
				  810:10-3-10.
				  Mediation may be by mutual agreement of the parties to a workers' compensation
				  dispute or pursuant to a referral order by the assigned Administrative Law
				  Judge as provided in 85A O.S. § 110(E) following the filing of a request
				  for administrative hearing and assent of the parties to mediate. Parties may
				  waive mediation and proceed directly to an administrative hearing. General
				  information about mediation in workers' compensation may be obtained from the
				  Commission's Counselor Division.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-5 - Preliminary conferences

Current through Vol. 41, No. 20, July 1, 2024
(a) At
				the Commission's discretion the first prehearing conference shall be directed
				to the preliminary conference docket of a Benefit Review Officer of the
				Commission. Pursuant to 85A O.S. § 70, the Benefit Review Officer shall:
(1) assist unrepresented claimants to enable
				those persons to protect their rights in the workers' compensation
				system;
(2) narrow and define the
				disputed issues;
(3) facilitate
				informal dispute resolution and provide an opportunity for a binding settlement
				of some or all of the issues;
(4)
				prepare at the conclusion of the preliminary conference stipulations of all
				contested and uncontested issues which shall be signed by representatives of
				the parties and the Benefit Review Officer; and
(5) draft a written summary report of the
				conference within five (5) days after the preliminary conference is closed to
				be filed in the case.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-6 - Certified mediators

Current through Vol. 41, No. 20, July 1, 2024
(a)
Mediator list.
The Commission shall maintain a list of private mediators to serve as certified mediators for the Commission's alternative dispute resolution program. The list shall be placed on the Commission's website at
http://www.wcc.ok.gov
.
(b)
Qualifications.
To be eligible for appointment by the Commission to the list of certified workers' compensation mediators for a five-year period, the individual must:
(1) be an attorney or non-attorney who has worked in the area of Oklahoma workers' compensation benefits for at least five (5) years; and
(2) otherwise have complied with the requirements of 85A O.S. § 110.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-7 - Mediation without Commission order of referral

Current through Vol. 41, No. 20, July 1, 2024
Mediation shall be voluntary and shall not be conducted
				  without the consent of the parties. Parties to a workers' compensation dispute
				  subject to mediation may mutually agree to mediation by a mediator certified by
				  the Commission, to a preliminary conference pursuant to
				  810:10-3-5,
				  to a Commission mediator pursuant to 85A O.S. § 110(D), or may schedule
				  and proceed with mediation independent of the Commission's processes and with a
				  mediator of their choice. A party may initiate voluntary mediation with a
				  Commission certified mediator by submitting a request for mediation in writing
				  to the Commission's Counselor Division. The Division shall contact the opposing
				  party to ascertain whether or not there is an agreement to mediate. Failure of
				  the opposing party to respond to a request for mediation within fifteen (15)
				  days of notification thereof shall be deemed a refusal to mediate. If mediation
				  is agreed to, the parties shall enter into and submit to the Division a signed,
				  written consent to mediate. If the parties are unable to agree upon a mediator
				  from the Commission's list of certified mediators or elect not to mediate using
				  the preliminary conference process, the Division shall assign a certified
				  mediator, taking into consideration the availability and location of the
				  certified mediator.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-8 - Mediation by Commission order of referral

Current through Vol. 41, No. 20, July 1, 2024
The Commission may order referral to mediation pursuant to an
				  order by the assigned Administrative Law Judge as provided in 85A O.S. §
				  22(C)(9) and 85A O.S. § 110(E) following the filing of a request for
				  administrative hearing and assent of the parties to mediate.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-9 - Mediator powers and responsibilities

Current through Vol. 41, No. 20, July 1, 2024
The mediator:
(1)
				has a duty to be impartial and to advise all parties of any circumstances
				bearing on possible bias, prejudice or partiality;
(2) does not have the authority to impose a
				settlement upon the parties, but shall assist the parties to reach a
				satisfactory resolution of their dispute;
(3) may direct questions to any of the
				parties or their respective representatives to supplement or clarify
				information;
(4) may obtain expert
				advice concerning technical aspects of a claim, whenever necessary and with the
				consent of the parties;
(5) may
				conduct separate meetings known as caucuses with each party, but shall not use
				these meetings as a time to coerce any party to settle. No information from a
				caucus may be divulged without permission of the party participating in the
				caucus; and
(6) immediately
				following conclusion of mediation proceedings, report the results of the
				mediation to the Counselor Division on a Report of Mediation Conference form
				prescribed by the Commission. The report is required for all cases mediated by
				mutual agreement of the parties or pursuant to Commission order of referral,
				whether or not the parties reached an agreement.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-10 - Confidentiality of proceedings; attendance

Current through Vol. 41, No. 20, July 1, 2024
(a) Mediation sessions are private and shall
				not be recorded or transcribed in any way. Those in attendance may take notes
				during the mediation but all notes shall be collected by the mediator at the
				end of each session and held in a confidential file until the mediation process
				is completed. When the mediation process is completed, whether or not an
				agreement is reached, all notes and other writings produced while a mediation
				is in session, except the written agreement or memorandum of understanding,
				shall be destroyed.
(b) The parties
				and one representative for each party may attend mediation sessions. The
				claimant shall be in attendance, unless all parties agree otherwise. A claimant
				may participate in mediation without counsel. Other persons may attend only
				with the consent of all parties and the mediator. Non-parties to the claim
				shall be advised by the mediator regarding confidentiality and are not allowed
				to participate in the mediation, but may confer privately with their sponsoring
				party. All persons attending a mediation session shall respect and maintain the
				total confidentiality of the session. Attendance at a mediation session shall
				be in person, except as otherwise authorized in advance by the assigned
				Administrative Law Judge, if any, or by agreement of the parties and the
				mediator.
(c) Evidence of
				statements made and conduct occurring in a mediation conference shall not be
				subject to discovery and shall be inadmissible in any proceeding in the action
				or other actions on the same claim. However, no evidence otherwise discoverable
				shall be inadmissible merely because it is presented or discussed in a
				mediation conference.
(d) No
				mediator shall be compelled to testify or produce evidence concerning
				statements made and conduct occurring in a mediation conference in any civil
				proceeding for any purpose, except for proceedings of the State Bar
				Association, disciplinary proceedings of any agency established to enforce
				standards of conduct for mediators, and proceedings to enforce laws concerning
				juvenile or elder care.
(e)
				Statistical information regarding use of mediation in workers' compensation is
				subject to public disclosure.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-11 - Concluding mediation

Current through Vol. 41, No. 20, July 1, 2024
During the mediation conference, the parties may agree to
				  resolve a particular issue, settle the entire claim or conclude the mediation
				  without reaching an agreement or settlement. A mediation conference may be
				  concluded by any party at any time, by the mediator if in the mediator's
				  discretion it is necessary or an impasse exists, or upon an agreement being
				  reached by the parties. If an agreement is reached, the agreement shall be
				  reduced to writing by the mediator, then read and signed by the parties and
				  their counsel, if any, and the mediator. If the agreement requires a Commission
				  order, the order must be presented for approval. Whether or not the parties
				  reached an agreement or mediated by mutual agreement or pursuant to Commission
				  order of referral, the mediator shall report the results of the mediation as
				  provided in
				  810:10-3-9.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 3 - Informal Dispute Resolution Processes › Section 810:10-3-12 - Mediator fees

Current through Vol. 41, No. 20, July 1, 2024
(a) A mediator
				certified by the Commission as provided in
				810:10-3-6
				shall be entitled to a fee that does not exceed One Hundred Dollars ($100.00)
				per hour, or portion thereof, formediation conferences, not to exceed a total
				fee of Eight Hundred Dollars ($800.00) for any mediation conference, even
				though the conference may recess and reconvene subsequently on one or more
				dates. The employer or insurance carrier shall pay the mediator Two Hundred
				Dollars ($200.00) on or before the initial mediation session. This payment
				shall be applied against the Eight Hundred Dollars ($800.00) owed for the
				mediation conference. If the mediation is concluded at the initial mediation
				session, the mediator shall bill the employer or insurance carrier the
				remaining balance of the total fee. If the mediation conference is recessed and
				reconvened by the mediator, the respondent shall pay the remaining balance to
				the mediator on or before the first reconvened date. The mediator shall
				disclose the mediator's fees to the parties when scheduling the initial
				mediation session. Mediators shall be entitled to reimbursement for mileage and
				necessary lodging expenses, limited to the provisions of the State Travel
				Reimbursement Act, 74 O.S. §§
									500.1, et.
				seq. These reimbursements shall be in addition to the fees set forth in this
				Subsection.
(b) Nothing in this
				Section shall prohibit a certifiedmediator from charging a flat fee for a
				mediation conference, subject to the limits specified in this
				Section.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 1 - COMMENCEMENT OF CLAIMS › Section 810:10-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes procedures and standards
					 governing the commencement of claims for disposition by the Oklahoma Workers'
					 Compensation Commission as provided in the AWCA.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 1 - COMMENCEMENT OF CLAIMS › Section 810:10-5-2 - Claim for compensation

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				  claim for compensation for benefits for an injury, including a cumulative
				  trauma injury and death, or occupational disease or illness, occurring on or
				  after February 1, 2014, shall be commenced by filing an executed notice form
				  with the Commission that includes the employer's Federal Employer
				  Identification Number and the worker's full name and date of birth, and the
				  last five digits of the worker's Social Security number. The following forms,
				  or electronic equivalents, shall be used as appropriate:
(1) CC-Form-3 claim for compensation for
				  benefits for a single event or cumulative trauma injury;
(2) CC-Form-3A claim for compensation for
				  death benefits; and
(3) CC-Form-3B
				  claim for compensation for occupational disease or illness benefits.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 1 - COMMENCEMENT OF CLAIMS › Section 810:10-5-3 - Claim against the Multiple Injury Trust Fund

Current through Vol. 41, No. 20, July 1, 2024
(a) A claim against the State Treasurer as
				  custodian of the Multiple Injury Trust Fund shall be commenced by filing an
				  executed CC-Form-3For electronic equivalent. The CC-Form-3F shall list each of
				  the claimant's prior adjudicated claims, the date of each injury, the file
				  number and the percentage of permanent partial disability awarded for each
				  injury. If the claimant claims a pre-existing obvious and apparent disability,
				  the disability shall be fully described on the CC-Form-3F, but no percentage of
				  impairment need be included. A CC-Form- 9 or electronic equivalent shall be
				  filed to request a hearing. Upon filing the CC-Form-9, the claimant or the
				  claimant's attorney, if any, shall mail a copy thereof to the Multiple Injury
				  Trust Fund.
(b) The CC-Form-3F
				  filed with the Commission shall be served on the State Treasurer and the
				  Multiple Injury Trust Fund and shall have a certificate of service setting
				  forth the manner of such service as required by
				  810:10-1-7.
(c) A notation on the CC-Form-3 or CC-Form-3B
				  that the claimant is a previously impaired person shall not be deemed to
				  commence a claim against the Multiple Injury Trust Fund. The CC-Form-3F must be
				  filed in the claim in which benefits are sought and shall use that same
				  Commission file number.
(d) All
				  requests by the Multiple Injury Trust Fund for the appointment of an
				  independent medical examiner shall be governed by 85A O.S. § 112 and
				  810:10-5-45.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 1 - COMMENCEMENT OF CLAIMS › Section 810:10-5-4 - Claim for death benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) Death claims must be filed by the
				  personal representative of the deceased employee's estate if probate
				  proceedings have begun. If no probate proceeding has been brought, a death
				  claim may be filed by the surviving spouse, or where there is no such spouse,
				  then by the next of kin of the deceased employee. If the latter is incompetent
				  or a minor, the guardian of such person shall be the proper
				  party-claimant.
(b) All persons who
				  have or may assert a claim for death benefits shall be named in the claim and
				  their addresses and relationship to the deceased shall be given.
(c) If there are any beneficiaries named in
				  the claim whose current whereabouts are not known, notice to such persons shall
				  be obtained by publication in the county in which the decedent last resided,
				  and the county of the last known address of any such beneficiary. Publication
				  shall be for one time per week for three (3) successive weeks.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 1 - COMMENCEMENT OF CLAIMS › Section 810:10-5-5 - Review of adverse benefit determination by qualified employers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 1 - COMMENCEMENT OF CLAIMS › Section 810:10-5-6 - Commission relief regarding agreements to arbitrate

Current through Vol. 41, No. 20, July 1, 2024
(a) An application for judicial relief
				  involving an arbitration matter under the Workers' Compensation Arbitration
				  Act, 85 A O.S. § 300, et seq., shall be made to the Commission by the
				  filing of a CC-Form-300 Request for Proceeding Regarding Arbitration
				  Agreement.
(b) The CC-Form-300
				  shall be served in the manner provided by law for the service of a summons in
				  the filing of a civil action and shall have a certificate of service setting
				  forth the manner of such service as required by
				  810:10-1-7.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 1 - COMMENCEMENT OF CLAIMS › Section 810:10-5-7 - Claim for discrimination or retaliation

Current through Vol. 41, No. 20, July 1, 2024
(a) A claim for discrimination or retaliation
				  as prescribed by 85A O.S. § 7, which stems from an injury that occurred on
				  and between February 1, 2014 and May 27, 2019, shall be commenced by filing an
				  executed Commission prescribed CC-Form-3C Claim for Discrimination or
				  Retaliation, or electronic equivalent, with the Commission.
(b) The CC-Form-3C filed with the Commission
				  shall be served on the employer and shall have a certificate of service setting
				  forth the manner of such service as required by
				  810:10-1-7.
				  The employer may respond to the CC-Form-3C by timely filing an executed
				  Commission prescribed CC-Form-10C Employer's Response to Claim for Workers'
				  Compensation Discrimination or Retaliation, or electronic equivalent, pursuant
				  to
				  810:10-5-15.
(c) A CC-Form-9 must be filed to request a
				  hearing. Upon filing the CC-Form-9, the claimant or the claimant's attorney, if
				  any, shall mail a copy thereof to the respondent.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 3 - SUBSEQUENT PLEADINGS › Section 810:10-5-15 - Response to initial pleading; notice of contested issues

Current through Vol. 41, No. 20, July 1, 2024
(a) An employer or its insurance carrier may
				  respond to any issue related to a claim and liability therefor, including a
				  claim for compensation, a claim for discrimination or retaliation, a claim for
				  payment of health care or rehabilitation expenses, or a claim against the
				  Multiple Injury Trust Fund for combined disabilities, by timely filing a
				  CC-Form-10 Answer and Notice of Contested Issues, CC-Form-10C, or an MFDR Form
				  10M, or electronic equivalents pursuant to
				  810:10-5-16
				  or
				  810:15-15-3,
				  as appropriate.
(b) A general
				  denial or failure to timely file a CC-Form-10, CC-Form-10C, or MFDR Form 10M or
				  electronic equivalents shall be taken as admitting all allegations in the claim
				  form except jurisdictional issues; and
(1)
				  the extent, if any, of the claimant's disability, for a CC-Form-3 or CC-Form-3B
				  claim; or
(2) the amount due, if
				  any, for a death claim.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 3 - SUBSEQUENT PLEADINGS › Section 810:10-5-17 - Joinder and consolidation of proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Joinder.
(1) A claimant who desires to add additional
				  employers and/or insurance carriers, shall promptly amend the claim for
				  compensation (CC-Form-3, CC-Form-3A, or CC-Form-3B or electronic equivalents)
				  and mail a copy of the amended claim form to all parties, including the
				  additional employers and/or insurance carriers named. Mailing shall constitute
				  service upon the additional parties.
(2) An employer or insurance carrier that
				  desires to add additional employers and/or insurance carriers shall file a
				  CC-Form-13 Request for Prehearing Conference on the issue, or electronic
				  equivalent, and mail a copy of the CC-Form-13 to all parties, including the
				  additional employers and insurance carriers named. The Commission shall notify
				  all parties of the date of the prehearing conference. At the prehearing
				  conference, the Commission shall hear argument, and based upon its discretion,
				  enter its order granting or denying the request.
(3) The additional employers and insurance
				  carriers shall comply with
				  810:10-5-15.
(4) The Commission, in its discretion, may
				  impose an appropriate sanction prescribed in 85A O.S. § 83(B) against a
				  party or the party's attorney who, without good cause shown, frivolously joins
				  another party.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 3 - SUBSEQUENT PLEADINGS › Section 810:10-5-18 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a) A request for a
				  continuance will not be granted as a matter of course. Any motion for a
				  continuance may be granted only by the assigned Administrative Law Judge for
				  good cause shown. All motions for continuance shall be signed by the party on
				  whose behalf the motion is made.
(b) No continuance of an appeal scheduled for
				  review by the Commission en banc is permitted before the date of an oral
				  argument authorized as provided in
				  810:10-5-66
				  without approval of the Commission Chair, or in the absence of the Commission
				  Chair, an available Commissioner. Continuances requested on the date of the
				  oral argument will be granted only upon a majority vote of the Commission en
				  banc.
(c) Continuances in appeals
				  to the Commission en banc are governed by
				  810:10-5-66.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 3 - SUBSEQUENT PLEADINGS › Section 810:10-5-19 - Pauper status

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				  party may proceed without payment of fees and costs required under the AWCA or
				  this Title upon a determination by the Commission or an Administrative Law
				  Judge of the individual's pauper status. Any party making application to
				  proceed as a pauper shall complete and file a CC-Form-99 with the Commission
				  and serve a copy thereof on all other parties in the proceeding. The CC-Form-99
				  shall be prescribed by the Commission.
(b) The CC-Form-99 shall be set for
				  prehearing conference before the assigned Administrative Law Judge before any
				  hearing on the merits, with notice to all other parties in the proceeding. If
				  filed at the time an appeal on an underlying issue is filed with the Commission
				  en banc, the CC-Form-99 shall be addressed by the assigned Administrative Law
				  Judge before the appeal is docketed for hearing.
(1) If the Administrative Law Judge denies
				  the request for pauper status, the applicant may appeal the denial order to the
				  Commission en banc within ten (10) days of its issuance as reflected by the
				  file-stamped date on the order. The appeal to the Commission en banc shall be
				  set on a priority basis. Payment of the cost of the appeal, including
				  transcript costs and the filing fee, will be deferred pending resolution of the
				  appeal.
(2) If the Commission en
				  banc affirms the denial of pauper status, the applicant must either pay all of
				  the deferred costs of the appeal or seek review of the Commission en banc's
				  order by appealing it to the Supreme Court within twenty (20) days of when the
				  Commission en banc's order was sent. Failure to do either shall result in
				  dismissal of the underlying appeal to the Commission en banc upon motion of the
				  opposing party. Only one appeal fee is due because the pauper status appeal is
				  part of the original, underlying appeal.
(3) If pauper status is found by the
				  Commission en banc, the deferred costs and fees shall be borne by the
				  Commission, and the underlying appeal will be docketed for hearing.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 5 - PREHEARING PROCEEDINGS › Section 810:10-5-30 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				  party shall have the right to request a prehearing conference before the
				  Commission on any issue by filing a CC-Form-13 Request for Prehearing
				  Conference or electronic equivalent. The requesting party must certify on the
				  request that the parties have conferred or attempted to confer in good faith,
				  but have reached an impasse and are unable to resolve the issue.
(b) Except as otherwise provided in
				  810:10-3-5,
				  the purpose of the prehearing conference is to permit an informal hearing
				  between the parties and the Administrative Law Judge in an effort to resolve
				  the case or issues in the case before an administrative hearing, and to discuss
				  the facts, identify the legal issues, present discovery requests, make all
				  appropriate stipulations, and discuss such other matters as may facilitate
				  consideration of the case.
(c) The
				  Administrative Law Judge shall set the matter for prehearing conference on the
				  Administrative Law Judge's docket or a Benefit Review Officer's docket, as
				  appropriate, at the earliest available time after the filing of the CC-Form-13.
				  Notice of the date, time and place of the prehearing conference shall be
				  provided by the Commission to all parties or their attorneys of record.
(d) Nothing in this Section shall
				  limit a party's right to request a conference with the assigned Administrative
				  Law Judge at the time of the administrative hearing.
(e) The Commission, in its discretion, may
				  order the appearance of any party or attorney at any prehearing conference or
				  conference requested with the Administrative Law Judge at the time of the
				  administrative hearing. Nothing in this Section shall limit the authority of an
				  Administrative Law Judge to order a prehearing conference or conference at the
				  time of the administrative hearing.
(f) The Commission may, in its discretion,
				  impose an appropriate sanction prescribed in 85A O.S. § 83(B) against an
				  offending party for failure to appear at a conference, appearance at a
				  conference substantially unprepared, failure to participate in the conference
				  in good faith, or for seeking the conference in an effort to delay, harass or
				  increase costs.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 7 - INITIAL AND SUBSEQUENT PROCEEDINGS › Section 810:10-5-45 - Submission to medical examination; appointment of medical or vocational expert; travel expenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submission to medical examination.
Upon reasonable advance notice
				  from the employer or insurance carrier, the employee must submit to a medical
				  examination by a physician selected by the employer or insurance carrier. If
				  the claimant refuses to submit to the examination, the employer or insurance
				  carrier may file a CC-Form-13 requesting the claimant's compensation and right
				  to prosecute any proceeding under the AWCA be suspended during the period of
				  refusal as provided in 85A O.S. § 50(E). The claimant must show cause at
				  the hearing why the request of the employer or insurance carrier should not be
				  granted. If the claimant's failure to appear for the scheduled examination was
				  without good cause, the Commission shall order the claimant to reimburse the
				  respondent for payment of the physician's charge for the missed examination,
				  but not in excess of Two Hundred Dollars ($200.00).
(b)
Appointment of medical or
				  vocational expert.
Appointment of an independent medical examiner is
				  governed by
				  810:15-9-4.
				  Appointment of a medical case manager is governed by
				  810:15-11-4.
				  Appointment of a vocational rehabilitation provider is governed by
				  810:20-1-4.
(c)
Travel expenses.
Within
				  sixty (60) days from receipt of a request for reimbursement, the employer or
				  insurance carrier shall reimburse the employee for the actual mileage in excess
				  of twenty (20) miles round-trip to and from the claimant's home to the location
				  of a medical service provider for all reasonable and necessary medical
				  treatment, for vocational rehabilitation or retraining, for an evaluation by an
				  independent medical examiner and for any evaluation, including an evaluation
				  for vocational rehabilitation or vocational retraining, made at the
				  respondent's request, but in no event in excess of six hundred (600) miles
				  round-trip. Mileage and necessary lodging expenses are limited to the
				  provisions of the State Travel Reimbursement Act, 74 O.S. §§
										500.1, et.
				  seq. Meals will be reimbursed at the rate of Fifteen Dollars ($15.00) per meal
				  per four hours of travel status, not to exceed three meals per day.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 7 - INITIAL AND SUBSEQUENT PROCEEDINGS › Section 810:10-5-47 - Attorney fee disputes

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Under 85A O.S. § 82, in a controverted claim under the AWCA when the
				  employer or insurance carrier has contested liability in whole or in part, the
				  attorney for the employee or a dependent in whose favor the proceeding has been
				  finally decided, is entitled to an award of attorney fees, subject to
				  limitations in the AWCA.
(b) When a
				  dispute arises among several attorneys as to the identity of claimant's
				  attorney of record, or when several successive attorneys lay claim to a fee in
				  the same case, the Administrative Law Judge shall decide the issues raised and
				  allocate the fee allowed in proportion to the services rendered.
(c) Nothing in this Section precludes
				  resolution of an attorney fee dispute by mediation or agreement of the parties,
				  as appropriate.
Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 7 - INITIAL AND SUBSEQUENT PROCEEDINGS › Section 810:10-5-48 - Sessions, hearings and venue, generally

Current through Vol. 41, No. 20, July 1, 2024
(a)
Open to the public.
Hearings
				  of the Commission or any Administrative Law Judge on matters filed with the
				  Commission for disposition will be open to the public. As allowed in 85A O.S.
				  § 19(D), the Commission or any Commissioner may hold hearings in any city
				  of this state. Consistent with 85A O.S. § 71(B)(4), hearings before an
				  Administrative Law Judge shall be held at the Commission's main offices in
				  Oklahoma City, Oklahoma, or at a designated location in Tulsa, Oklahoma, as
				  determined by the Commission.
(b)
Time.
All hearings shall commence at the time designated in the
				  notice of hearing or by order of the Commission.
(c)
Conduct before the
				  Commission.
Conduct of attorneys before the Commission shall be governed
				  by applicable rules of the Supreme Court of Oklahoma. All parties, witnesses,
				  and observers will at all times maintain decorum, and will conduct themselves
				  in such manner as to reflect respect for the authority and dignity of the
				  Commission and its Administrative Law Judges. Upon violation of this provision,
				  any person or party attending any proceeding before the Commission may be
				  subject to sanctions for contempt as provided in 85A O.S. §
				  73(B).
(d)
Record of
				  hearing.
Hearings before the Commission or an Administrative Law Judge
				  shall be stenographically recorded by a Commission reporter. The Commission may
				  contract for court reporter services. A transcript of proceedings will be made
				  by a court reporter at the request and expense of the person ordering it, or at
				  the request of the Commission, in which case, a copy will be made for any
				  person requesting it, at that person's expense.