On The Job Injuries

Construction Site Accidents

TULSA WORKERS’ COMPENSATION CONSTRUCTION INJURY SETTLMENTS

OKLAHOMA WORKERS’ COMPENSATION CONSTRUCTION SITE SETTLEMENTS

JURISDICTION OF THE OKLAHOMA WORKERS’ COMPENSATION COURT. Oklahoma City and Tulsa workers seriously injured in construction site accidents have as their primary remedy benefits and a settlement from the Oklahoma Workers’ Compensation Court. Tulsa and Oklahoma City Workers’ Compensation Court rules provide that every employer subject to the provisions of the Oklahoma Workers’ Compensation Law must pay or provide benefits according to the provisions of Oklahoma Workers Compensation Law for the accidental injury or death of any employee arising out of and in the course of his or her employment and work on the construction site, without regard to fault for such injury, if the employee’s contract of employment was made or if the injury occurred within the state of Oklahoma*.

*NOTE: If an injured worker makes claim for an injury in a state other than Oklahoma and a final adjudication is entered in the case, the hurt employee and his or her attorney or lawyer are precluded from his or her right of action under the Oklahoma Workmans’ Compensation law. In contrast–If the injured employee &/or his or her lawyer or attorney bring a workmens’ compensation case in Oklahoma prior to a final adjudication in a state other than Oklahoma, any receipt of benefits in the other state will not preclude the action in Oklahoma; provided, however, in no event shall the Oklahoma City or Tulsa Workers’ Compensation Court award benefits that duplicate those paid by the employer or insurance company in the other states.

THE “EXCLUSIVE REMEDY” OF THE OKLAHOMA WORKERS’ COMP LAW

Oklahoma laws provide that the liability and benefits (both monetary and medical) prescribed in the Oklahoma Workmen’s Comp law is to be exclusive and in place of all other liability of the injured worker’s employer for construction site accidents, and any of his or her employees, at common law or otherwise, for such injury, loss of services, or death, to the employee, or the spouse, personal representative, parents, or dependents of the employee, or any other person, attorney or lawyer, except in the case of an intentional tort*, or where the employer has failed to secure the payment of compensation for the injured employee.

SETTLEMENT FOR INTENTIONAL INJURY(ies) ON CONSTRUCTION SITES

An injured worker &/or his or her lawyer or attorney are not limited to the statutory benefits provided by the Oklahoma Workers’ Compensation Law for bodily harm received as a result of construction site accident caused by an intentional act or omission commited by the injured worker’s employer &/or one of his or her coworkers. However–this exception to the ‘exclusive remedy’ concept embodied in the Oklahoma and Tulsa Workers’ Compensation Law is very narrow and limited to exceptional circumstances inthat an intentional tort–according to Oklahoma Workers Comp law–will only exist when the employee is injured as a result of willful, deliberate, specific intent of the employer or one of his or her coworkers to cause specific injury to the employee. In fact, simple allegations or proof that the employer had knowledge that such injury was substantially certain to result from the employer’s conduct will not constitute an intentional tort. Finally–The issue of whether an act is an intentional tort is always to be a question of law for the Court.

OKLA SETTLEMENTS AGAINST CONSTRUCTION SITE UNINSURED EMPLOYERS

If an Oklahoma employer has failed to secure insurance for the payment of workers’ compensation benefits &/or a settlement for his or her injured employees all as required and provided for in the Oklahoma Workers’ Compensation Court rules, an injured worker, or his or her attorney or lawyer, may bring and maintain a personal injury case in the Oklahoma Federal or State District Courts for damages or a settlement on account of such construction site injury, and in such action the defendant may not plead or prove as a defense that the injury was caused by the negligence of a co-employee, or that the injured worker assumed the risk of his or her employment, or that the injury was due to the contributory negligence of the hurt employee.

NOTE: If an Oklahoma employer on a construction site has failed to obtain workers’ compensation insurance coverage to secure the payment of workers compensation benefits or a settlement under the Oklahoma Workers’ Compensation Law or in the case of an intentional tort as described above–the injured worker &/or his or her lawyer can maintain an action either in the Oklahoma City or Tulsa Workers’ Compensation Court or in the Oklahoma State or Federal District Courts, BUT NOT BOTH.

THIRD-PARTY ACTIONS AGAINST THOSE OTHER THAN DIRECT EMPLOYER

The immunity created by the provisions of this section shall not extend to action against another employer, or its employees, on the same job as the injured or deceased worker where such other employer does not stand in the position of an intermediate or principal employer to the immediate employer of the injured or deceased worker.

NOTE: For the purposes of determining who is entitled to the protection of the ‘exclusive remedy’ provisions of the Oklahoma City or Tulsa Workers’ Compensation Court–any architect, professional engineer, or land surveyor will be deemed an intermediate or principal employer for services performed at or on the site of a construction project, but this immunity shall not extend to the negligent preparation of design plans and specifications.

NOTE: For the purposes of determining who is entitled to the protection of the ‘exclusive remedy’ provisions of the Oklahoma City or Tulsa Workers’ Compensation Court–any operator or owner of an oil or gas well or other operation for exploring for, drilling for, or producing oil or gas shall be deemed to be an intermediate or principal employer for services performed at a drill site or location with respect to injured or deceased workers whose immediate employer was hired by such operator or owner at the time of such injury.

CONSTRUCTION SITE ACCIDENTS COVERED BY WORKERS’ COMPENSATION LAW

The Tulsa and Oklahoma City Workers’ Compensation Court has determined that a “compensable injury” under the Oklahoma Work Comp law is any injury or occupational illness, causing internal or external harm to the injured employee’s body, which arises out of and in the course of the worker’s employment, if such employment was the major cause* of the specific injury or illness. Additionally, any injury, other than cumulative trauma, is compensable under the Oklahoma Workers’ Comp law only if it is caused by a specific incident and is identifiable by time, place and occurrence. The Oklahoma City and Tulsa Workers’ Compensation Court rules further provide that a compensable injury in Oklahoma must be established by objective medical evidence. Finally–The injured employee &/or his or her attorney has the burden of proof to establish by a preponderance of the evidence that such unexpected or unforeseen injury was in fact caused by the injured worker’s employment. Certainly there is no presumption from the mere occurrence of an unexpected or unforeseen injury that such injury was in fact caused by the workers’ employment. The following injuries will not be accepted as compensable under the Oklahoma workers’ compensation law:

The ordinary, gradual deterioration or progressive degeneration caused by the aging process, unless the employment is a major cause of the deterioration or degeneration and is supported by objective medical evidence;
Any injury resulting directly or indirectly from idiopathic causes;
Any contagious or infectious disease unless it arises out of and occurs in the scope and course of the injured worker’s employment;
Any mental injury occuring to the worker that does not arise directly as a result of a compensable physical injury, except in the case of rape or other crime of violence which arises out of and in the course of employment.

*NOTE: The Tulsa and Oklahoma City Workers’ Compensation Court has determined that when required ”major cause” means more than fifty percent (50%) of the resulting injury, disease or illness to the injured employee.

xxxxxxx

35. “Permanent partial impairment” means any anatomical abnormality or loss of use after maximum medical improvement has been achieved which can be evaluated by a physician. Any examining physician shall only evaluate impairment in accordance with the method prescribed in Section 33 of this act. All evaluations of permanent impairment must be supported by objective medical evidence;

36. “Permanent total disability” means incapacity, because of accidental injury or occupational disease, to earn wages in any employment for which the employee may become physically suited and reasonably fitted by education, training or experience, including vocational rehabilitation. Loss of both hands, or both feet, or both legs, or both eyes, or any two thereof, shall constitute permanent total disability;

40. “Scheduled member” or “member” means hands, fingers, arms, legs, feet, toes, and eyes. In addition, for purposes of the Multiple Injury Trust Fund only, “scheduled member” means hearing impairment;

45. “Surgery” does not include an injection, or the forcing of fluids beneath the skin, for treatment or diagnosis;

46. “Surviving spouse” means the employee’s spouse by reason of a legal marriage recognized by any state or nation or by common law, under the requirements of a common law marriage in this state, as determined by the Workers’ Compensation Court;

47. “Temporary partial disability” describes the status of an injured worker who is under active medical care that is expected to improve his or her condition and who is unable to perform some of the normal activities of his or her work or is limited to a portion of his or her normal hours of employment;

LIABILITY OF GENERAL CONTRACTOR FOR SUBCONTRACTOR EMPLOYEE INJURIES

Oklahoma City and Tulsa Workers’ Compensation Court rules provide that the responsibility of any person, firm, employer, general contractor, subcontractor, intermediate contractor or corporation for benefits and a cash settlement under the Oklahoma Workers’ Compensation Law for injury or death to a worker on a common or joint construction site or project, when other than the immediate employer of the injured employee, is as follows:

In order for another employer on the same construction job site as the injured or deceased worker to qualify as an intermediate or principal employer, the work performed by the immediate employer must be directly associated with the day to day activity carried on by such other employer’s trade, industry, or business, or it must be the type of work that would customarily be done in such other employer’s trade, industry, or business.
The independent contractor is, at all times, liable for compensation due to his or her direct employees, or the employees of any subcontractor of such independent contractor, and the principal employer is also liable for compensation due all direct employees, employees of the independent contractors, subcontractors, or other employees engaged in the general employer’s business. NOTE: If an independent contractor relies in good faith on proof of a valid workers’ compensation insurance policy issued to a subcontractor of the independent contractor or on proof of an Affidavit of Exempt Status under the Oklahoma Workers’ Compensation Law then the independent contractor WILL NOT be liable for injuries of any employees of the subcontractor.
ssssssssssssssss

3. The person entitled to such compensation shall have the right to recover the same directly from the person’s immediate employer, the independent contractor or intermediate contractor, and such claims may be presented against all such persons in one proceeding. If it appears in such proceeding that the principal employer has failed to require a compliance with the Workers’ Compensation Code of this state by the independent contractor, then such employee may proceed against such principal employer without regard to liability of any independent, intermediate or other contractor; provided, however, if a principal employer relies in good faith on proof of a valid workers’ compensation insurance policy issued to an independent contractor of the employer or to a subcontractor of the independent contractor or on proof of an Affidavit of Exempt Status under the Workers’ Compensation Code properly executed by the independent contractor or subcontractor under Section 924.4 of Title 36 of the Oklahoma Statutes, then the principal employer shall not be liable for injuries of any employees of the independent contractor or subcontractor. Provided further, such principal employer shall not be liable for injuries of any independent contractor of the employer or of any subcontractor of the independent contractor unless an employer-employee relationship is found to exist by the Workers’ Compensation Court despite the execution of an Affidavit of Exempt Status under the Workers’ Compensation Code. Provided, however, in any proceeding where compensation is awarded against the principal employer under the provisions hereof, such award shall not preclude the principal employer from recovering the same, and all expense in connection with the proceeding from any independent contractor, intermediate contractor or subcontractor whose duty it was to provide security for the payment of such compensation, and such recovery may be had by supplemental proceedings in the cause before the Court or by an independent action in any court of competent jurisdiction to enforce liability of contracts.

4. Where work is performed by an independent contractor on a single family residential dwelling or its premises occupied by the owner, or for a farmer whose cash payroll for wages, excluding supplies, materials and equipment, for the preceding calendar year did not exceed One Hundred Thousand Dollars ($100,000.00), such owner or farmer shall not be liable for compensation under the Workers’ Compensation Code for injuries to the independent contractor or his or her employees.

44. “Subcontractor” means a person, firm, corporation or other legal entity hired by the general or prime contractor to perform a specific task for the completion of a work-related activity;

Where benefits are payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier; provided, however, that in the case of silicosis, asbestosis or asbestosis related disease, the only employer and insurance carrier liable shall be the last employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide dust on each of at least sixty (60) days or more, and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer.

Where benefits are payable for an injury resulting from cumulative trauma, the last employer in whose employment the employee was last injuriously exposed to the trauma for a period of at least ninety (90) days of such injurious exposure, and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer, shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier. If there is no employer in whose employment the employee was injuriously exposed to the trauma for a period of at least ninety (90) days, then the last employer in whose employment the employee was last injuriously exposed to the trauma and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall be liable therefor, with right to contribution from any prior employer or insurance carrier. Unless an employee gives oral or written notice to the employer within thirty (30) days of the date an injury occurs, or the employee receives medical attention from a licensed physician during the thirty-day period from the date a single event injury occurred, the rebuttable presumption shall be that the injury was not work-related. Such presumption must be overcome by a preponderance of the evidence.

B. Unless an employee gives oral or written notice to the employer within ninety (90) days of the employee’s separation of employment, there shall be a rebuttable presumption that an occupational disease or cumulative trauma injury did not arise out of and in the course of employment. Such presumption must be overcome by a preponderance of the evidence.

A. If an employee entitled to compensation under the Workers’ Compensation Code is injured or killed by the negligence or wrong of another not in the same employ, such injured employee, surviving spouse or surviving dependent shall, before any suit or claim under the Workers’ Compensation Code, elect whether to take compensation under the Workers’ Compensation Code, or to pursue the employee’s remedy against such other. Such election shall be evidenced in such manner as the Administrator may by rule or regulation prescribe. If the employee, surviving spouse or surviving dependent elects to take compensation under the Workers’ Compensation Code, the cause of action against such other shall be assigned to the insurance carrier liable for the payment of such compensation, and if the employee, surviving spouse or surviving dependent elects to proceed against such other person or insurance carrier, as the case may be, the employer’s insurance carrier shall contribute only the deficiency, if any, between the amount of the recovery against such other person actually collected, and the compensation provided or estimated by the Workers’ Compensation Code for such case. The compromise of any such cause of action by the employee, surviving spouse or surviving dependent at any amount less than the compensation provided for by the Workers’ Compensation Code shall be made only with the written approval of the Court. Whenever recovery against such other person is effected without compromise settlement by the employee, surviving spouse or surviving dependent or his or her representatives, the employer or insurance company having paid compensation under the Workers’ Compensation Code shall be entitled to reimbursement as hereinafter set forth and shall pay from its share of the reimbursement a proportionate share of the expenses, including attorney fees, incurred in effecting the recovery to be determined by the ratio that the amount of compensation paid by the employer bears to the amount of the recovery effected by the employee, surviving spouse or surviving dependent. After the expenses and attorney fees have been paid, the balance of the recovery shall be apportioned between the employer or insurance company having paid the compensation and the employee or the employee’s representatives in the same ratio that the amount of compensation paid by the employer bears to the total amount recovered; provided, however, the balance of the recovery may be divided between the employer or insurance company having paid compensation and the employee or the employee’s representatives as they may agree. In the event that recovery is effected by compromise settlement, the expenses, attorney fees and the balance of the recovery may be divided between the employer or insurance company having paid compensation and the employee, surviving spouse or surviving dependent or the employee’s representatives as they may agree. Provided, that in the event they are unable to agree, then the same shall be apportioned by the district court having jurisdiction of the employee’s action against such other person in such manner as is just and reasonable.

B. The employer or employer’s insurance carrier shall have the right of subrogation to recover money paid by the employer or employer’s insurance carrier for death claims or death benefits under the Workers’ Compensation Code from third persons, with all common law rights against other than the employer and his or her employees preserved and to be in those persons who would have had such rights had there been no death claim or death benefits under the Workers’ Compensation Code.

C. The employer or employer’s insurance carrier shall have the right of subrogation to recover money paid by the employer or employer’s insurance carrier for the expenses of the last illness or accident under the Workers’ Compensation Code from third persons, with all common law rights against other than the employer and his or her employees preserved and to be in those persons who would have had such rights had there been no benefits under the Workers’ Compensation Code.

D. In the event of a third party recovery by an injured employee or surviving spouse or surviving dependent, the employer or insurance carrier shall be granted a credit against future benefits under this act in an amount equal to the net recovery of the employee, surviving spouse or surviving dependent.

A. Within seven (7) days of actual knowledge of an injury, the employer shall provide the employee reasonable and necessary medical care with a physician of the employer’s choice. The providing of medical care shall not be construed as an admission of compensability of an injury or illness. The physician selected by the employer shall become the treating physician.

B. If the employer fails or neglects to provide medical treatment within seven (7) days after actual knowledge is received of an injury, the injured employee may select a physician to provide medical treatment at the expense of the employer; provided, however, that the injured employee, or another in the employee’s behalf, may obtain emergency treatment at the expense of the employer where such emergency treatment is not provided by the employer.

C. If a self-insured employer, group self-insurance association plan, an employer’s workers’ compensation insurance carrier or an insured has previously contracted with a certified workplace medical plan, the employer shall select for the injured employee a treating physician from the physicians listed within the network of the certified workplace medical plan. The claimant may apply for a change of physician by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health. If the dispute resolution process has been exhausted, the Workers’ Compensation Court may appoint an independent medical examiner to determine the nature of medical treatment needed by the injured worker.

D. The term “physician” as used in this section shall mean any person licensed in this state as a medical doctor, chiropractor, podiatrist, dentist, osteopathic physician or optometrist. The Court may accept testimony from a psychologist if the testimony is requested by the Court.

E. Where the employee is not covered by a certified workplace medical plan, the employer shall select the treating physician as provided in subsection A of this section. The Court on application of the employee shall order one change of treating physician for any affected body part. If the employer objects, the Court shall set the request for change of treating physician for hearing within ten (10) days. Provided, that no change of treating physician can be authorized for a part of the body if no authorized medical care has been provided for that part of the body for one hundred eighty (180) days prior to the date of the filing of the application for change of treating physician. Provided further, regardless of the number of parts of the body injured, a maximum of two (2) changes of physician may be allowed in a claim. In the event the employee makes application for such a change, the employee shall list on such application three (3) proposed physicians who are qualified to treat the body part affected. The employer may agree to one of the physicians listed by the employee or submit its own list of three (3) physicians. If the employer and employee do not agree on the physician, the Court may select a physician who is qualified to treat the body part affected and who can see the employee within a reasonable time, with preference given to physicians who are qualified independent medical examiners.

F. Diagnostic tests shall not be repeated sooner than six (6) months from the date of the test unless agreed to by the parties or ordered by the Court.

G. Effective March 1, 2012, the scope and duration of medical treatment shall be provided in accordance with the current edition of the “Official Disability Guidelines”, as published by the Work Loss Data Institute. For medical treatment not addressed by the Official Disability Guidelines or addressed but not recommended in the ODG section in regard to injuries to the cervical, thoracic, or lumbar spine, the Physician Advisory Committee shall adopt the Oklahoma Treatment Guidelines as provided in Section 73 of this act. Medical treatment provided by or at the direction of the treating physician in accordance with the current edition of the Official Disability Guidelines or Oklahoma Treatment Guidelines is presumed to be reasonable and necessary medical care. The employer or insurance carrier shall not be responsible for charges for medical treatment not provided in accordance with the current edition of the Official Disability Guidelines or Oklahoma Treatment Guidelines unless the medical treatment was provided in a medical emergency, the medical treatment was preauthorized by the employer or insurance carrier, or the medical treatment is approved by the Court upon a finding based on clear and convincing evidence provided by a qualified independent medical examiner that medical treatment provided according to either ODG or OTG is not in the best interest of the employee.

H. Unless recommended by the treating doctor at the time claimant reaches maximum medical improvement or by an independent medical examiner, continuing medical maintenance shall not be awarded by the Court. At the request of any party, the judge shall appoint an independent medical examiner to determine the nature and extent of continuing medical maintenance. The issue of continuing medical maintenance may be reviewed by the Court at any time. The employer or insurance carrier shall not be responsible for continuing medical maintenance or pain management treatment that is outside the parameters established by the Physician Advisory Committee. The employer or insurance carrier shall not be responsible for continuing medical maintenance or pain management treatment not previously ordered by the Court or approved in advance by the employer or insurance carrier.

I. An employee claiming or entitled to benefits under the Workers’ Compensation Code, shall, if ordered by the Court or requested by the employer or insurance carrier, submit himself or herself for medical examination. If an employee refuses to submit himself or herself to examination, his or her right to prosecute any proceeding under the Workers’ Compensation Code shall be suspended, and no compensation shall be payable for the period of such refusal.

J. For compensable injuries resulting in the use of a medical device, ongoing service for the medical device would be provided in situations including, but not limited to, medical device battery replacement, ongoing medication refills related to the medical device, medical device repair or medical device replacement.

K. The employer shall reimburse the employee for the actual mileage in excess of twenty (20) miles round-trip to and from the employee’s home to the location of a medical service provider for all reasonable and necessary treatment, for an evaluation of an independent medical examiner and for any evaluation made at the request of the employer or insurance carrier. The rate of reimbursement for such travel expense shall be the official reimbursement rate as established by the State Travel Reimbursement Act. In no event shall the reimbursement of travel for medical treatment or evaluation exceed six hundred (600) miles round trip. If a self-insured employer, group self-insurance association plan, an employer’s workers’ compensation insurance carrier or an insured, which shall include any member of an approved group self-insured association, policyholder or public entity, has contracted with a workplace medical plan that is certified by the State Commissioner of Health as provided in this act, the employer shall select for the injured employee a treating physician from the physicians listed within the network of the certified workplace medical plan. The claimant may apply to the certified workplace medical plan for a one-time change of physician to another appropriate physician within the network of the certified workplace medical plan by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health. Notwithstanding any other provision of law, those employees who are subject to such certified workplace medical plan shall receive medical treatment in the manner prescribed by the plan.

B. The provisions of this section shall not preclude an employee, who has exhausted the dispute resolution process of the certified workplace medical plan, from petitioning the Workers’ Compensation Court for a change of treating physician within the certified workplace medical plan or, if a physician who is qualified to treat the employee’s injuries is not available within the plan, for a change of physician outside the plan, if the physician agrees to comply with all the rules, terms and conditions of the certified workplace medical plan; or an employee from seeking emergency medical treatment.. In cases of temporary total disability, the injured employee shall be paid seventy percent (70%) of his or her average weekly wages, but not in excess of the state’s average weekly wage, during continuance thereof; provided, there shall be no payment for the first seven (7) days of the initial period of temporary total disability unless the Workers’ Compensation Court declares the employee to be temporarily totally disabled for more than twenty one (21) days. In that event, compensation shall be due from the first day of the period of temporary total disability. Total payments of compensation for temporary total disability shall not exceed one hundred fifty-six (156) weeks, except if the Court makes a finding of a consequential injury. In that event, the Court may order an additional period of temporary total disability not to exceed fifty-two (52) weeks. Any party may request overpayment or underpayment of temporary total disability compensation.

B. When the injured employee is released from active medical treatment by the treating physician for all body parts found by the Court to be injured, or in the event that the employee, without a valid excuse, misses three consecutive medical treatment appointments, fails to comply with medical orders of the treating physician, or otherwise abandons medical care, the employer shall be entitled to terminate temporary total disability by notifying the employee, or if represented, his or her counsel. If there is no objection within ten (10) days, temporary total disability compensation shall be terminated. If, however, an objection to the termination is filed by the employee within ten (10) days, the Court shall set the matter within twenty (20) days for a determination if temporary total disability compensation shall continue or be terminated. The Court shall terminate temporary total disability unless the employee proves the existence of a valid excuse for his or her failure to comply with medical orders of the treating physician or his or her abandonment of medical care. The Court may appoint an independent medical examiner to determine if further medical treatment is reasonable and necessary. The independent medical examiner shall not provide treatment to the injured worker, unless agreed upon by the parties. The employer shall bear the cost of the independent medical examination.

C. There shall be a rebuttable presumption in favor of the treating physician’s opinions on the issue of temporary disability and need for medical treatment. This presumption shall continue unless rebutted by clear and convincing evidence to the contrary of a qualified independent medical examiner.

D. The state and all its institutions of higher education, departments, instrumentalities, institutions and public trusts of which they are beneficiaries shall first provide temporary total disability benefits to employees injured on the job under their policy of workers’ compensation insurance. At the option of the employee, temporary total disability benefits shall then be supplemented by any sick or annual leave available to the injured employee to the extent that the injured employee shall receive full wages during the employee’s temporary absence from work; provided, the provisions of this subsection shall not preclude an employee from receiving any benefits to which the employee is entitled under the State Employees Disability Program Act, Section 1331 et seq. of Title 74 of the Oklahoma Statutes.

E. If the employer has actual notice of the injury and the injury is not disputed and weekly temporary total disability benefit payments are not commenced within ten (10) days or if any subsequent installment of temporary total disability benefits is not made within ten (10) days after it becomes due, the insurer of the employer shall pay to the employee a penalty of fifteen percent (15%) of the unpaid or delayed weekly benefits.

F. The physician who renders treatment to the employee shall notify the employee and employer or the employer’s insurer in writing within seven (7) days after the employee has reached maximum medical improvement and is released from active medical care.

G. If the employee is capable of returning to modified light duty work, the physician shall within seven (7) days notify the employee and the employer or the employer’s insurer thereof in writing. In the event that the treating physician releases a claimant for light-duty work and provides written restrictions from normal work duties, and the employer makes a good-faith offer in writing to provide a light-duty position at the same rate of pay that the claimant was receiving at the time of the injury, and the claimant refuses to accept the light-duty assignment, the claimant is not entitled to temporary total disability; provided, before compensation may be denied, the employee shall be served with a notice setting forth the consequences of the refusal of employment and that temporary benefits will be discontinued fifteen (15) days after the date of the notice. The employee, upon receipt of the notice, may seek a hearing before the Court. The Court shall grant an expedited hearing within five (5) days of any application by the employee. At the hearing, the Court may enter an order allowing the discontinuation of the benefits, denying the discontinuance of the benefits or temporarily denying the discontinuance of the benefits pending further hearing. An order denying or temporarily denying the discontinuation of temporary benefits shall be based on a finding by the Court that probable cause exists to believe the work does not meet the conditions of the treating physician’s restrictions or that the restrictions are unreasonable.

H. Any person receiving temporary disability benefits from an employer or the employer’s insurance carrier shall within seven (7) days report in writing to the employer or insurance carrier any change in a material fact or the amount of income he or she is receiving or any change in his or her employment status, occurring during the period of receipt of the benefits.

I. An employee convicted of a misdemeanor or felony in this state or any other jurisdiction shall not be entitled to temporary total disability benefits during any period of incarceration. Upon confirmation of the employee’s incarceration, temporary total disability may be terminated by the employer or insurance carrier without an order of the Court. The provisions of this subsection shall not apply to any benefits awarded to an inmate for compensable injuries sustained by the inmate while in the employ of a private for-profit employer or while employed in private prison industries, involving a for-profit employer, which deal in interstate commerce or which sell products or services to the federal government.

J. In case of temporary partial disability, an injured employee shall receive seventy percent (70%) of the difference between the employee’s average weekly wages and the employee’s wage-earning capacity thereafter in the same employment or otherwise, if less than before the injury, during continuance of the partial disability. Total payments of temporary partial disability may not exceed one hundred fifty-six (156) weeks. In no event shall the total payment of wages and temporary partial disability exceed eighty percent (80%) of the average weekly wage of the injured employee at the time of the accident.

K. In case of a nonsurgical soft tissue injury, in which the employer has provided medical care within seven (7) days after receipt of oral or written notice of the injury, temporary total disability compensation shall not exceed eight (8) weeks, regardless of the number of parts of the body to which there is a nonsurgical soft tissue injury. A claimant who has been recommended by a treating physician for one or more injections may petition the Court for one extension of temporary total disability compensation and the Court may order an extension, not to exceed eight (8) additional weeks. A claimant who has been recommended by a treating physician for surgery for a soft tissue injury may petition the Court for one extension of temporary total disability compensation and the Court may order an extension, not to exceed sixteen (16) additional weeks, if the treating physician indicates that an extension is appropriate or as agreed to by all parties. In the event the surgery is not performed within ninety (90) days of the approval of the surgery by the employer or employer’s insurance carrier or an order of the Court authorizing the surgery, the benefits for the extension period shall be terminated by the Court, unless the Court finds the delay was beyond the control of the claimant. In the event surgery is performed, the period of temporary total disability is subject to the limitations established by subsection A of this section. This subsection shall apply to all cases coming before the Court after the effective date of this act, regardless of the date of injury.

L. For purposes of this section, “soft tissue injury” means damage to one or more of the tissues that surround bones and joints. Soft tissue injury includes, but is not limited to: sprains, strains, contusions, tendonitis, and muscle tears. Cumulative trauma is to be considered a soft tissue injury. Soft tissue injury does not include any of the following:

1. Injury to or disease of the spine, spinal discs, spinal nerves or spinal cord, where corrective surgery is performed;

2. Brain or closed-head injury as evidenced by:

a. sensory or motor disturbances,

b. communication disturbances,

c. complex integrated disturbances of cerebral function,

d. episodic neurological disorders, or

e. other brain and closed-head injury conditions at least as severe in nature as any condition provided in subparagraphs a through d of this paragraph; or

3. Any joint replacement.

M. In all cases of nonsurgical soft tissue injury, the employee shall only be entitled to temporary total disability compensation as set out in subsection K of this section, unless there is objective medical evidence of a permanent anatomical abnormality. In determining the existence of such an abnormality, the Court may consider if there is credible medical evidence that the ability of the employee to earn wages at the same level as before the injury has been impaired. This subsection shall apply to all cases coming before the Court after the effective date of this act, regardless of the date of injury.

N. Notwithstanding any other section of the Workers’ Compensation Code, temporary disability compensation shall be payable without an award by the Court. The first payment of temporary disability compensation shall become due on the tenth day after the employer has received notice of injury.

O. Payments for temporary total disability or temporary partial disability shall not constitute admission by the employer or insurance carrier as to liability for benefits or any issue.

P. No employee may receive temporary total disability benefits covering the same period of time for which unemployment benefits as provided by the Oklahoma Employment Security Commission are received by the employee or for which short term disability benefits are received by the employee by reason of a policy of insurance provided by the employer.. The determination of permanent impairment or disability shall be the responsibility of the Workers’ Compensation Court. Any claim by an employee for compensation for permanent partial impairment must be supported by competent medical testimony of the treating physician who is a medical doctor or a doctor of osteopathy or a qualified independent medical examiner which shall be supported by objective medical findings, as defined in this act, and which shall include an evaluation by a physician stating his or her opinion of the employee’s percentage of permanent partial impairment and whether or not the impairment is job-related and caused by the accidental injury or occupational disease. A physician’s opinion of the nature and extent of permanent partial impairment to parts of the body other than scheduled members must be based solely on criteria established by the American Medical Association’s “Guides to the Evaluation of Permanent Impairment”, Fifth Edition, or any subsequent edition approved by the Administrator after public hearing and review by the Physician Advisory Committee, hereinafter referred to as “Guides”. A copy of any written evaluation shall be sent to both parties within seven (7) days of issuance. Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty. For purposes of this section, “physician” has the same meaning as defined in Section 26 of this act and includes a person licensed by another state who would be qualified to be a licensed physician under the laws of this state. Any party may submit the report of an evaluating physician.

B. Permanent partial impairment shall not be allowed to a part of the body for which no medical treatment has been received. A determination of permanent impairment or disability made by the Court which is not supported by objective medical findings provided by a treating physician who is a medical doctor or doctor of osteopathy or a qualified independent medical examiner shall be considered an abuse of discretion.

C. The Physician Advisory Committee may recommend the adoption of a method or system to evaluate permanent impairment that shall deviate from, be used in place of, or in combination with the Guides. Such recommendation shall be made to the Administrator of the Workers’ Compensation Court who may adopt the recommendation in part or in whole. The adopted method or system shall be submitted by the Administrator to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate within the first ten (10) legislative days of a regular session of the Legislature. Such method or system so submitted shall be subject to disapproval by joint or concurrent resolution of the Legislature during the legislative session in which submitted. If disapproved, the existing method of determining permanent partial impairment shall continue in effect. If the Legislature takes no action on the method or system submitted by the Administrator, the method or system shall become operative ten (10) days following the adjournment of the Legislature.

D. The examining physician shall not deviate from the Guides or any alternative thereto except as may be specifically provided for in the Guides or modifications to the Guides adopted pursuant to subsection C of this section.

E. In cases of permanent partial impairment, the compensation shall be seventy percent (70%) of the employee’s average weekly wages, and shall be paid to the employee for the period prescribed by the following schedule:

Thumb: For the loss of thumb, sixty-six (66) weeks.

First Finger: For the loss of the first finger, commonly called the index finger, thirty-nine (39) weeks.

Second Finger: For the loss of a second finger, thirty-three (33) weeks.

Third Finger: For the loss of a third finger, twenty-two (22) weeks.

Fourth Finger: For the loss of a fourth finger, commonly called the little finger, seventeen (17) weeks.

Phalange of Thumb or Finger: The loss of the first phalange of the thumb or finger shall be considered equal to the loss of one-half (1/2) of such thumb or finger, and compensation shall be one-half (1/2) of the amount above specified; the loss of more than one phalange shall be considered as the loss of the entire thumb or finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

Great Toe: For the loss of a great toe, thirty-three (33) weeks.

Other Toes: For the loss of one of the toes other than the great toe, eleven (11) weeks.

Phalange of Toe: The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half (1/2) of such toe, and compensation shall be one-half (1/2) of the amount specified. The loss of more than one phalange shall be considered as the loss of the entire toe.

Hand: For the loss of a hand, two hundred twenty (220) weeks.

Arm: For the loss of an arm, two hundred seventy-five (275) weeks. Provided, that for the purposes of the arm as a scheduled member, the arm shall mean that part of the body that extends from the surgical neck of the humerus and includes the elbow joint.

Foot: For the loss of a foot, two hundred twenty (220) weeks.

Leg: For the loss of a leg, two hundred seventy-five (275) weeks. Provided, that for the purposes of the leg as a scheduled member, the leg shall mean that part of the body that extends from the surgical neck of the femur and includes the knee joint.

Eye: For the loss of an eye, two hundred seventy-five (275) weeks.

Deafness: Deafness from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, three hundred thirty (330) weeks, and total deafness of one ear from industrial cause, including occupations which are hazardous to hearing, accident or sudden trauma, one hundred ten (110) weeks. Any examining physician shall only evaluate deafness or hearing impairment in accordance with the latest publication of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment” in effect at the time of the injury or alternative method provided for under provisions of this act.

Loss of Use: Permanent loss of use of a thumb, finger, toe, arm, hand, foot, leg or eye shall be considered as the equivalent of the loss of such thumb, finger, toe, hand, arm, foot, leg or eye.

For the permanent partial loss of use of a member, loss of hearing or sight of an eye, seventy percent (70%) of the employee’s average weekly wage during that portion of the number of weeks in the foregoing schedule provided for the loss of such member or sight of an eye which the partial loss of use thereof bears to the total loss of use of such member, loss of hearing or sight of an eye.

Amputations: Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand. Amputation between the knee and the ankle shall be considered as the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm. Amputation at or above the knee shall be considered as the loss of a leg.

Hernia: In case of an injury resulting in the first or second hernia in the same area of the body, there shall be no award of permanent partial impairment. Payment of benefits in such cases shall be limited to temporary total disability compensation for six (6) weeks, and all necessary medical costs including, but not limited to, the cost of surgery. A claimant who has had surgery for a hernia may petition the Workers’ Compensation Court for one extension of temporary total disability compensation and the Court may order such an extension, not to exceed six (6) additional weeks, if the treating physician indicates such an extension is appropriate, or as agreed to by all parties. An award for temporary total disability or permanent partial impairment may be entered by the Court if an injury results in a third hernia, or more, in the same area of the body.

Other cases: In cases in which the Court finds an injury to a part of the body not specifically covered by the foregoing provisions of this section, the employee may be entitled to compensation for permanent partial impairment. The compensation ordered paid shall be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks. No permanent disability shall be awarded unless there is objective medical evidence of a permanent anatomical abnormality. In determining the existence of such an abnormality, the Court may consider if there is credible medical evidence that the ability of the employee to earn wages at the same level as before the injury has been permanently impaired.

F. The compensation payments under the provisions of the Workers’ Compensation Code for permanent partial impairment shall not:

1. Exceed the sum of Three Hundred Twenty-three Dollars ($323.00) per week for injuries occurring on or after August 27, 2010, through August 26, 2015, or fifty percent (50%) of the state’s average weekly wage beginning August 27, 2015;

2. At any time be less than One Hundred Fifty Dollars ($150.00) per week for injuries occurring on or after August 27, 2010.

G. Previous Disability: The fact that an employee has suffered previous disability or impairment or received compensation therefor shall not preclude the employee from compensation for a later accidental personal injury or occupational disease. In the event there exists a previous impairment, including a previous non-work-related injury or condition which produced permanent disability and the same is aggravated or accelerated by an accidental personal injury or occupational disease, compensation for permanent disability shall be only for such amount as was caused by such accidental personal injury or occupational disease and no additional compensation shall be allowed for the preexisting disability or impairment. The sum of all permanent partial impairment awards, excluding awards against the Multiple Injury Trust Fund, shall not exceed five hundred twenty (520) weeks, except for awards for amputations and disability to the parts of the body for which surgery was received in the latest injury.

H. No payments on any permanent partial impairment order shall begin until payments on any preexisting permanent partial impairment orders have been completed.

In case of an injury resulting in serious and permanent disfigurement, compensation shall be payable in an amount to be determined by the Workers’ Compensation Court, but not in excess of Fifty Thousand Dollars ($50,000.00). An award for permanent disfigurement shall not be made for a part of the body for which permanent partial impairment is awarded.Where a compensable injury results in the loss of one or more eyes, teeth, or members of the body, or the replacement of a joint, the employer shall furnish such prosthetic devices as may be necessary as determined by the Workers’ Compensation Court in the treatment and rehabilitation of the injured worker for the lifetime of the worker. Where a worker sustains a compensable injury, arising out of and in the course of his or her employment, which results in damage to a prosthetic device with which such worker is equipped, the employer shall repair or replace such device. Provided, that a subsequent injury to the part of the body for which a prosthetic device is provided shall terminate the obligation of the employer to provide such prosthetic device In case of total disability adjudged to be permanent, seventy percent (70%) of the employee’s average weekly wages, but not in excess of the state’s average weekly wage, shall be paid to the employee during the continuance of the disability until such time as the employee reaches the age of maximum Social Security retirement benefits or for a period of fifteen (15) years, whichever is longer. In the event the claimant dies of causes unrelated to the injury or illness, benefits shall cease on the date of death. Provided, however, any person entitled under provisions of Section 49 to revive the action shall receive a one-time lump sum payment equal to twenty-six (26) weeks of weekly benefits for permanent total disability awarded the claimant. If more than one person is entitled to revive the claim, the lump sum payment shall be evenly divided between or among such persons. In the event the Workers’ Compensation Court awards both permanent partial impairment and permanent total disability benefits, the permanent total disability award shall not be due until the permanent partial impairment award is paid in full. If otherwise qualified according to the provisions of this act, permanent total disability benefits may be awarded to an employee who has exhausted the maximum period of temporary total disability even though the employee has not reached maximum medical improvement.

B. Any employee convicted of a misdemeanor or felony and sentenced to a term of incarceration of at least ninety (90) days in this state shall have all benefits for permanent total disability awarded by the Court and paid during the period of incarceration deposited to the credit of an account established pursuant to Section 549 of Title 57 of the Oklahoma Statutes for distribution in full to the Department of Corrections for costs of incarceration. The State Board of Corrections shall have the power to collect workers’ compensation benefits on behalf of the prisoner as provided in this subsection and to distribute the benefits as provided by law.

C. The Court shall, every three (3) years, review the status of any employee receiving benefits for permanent total disability. Upon request of the employer or insurance carrier, the Court shall require the employee to annually file an affidavit under penalty of perjury stating that he or she is not and has not been gainfully employed and is not capable of gainful employment. Failure to file such affidavit shall result in suspension of benefits; provided, however, reinstatement of benefits may occur after proper hearing before the Court.

A. If an injury or occupational disease causes death, weekly income benefits shall be payable in the amount and for the benefit of the persons following, subject to the maximum limits specified hereafter:

1. If there is a surviving spouse, to such surviving spouse who shall remain unmarried, seventy percent (70%) of the average weekly wages the deceased was earning. In no event shall this spousal weekly income benefit be diminished by the award to other beneficiaries. In addition to the benefits theretofore paid or due, two (2) years’ indemnity benefit in one lump sum shall be payable to a surviving spouse upon remarriage;

2. If there is a surviving spouse and a child or children, fifteen percent (15%) of the average weekly wages the deceased was earning for each child. Where there are more than two such children, the income benefits payable for the benefit of all children shall be divided among all children, to share and share alike, subject to the maximum limits in subsection D of this section;

3. To the children, if there is no surviving spouse, fifty percent (50%) of the average weekly wages the deceased was earning for one child, and twenty percent (20%) of such wage for each additional child, divided among all children, to share and share alike, subject to the maximum limits in subsection D of this section;

4. The weekly income benefits payable for the benefit of any child under this section shall cease when the child dies, marries, or reaches the age of eighteen (18), unless the child is over eighteen (18) years of age and remains enrolled as a full-time student in high school or is being home-schooled in a high-school course approved by the Oklahoma Department of Education; or unless a child is over eighteen (18) years of age and is physically or mentally incapable of self-support; or unless the child is under the age of twenty three (23) and enrolled as a full-time student in any accredited institution of higher education or vocational or technology education;

5. If there is no surviving spouse or children, to each parent, if actually dependent, twenty-five percent (25%) of the average weekly wages the deceased was earning, subject to the maximum limits in subsection D of this section;

6. If there is no surviving spouse or children, to the brothers, sisters, grandparents and grandchildren, if actually dependent, twenty-five percent (25%) of the average weekly wages the deceased was earning to each such dependent. If there should be more than one of such dependents, the total income benefits payable for the benefit of such dependents shall be divided to share and share alike, subject to the maximum limits in subsection D of this section;

7. The income benefits for each beneficiary under paragraphs 5 and 6 of this subsection shall be paid until the beneficiary, if a parent or grandparent, dies, marries or ceases to be actually dependent, or, if a brother, sister or grandchild, dies, marries or reaches the age of eighteen (18), is over the age of eighteen (18) and ceases to be physically or mentally incapable of self-support or ceases to be actually dependent.

B. A person ceases to be actually dependent when the person’s income from all sources exclusive of workers’ compensation income benefits is such that, if it had existed at the time the original determination of actual dependency was made, it would not have supported a finding of dependency. In all cases, the period of actual dependency shall be presumed to be no longer than three (3) years after the person was found to be actually dependent. The presumption may be overcome by proof of continued actual dependency.

C. Change in dependents. Upon the cessation of income benefits under this section to or for the benefit of any person, the income benefits payable to the remaining persons who continue to be entitled to income benefits for the unexpired part of the period during which their income benefits are payable shall be that which such persons would have received if they had been the only persons entitled to income benefits at the time of the decedent’s death.

D. For the purposes of this section, the average weekly wage of the employee shall be taken as not more than the state’s average weekly wage. The aggregate weekly income benefits payable to all beneficiaries under this section shall not exceed one hundred percent (100%) of the average weekly wages of the employee or one hundred percent (100%) of the state’s average weekly wage, whichever is less.

E. Where some pecuniary loss may be shown by heirs-at-law of the deceased, as defined by the descent and distribution statutes of Oklahoma, who are otherwise not entitled to receive benefits under other provisions of this section, such heirs-at-law shall receive compensation for their pecuniary loss not to exceed an aggregate of Five Thousand Dollars ($5,000.00).

F. In the event that no benefits under other provisions of this section are paid to the dependents or the heirs-at-law of the deceased, an amount not to exceed Eight Thousand Dollars ($8,000.00) shall be paid for funeral expenses.

G. In addition to weekly income benefits, if there is a surviving spouse and surviving children entitled to receive death benefits herein, such survivors shall be entitled to an immediate lump-sum payment of One Hundred Thousand Dollars ($100,000.00) to the spouse and Twenty-five Thousand Dollars ($25,000.00) to each surviving child not to exceed two children. In addition, the survivors shall be entitled to receive funeral benefits in an amount not to exceed Ten Thousand Dollars ($10,000.00).

H. In addition to weekly income benefits, if there is no surviving spouse, but there are surviving children entitled to receive death benefits herein, each surviving child shall be entitled to a lump-sum payment of Twenty-five Thousand Dollars ($25,000.00), provided the total amount of lump-sum payments shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00), to be divided among all the children to share and share alike. The survivors shall also be entitled to receive funeral benefits in an amount not to exceed Ten Thousand Dollars ($10,000.00).

I. Any claim under this section shall be substantiated by the filing of a properly executed and authenticated proof of loss, which form shall be prescribed by the Administrator, and payment of such sum shall be made within fifteen (15) days after adjudication of entitlement by the Workers’ Compensation Court. Such sum shall not be subject to any award of attorney fees in uncontested cases, except the Court shall appoint a guardian ad litem to represent known and unknown minor children and the guardian ad litem shall be paid a reasonable fee for the services.

J. All orders of the Court awarding lump-sum death benefits and weekly income benefits to a child under eighteen (18) years of age, shall provide for the appointment of a guardian ad litem and that such benefits, after deducting for attorney fees and expenses incurred to prosecute the claim, be deposited, with proof of receipt thereof, in a federally insured banking institution in Oklahoma. The benefits so deposited shall not be withdrawn without further order of the Court or until the child reaches the age of eighteen (18). An annual accounting of all such trust funds shall be made to the Court by the duly appointed guardian ad litem.

K. Any claim for death benefits may be concluded by compromise settlement on a form prescribed by the Administrator and approved by a judge of the Court. In the event a claimant is a minor, a duly appointed guardian ad litem shall be authorized to enter into such compromise settlement.. An employee who has suffered an accidental injury or occupational disease covered by the Workers’ Compensation Code shall be entitled to prompt and reasonable physical rehabilitation services. When, as a result of the injury, the employee is unable to perform the same occupational duties the employee was performing prior to the injury, the employee shall be entitled to such vocational rehabilitation services provided by a technology center school, a public or private vocational skills center or public secondary school offering vocational-technical education courses, or a member institution of The Oklahoma State System of Higher Education, which shall include retraining and job placement so as to restore the employee to gainful employment. Vocational rehabilitation benefits shall not be provided to any nondocumented employee who is unable, by law, to be hired in Oklahoma.

B. The Administrator of the Workers’ Compensation Court shall hire or contract for a Vocational Rehabilitation Director to oversee the vocational rehabilitation program of the Workers’ Compensation Court. The job of the Vocational Rehabilitation Director is to help injured workers return to the work force through the encouragement of light-duty work or retraining.

C. Upon the request of either party, or by order of the Court, the Vocational Rehabilitation Director will assist the Court in determining if it is appropriate for a claimant to receive vocational rehabilitation training or services. If appropriate, the Court shall refer the employee to a qualified expert for evaluation of the practicability of, need for and kind of rehabilitation services or training necessary and appropriate in order to restore the employee to gainful employment. The cost of the evaluation shall be paid by the employer. Following the evaluation, if the employee refuses the services or training ordered by the Court, or fails to complete in good faith the vocational rehabilitation training ordered by the Court, then the cost of the evaluation and services or training rendered may, in the discretion of the Court, be deducted from any award of benefits to the employee which remains unpaid by the employer. Upon receipt of such report, and after affording all parties an opportunity to be heard, the Court shall order that any rehabilitation services or training, recommended in the report, or such other rehabilitation services or training as the Court may deem necessary, provided the employee elects to receive such services, shall be provided at the expense of the employer. Except as otherwise provided in this subsection, refusal to accept rehabilitation services by the employee shall in no way diminish any benefits allowable to an employee.

D. Whenever it is apparent to the Court that the employee’s injury will prevent the employee from returning to his or her former employment, the Court may order vocational rehabilitation services, even though the employee remains temporarily totally disabled and under active medical care. In granting early benefits for vocational rehabilitation, the Court shall consider temporary restrictions and the likelihood that such rehabilitation will return the employee to gainful employment earlier than if such benefits are granted after the permanent partial impairment hearing in the claim.

E. No person shall be adjudicated to be permanently and totally disabled, except in claims against the Multiple Injury Trust Fund, unless first having obtained an evaluation as to the practicability of restoration to gainful employment through vocational rehabilitation services or training. The employee seeking permanent and total benefits shall pay the cost of the evaluation. If an employee claiming permanent total disability status unreasonably refuses to be evaluated or to accept vocational rehabilitation services or training, or is capable of retraining but is ineligible pursuant to subsection A of this section, permanent total disability benefits shall not be awarded during the period of such refusal, and the employee shall be limited to permanent partial impairment benefits only.

F. Vocational rehabilitation services or training shall not extend for a period of more than fifty-two (52) weeks. This period may be extended for an additional fifty-two (52) weeks or portion thereof by special order of the Court, after affording the interested parties an opportunity to be heard. A request for vocational rehabilitation services or training may be filed with the Administrator by an interested party at any time after the date of injury but not later than sixty (60) days from the date of the final determination that permanent partial impairment benefits are payable to the employee.

G. Where rehabilitation requires residence at or near the facility or institution which is away from the employee’s customary residence, reasonable cost of the employee’s board, lodging, travel, tuition, books and necessary equipment in training shall be paid for by the insurer in addition to weekly compensation benefits to which the employee is otherwise entitled under the Workers’ Compensation Code.

H. During the period when an employee is actively and in good faith being evaluated or participating in a retraining or job placement program for purposes of evaluating permanent total disability status, the employee shall be entitled to receive benefits at the same rate as the employee’s temporary total disability benefits for a period of fifty-two (52) weeks, which may be extended by the Court for up to a maximum of an additional fifty-two (52) weeks. No attorney fees shall be awarded or deducted from such benefits received during this period. All tuition related to vocational rehabilitation services shall be paid by the employer or the employer’s insurer on a periodic basis directly to the facility providing the vocational rehabilitation services or training to the employee.. If the employee and employer shall reach an agreement for the full, final and complete settlement of any issue of a claim pursuant to the Workers’ Compensation Code, a form designated as “Compromise Settlement” shall be signed by both the employer and employee, or representatives thereof, and shall be approved by a judge of the Workers’ Compensation Court or the Administrator of the Workers’ Compensation Court and filed with the Administrator. In cases in which the employee is not represented by legal counsel, a judge of the Court or the Administrator shall have jurisdiction to approve a full, final and complete settlement of any issue upon the filing of an Employer’s First Notice of Injury. There shall be no requirement for the filing of an Employee’s First Notice of Accidental Injury and Claim for Compensation to effect such settlement in cases in which the employee is not represented by legal counsel.

B. In the event all issues of a claim are not fully, finally and completely settled by a Compromise Settlement, the issues not settled by the parties and subject to the Court’s continuing jurisdiction must be noted by appendix to the Compromise Settlement or on a form created for such purpose by the Administrator. The appendix must be signed by the parties and approved by the Court as set forth herein.

C. In the absence of fraud, a Compromise Settlement shall be deemed binding upon the parties thereto and a final adjudication of all rights pursuant to the Workers’ Compensation Code. An official record shall be made by a court reporter of the testimony taken to effect the Compromise Settlement.

D. A good faith effort shall be made on the part of any insurance carrier, CompSource Oklahoma, or group self-insured plan to notify an insured employer of the possibility of and terms of any settlement of a workers’ compensation case pursuant to this section. Written comments or objections to settlements shall be filed with the Court and periodically shared with the management of the applicable insurer. A written notice shall be made to all policyholders of their right to a good faith effort by their insurer to notify them of any proposed settlement, if the policyholder so chooses.

A. 1. A record of the terms and conditions of an approved Joint Petition settlement and the claimant’s understanding concerning the effect of the settlement must be made and transcribed at the respondent’s expense.

2. In no instance shall the total attorney’s fee amount exceed the maximum attorney’s fee allowable by law.

3. A file-stamped copy of an approved Joint Petition settlement shall be mailed by the Court to all unrepresented parties and attorneys of record.

B. No settlement of a claim on Joint Petition shall be made upon written interrogatory or deposition except in cases where the claimant is currently engaged in the military service of the United States, is outside of the state, is a nonresident of Oklahoma, or in cases of extreme circumstances.

C. No Joint Petition settlement may be presented until competent medical evidence is ready for admission.

D. The transcript of the Joint Petition settlement shall be prepared and provided to the parties within ninety (90) days. If any respondent or insurance carrier prefers to be billed immediately for the transcript, it may request the court reporter to determine the charge at the time the record is made. The court reporter may then contract for services rendered and submit a statement in conformity with the agreement.

E. Medical reports and other exhibits submitted in support of a Joint Petition settlement will not be transcribed unless the parties request otherwise. When said reports or exhibits are not transcribed, the original exhibits or duplicate copies thereof shall be affixed to the original transcript and placed in the Court file.

F. Joint Petition settlements between the claimant and the respondent shall not be deemed an adjudication of the rights between the medical provider and the employer as to charges incurred by the medical provider prior to the date of the Joint Petition settlement.

G. Within seven (7) days of the date a medical provider provides initial treatment for a work-related accident, the medical provider shall provide notice in writing to the Workers’ Compensation Court (but only if a Form 3, 3A or 3B has been filed with the Court) and in all cases shall provide notice in writing to the patient’s employer, and if known, the employer’s insurance carrier. If the medical provider fails to provide the required notification, the medical provider forfeits any rights to future notification, including those circumstances where a case is joint petitioned, unless said medical provider is actually known to the respondent or is listed by the claimant.

H. At the time of the joint petition, the claimant shall provide to the respondent a list of all medical providers of which the claimant is aware. Within ten (10) days from the date the joint petition is file-stamped by the Court, the respondent shall send notice of the joint petition to all medical providers listed by the claimant, to all medical providers providing written notice to the employer and, if known, the employer’s insurance carrier, and to any other medical providers known to the respondent.

I. Once a joint petition is filed, the claimant is responsible for payment of any future medical benefits, and informing any future medical providers that the case has been joint petitioned, and that the respondent shall not be responsible for payment of said medical bills.. The parties to a claim, by agreement, may make full and final disposition of all issues regarding a claim under the Workers’ Compensation Act, as the parties consider reasonable, subject to approval by a Workers’ Compensation Court judge or the Court Administrator. The agreement shall be set forth in a Form 1X compromise settlement as authorized in 85 O.S., Section 26 and this rule or in a Joint Petition settlement under 85 O.S., Section 84 and Rule 55. The Form 1X must be supported by competent medical evidence.

B. As used in this rule, “parties” means the respondent (employer or its insurer), and a claimant who is not, nor was previously, represented by an attorney in the claim. The employer must have filed a Form 2 regarding the injury or occupational illness which is the subject of the Form 1X. There is no requirement for the claimant to have filed a claim for compensation (Form 3, Form 3A, Form 3B, or Form 3E) with the Court before effecting a Form 1X compromise settlement.

C. Form 1X compromise settlements shall not be used to address payment of medical services rendered before the date of the Form 1X agreement, or combined disabilities claims against the Multiple Injury Trust Fund. Nothing in this rule shall preclude the Multiple Injury Trust Fund from compromising a claim as authorized by 85 O.S., Section 172(G).

D. No Form 1X shall be made upon written interrogatory or deposition except in cases where the claimant is currently engaged in the military service of the United States, is outside of the state, is a nonresident of Oklahoma, or in cases of extreme circumstances.

E. A record of the terms and conditions of an approved Form 1X and the claimant’s understanding concerning the effect of the settlement must be made and transcribed at the expense of the respondent. The transcript of the Form 1X shall be prepared and provided to the parties within ninety (90) days. If any respondent prefers to be billed immediately for the transcript, it may request the court reporter to determine the charge at the time the record is made. The court reporter may then contract for services rendered and submit a statement to the respondent in conformity with the agreement. Medical reports and other exhibits submitted in support of a Form 1X shall not be transcribed unless the parties request otherwise. If the reports or exhibits are not transcribed, the original exhibits or duplicate copies thereof shall be affixed to the original transcript and placed in the Court file.

F. A file-stamped copy of an approved Form 1X shall be mailed by the Court to all unrepresented parties and attorneys of record.

G. At the time of the Form 1X, the claimant shall provide to the respondent a list of all medical providers known to the claimant. Within ten (10) days from the file-stamped date of the Form 1X, the respondent shall send notice of the Form 1X to all medical providers listed by the claimant and to all medical providers known to the respondent.

H. The claimant is liable for payment of any medical services rendered after a Form 1X is filed. The claimant is responsible for informing any future medical providers that the case was disposed of by a Form 1X and that the claimant, rather than the respondent, is the party financially responsible for such services.

I. The amount of a Form 1X compromise settlement shall not be considered an award of permanent partial disability. However, the settlement amount is subject to such assessments and taxes as may be provided by law.

Historical Data

Attorney Case Review