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 810:10-5-16 - Request for administrative hearing and pretrial stipulations

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party may
				  request an administrative hearing before the Commission on any issue by filing
				  a CC-Form-9 Request for Hearing or electronic equivalent. As provided in 85A
				  O.S. § 71(B)(2), the request for hearing shall clearly set forth the
				  specific issues of fact or law in controversy and the contentions of the party
				  applying for the hearing.
(b) When
				  a CC-Form-9 or electronic equivalent is filed on the issues of permanent
				  partial disability or permanent total disability, the claimant shall deliver a
				  medical report to the opposing party. The name of the physician and the date of
				  the report shall be noted on the CC-Form-9. No CC-Form-9 may be filed less than
				  ten (10) days from the date the claimant has filed a claim for compensation as
				  provided in
				  810:10-5-2
				  or
				  810:10-5-3.
(c) Objections to termination of temporary
				  compensation made pursuant to 85A O.S. § 45(A)(2), and requests for
				  temporary compensation or medical treatment, shall be set by the Commission on
				  the assigned Administrative Law Judge's prehearing conference docket for
				  expedited hearing, prior to being docketed for an administrative hearing,
				  unless otherwise directed by the assigned judge. At the time of the prehearing
				  conference, all parties, to the best of their ability, shall advise the
				  Commission and all parties of the number of witnesses expected to be called at
				  the administrative hearing.
(d) The
				  procedure to request an administrative hearing for the termination of temporary
				  compensation is governed by
				  810:10-1-6.
(e) In all cases, the employer or insurance
				  carrier shall file a CC-Form-10 Answer and Notice of Contested Issues,
				  CC-Form-10C, or MFDR Form 10M or electronic equivalents no later than thirty
				  (30) days after the filing of the CC-Form-9. The CC-Form-10, CC-Form-10C, or
				  MFDR Form 10M may be amended at any time, not later than twenty (20) days
				  before the date of the administrative hearing.
(f) The CC-Form-9, CC-Form-10, CC-Form-10C,
				  and MFDR Form 10M, shall list the names of all witnesses, including any expert
				  witnesses, which the party intends to call at the time of the administrative
				  hearing. Absent waiver by the opposing party, failure without good cause to
				  comply with this Subsection may, in the discretion of the hearing officer or
				  the Commission, result in a witness not listed being prohibited from
				  testifying, or in the exclusion of the evidence if submitted at the
				  administrative hearing.
(g) Except
				  as otherwise provided in Subsection (h) of this Section, no later than twenty
				  (20) days before the date of the administrative hearing, all parties shall
				  exchange all documentary evidence, exhibits and a complete list of witnesses
				  with all opposing parties.
(h) As
				  provided in 85A O.S. § 72(C), any party proposing to introduce a medical
				  report or testimony of a physician at the hearing on a controverted claim,
				  shall furnish a copy of the written report of the physician's findings and
				  opinions to the opposing party and to the Commission no later than seven (7)
				  days before the date of the hearing. If no written report is available to a
				  party, that party shall notify the opposing party and the Commission in writing
				  of the name and address of the physician proposed to be used as a witness and
				  the substance of the physician's testimony no later than seven (7) days before
				  the date of the administrative hearing. Cross-examination of the physician is
				  governed by 85A O.S. § 72(C)(2)(b).
(i) The time periods specified in Subsections
				  (g) and (h) of this Section may be waived by agreement of the
				  parties.
(j) Absent waiver by the
				  opposing party, failure without good cause to comply with Subsections (g) or
				  (h) of this Section, may, in the discretion of the hearing officer or the
				  Commission, result in exclusion of the evidence if submitted at the
				  administrative hearing.