On The Job Injuries

Heart, Lung & Cardiovascular Injury

OKLAHOMA EMPLOYER LIABILITY FOR HEART ATTACK, STROKE & LUNG INJURY

Oklahoma City and Tulsa Workers’ Compensation Court Laws provide that the term “compensable injury”– including heart attacks, strokes, and lung injuries, means only that injury or occupational illness &/or disease, causing internal or external harm to a worker’s body, which arises out of and in the course of the employee’s employment and only if such employment was the major cause* of the specific heart attack, myocardial infarction, cardiovascular, coronary, lung, heart, pulmonary, respiratory, stroke or other injury or illness. Oklahoma Workers’ Compensation Court rules further provide that any heart, lung or stroke injury, other than cumulative trauma, is compensable only if it is caused by a specific incident and is identifiable by time, place and occurrence.

Oklahoma City and Tulsa Workers’ Compensation Court rules provide that any heart, lung &/or stroke injury in Oklahoma must be proven by the injured worker and his or her attorney or lawyer by objective medical evidence (i.e. those findings which cannot come under the voluntary control of the patient). Furthermore–the employee &/or his or her lawyer or attorney has the burden of proof to establish by a preponderance of the evidence that such cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction injury was in fact caused by the employment, as opposed to any other factor. Certainly, and as specifically stated by the Oklahoma Workers’ Compensation Law–there is no presumption from the mere occurrence of a stroke, heart attack or lung injury during an employee’s working hours or his or her working relationship that the injury was in fact caused by the worker’s employment.

Those prosecuting or defending a heart attack, cerebral vascular accident or pulmonary injury case in Oklahoma should keep the following priciples in mind:

The Oklahoma City and Tulsa Workers’ Compensation Courts have determined that the term “compensable injury” means only those cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accidents or myocardial infarctions causing injury, illness, or death, only if, in relation to other factors contributing to the physical harm, a work-related activity is the major cause* of the physical harm. Furthermore–such heart attack, stroke &/or lung injury shall not be considered to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the usual work of the employee, or alternately, that some unusual incident occurred which is found to have been the major cause* of the physical harm.
A compensable heart, cardiac, stroke &/or respiratory injury under the Oklahoma Workers’ Comp Law does not include 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 all as put before the Court by the injured worker &/or his or her lawyer or attorney (nor shall it include any heart, stroke or lung injury incurred while engaging in or performing, or as the result of engaging in or performing, any recreational or social activities).
The Oklahoma City and Tulsa Workers Compensation Court has determined that any compensable cardiac arrest, heart attack, cerebral vascular, stroke, or pulmonary injury will not include any injury resulting directly or indirectly from idiopathic (i.e. unknown or undetermined) causes or death due to natural causes occurring while the worker is at work.

*NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have defined the term ‘MAJOR CAUSE’ to mean more than fifty percent (50%) of the resulting cardiovascular, cardiac, heart attack, stroke or respiratory injury disease or illness and further that any finding by the Court of major cause must be established by the hurt employee &/or his or her attorneys or lawyers by a preponderance of the evidence.

PROCEDURAL/FILING REQUIREMENTS FOR HEART, STROKE & LUNG INJURY CASES

WORKERS’ COMPENSATION COURT FILING REQUIREMENTS FOR HEART ATTACK, STROKE & LUNG CASES: One claiming benefits or a settlement for a cardiovascular, heart attack, cardiac, cerebral vascular, stroke, pulmonary or lung injury should note that the Tulsa & Oklahoma City Workers’ Comp Law provides that the right to claim compensation under the Workers’ Compensation Law for such injuries will be forever barred unless, within two (2) years after the date of the heart attack, stroke or lung injury or death, a claim for compensation is filed with the Oklahoma Workers’ Compensation Court*. The following forms are required and mandatory for filing these type cases:

EMPLOYEE’S FIRST NOTICE OF ACCIDENTAL INJURY AND CLAIM FOR COMPENSATION [FORM 3]
CLAIMANT’S FIRST NOTICE OF DEATH AND CLAIM FOR COMPENSATION [FORM 3A]
EMPLOYEE’S FIRST NOTICE OF OCCUPATIONAL DISEASE AND CLAIM FOR COMPENSATION [FORM 3B]

*Provided however, a claim may be filed by an hurt worker &/or his or her attorneys or lawyers within two (2) years of the date of the last medical treatment authorized by the employer or the insurance company or the date of the payment of any compensation or remuneration paid in lieu of compensation for a Tulsa or Oklahoma City heart attack, cardiac, stroke, cardiovascular, lung or respiratory injury case.

REPORTING & NOTICE REQUIREMENTS FOR TULSA & OKLAHOMA CITY CARDIAC, STROKE, HEART ATTACK & LUNG INJURY CASES: Oklahoma City & Tulsa Workers’ Compensation Court Rules provide that–unless an injured worker (or his or her attorney or lawyer) gives oral or written notice to his or her employer within thirty (30) days of the date a heart attack, stroke, or lung injury occurs, or the hurt employee receives medical attention from a doctor during the thirty-day period from the date a single event cardiovascular, lung or stroke injury occurred, the rebuttable presumption shall be that the injury was not work-related. Such presumption can only be overcome by a preponderance of the evidence submitted by the injured worker &/or his or her attorneys or lawyers to the Oklahoma Workers’ Compensation Court. Furthermore–Unless an injured worker gives oral or written notice to his or her employer within ninety (90) days of the employee’s separation of employment, there will be a rebuttable presumption that an occupational disease or cumulative trauma heart attack, lung or stroke injury did not arise out of and in the course of the injured worker’s employment. Again, any such presumption must be overcome by a preponderance of the evidence produced to either the Oklahoma City or Tulsa Workers’ Compensation Court by the injured employee &/or his or her attorney.

MEDICAL TREATMENT BENEFITS FOR TULSA HEART ATTACK, STROKE & LUNG CASES

Oklahoma City & Tulsa Workers’ Compensation Court rules provide that Oklahoma employer’s must provide their injured workers, sustaining or suffering from a work-related heart attack, stroke, cardiovascular, lung or pulmonary injury with such medical, diagnostic, surgical or other attendance or treatment, nurse and hospital service, medicine, and implantable medical devices as may be reasonable and necessary after the compensable injury. To be specific–within seven (7) days of actual knowledge (not notice) of a heart attack, stroke or lung injury Oklahoma employers must provide their hurt worker appropriate medical treatment with a doctor of such employer’s choice. Therafter such doctor selected by the employer will become the worker’s ‘treating physician’ under Oklahoma law. Regarding the provision of medical care should be noted the following:

The providing of medical care by an employer to its employee for his or her work-related injury will not be construed as an admission of the compensability of its injured worker’s heart attack, stroke or lung injury or illness.
If the employer fails or neglects to provide medical treatment within seven days after actual knowledge is received of an injury–the injured worker &/or his or her attorney or lawyer can select a doctor or physician to provide medical treatment for the worker’s heart attack, stroke or lung injury at the expense of his or her employer and its insurance company.
EMERGENCY TREATMENT: The injured worker, or another on the employee’s behalf (to include his or her attorney or lawyer) can always obtain emergency treatment at the expense of the employer &/or its insurance company where such emergency treatment is not immediately provided by the employer. Pre-authorization is not required.

WORKER’S RIGHT TO CHANGE OF DOCTOR FOR CARDIAC, STROKE OR LUNG INJURY Where an injured worker is not covered by a CERTIFIED WORKPLACE MEDICAL PLAN (“CWMP”) the employer has not only the right but the responsibility to select for its injured employee a treating doctor, all as fully described above. Thereafter, the Oklahoma City or Tulsa Workers’ Compensation Court, on application of an employee &/or his or her attorney or lawyer, can order a one-time change of treating doctor for treatment for the injured employee’s heart attack, stroke or lung injury or disease.

MEDICAL TREATMENT UNDER CERTIFIED WORKPLACE MEDICAL PLAN (“CWMP”) If an employer &/or his or her insurance company has in place a certified workplace medical plan (“CWMP“) set up under Oklahoma Workers’ Comp law, such employer will designate for the hurt worker a treating doctor from a physician within the network of the CWMP. Thereafter–the injured employee &/or his or her attorneys or lawyers can apply for a change of doctor by utilizing the dispute resolution process set out in the CWMP. Once the dispute resolution process has been exhausted, the Oklahoma City or Tulsa Workers’ Compensation Court may, upon formal request from the hurt worker &/or his attorney or lawyer, can appoint an independent physician to determine if further medical treatment is needed by the worker and if so what type.

CONTINUING MEDICAL MAINTENANCE FOR HEART, STROKE OR LUNG INJURY CASES The Oklahoma City & Tulsa Workers’ Compensation Court has determined that “CONTINUING MEDICAL MAINTENANCE” means medical treatment that is reasonable and necessary to maintain an injured worker’s condition resulting from a compensable heart attack, cardiovascular, cerebral vascular, stroke or lung injury or illness after the hurt employee reaches a point of maximum medical improvement*. The Oklahoma Worker’s Compensation Court has further decided that continuing medical maintenance does NOT include diagnostic tests, surgery, injections, counseling, physical therapy, or pain management devices or equipment, unless specifically authorized by either the Oklahoma City or Tulsa Workers’ Compensation Court in advance of such treatment.

Oklahoma City and Tulsa Workers’ Compensation Court rules provide that unless recommended by the treating doctor at the time the injured employee achieves maximum medical improvement* (or by an independent physician), continuing medical maintenance for an injured worker’s heart attack, lung or stroke injury will not be awarded by the Oklahoma Workers’ Compensation Court. At the request of the employer, its insurance company or the injured worker &/or his or her attorney or lawyer, a judge of the Workers’ Compensation Court can appoint an independent doctor to determine the nature & extent of continuing medical maintenance. Additionally, the issue of continuing medical maintenance can be reviewed by the Oklahoma City or Tulsa Workers’ Compensation Court at any time and finally–any employer or its insurance company are not responsible for continuing medical maintenance or pain management for any heart attack, stroke, cardiovascular or lung injury or disease unless previously ordered by the Oklahoma Workers’ Compensation Court or agreed to in advance by the worker’s employer or its insurance company.

*NOTE: The Oklahoma City or Tulsa Workers’ Compensation Courts have determined that maximum medical improvement means that no further material improvement can be expected to the injured employee’s heart, lung or stroke injury from medical treatment &/or simply the passage of time.

CONTINUING MEDICAL MAINTENANCE FOR ‘MEDICAL DEVICES’ For heart attack, stroke & lung injuries resulting in the use of a “medical device”, ongoing service for the medical device will be provided under Oklahoma Workers’ Compensation law 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.

TEMPORARY TOTAL DISABILITY (‘TTD’) FOR HEART ATTACK, STROKE & LUNG CASES

An Oklahoma worker suffering from a heart attack, cardiovascular, pulmonary or stroke injury or suffering from such occupational disease can become entitled to a weekly temporary total disabililty (‘TTD’) wage replacement check in one of two ways:

The injured worker’s treating doctor states in writing and in a manner required by the rules of the Oklahoma City & Tulsa Workers’ Compensation Court that the injured employee is completely unable to perform his or her usual occupation or trade (most typically the job he or she was doing at the time the heart attack, stroke or lung injury occurred) or that the worker is otherwise “TTD”
The treating physician provides work-related restrictions in writing to the injured employee which restrictions are related to the injured employee’s heart attack, stroke or lung injury &/or disease and such restrictions do not allow the injured employee to perform his usual & customary occupation and the employer fails to make a bona-fide offer of light duty work within the restrictions given by the treating physician.

Oklahoma City and Tulsa Workers’ Compensation Court rules provice that in cases where an injured employee is entitled to an award of temporary total disability for his or her heart attack, stroke or lung injury–said worker will be paid seventy percent (70%) of his or her average weekly wages, but not in excess of a maximum amount (currently set at $735), during continuance of the injured employee’s total disability. However, there will be no payment for the first seven (7) days of the initial period of temporary total disability unless the Oklahoma Workers’ Compensation Court determines that the hurt employee has been temporarily totally disabled for more than twenty one (21) days as a direct result of his or her heart attack, stroke or lung injury. Total payments of compensation for temporary total disability under Oklahoma law cannot exceed one hundred fifty-six (156) weeks for a heart attack, stroke or lung injury case, unless the Oklahoma City or Tulsa Workers’ Compensation Court makes a finding of a consequential injury suffered by the injured worker. In that event, the Oklahoma Workers’ Compensation Court can order an additional period of temporary total disability not to exceed fifty-two (52) weeks upon proper and timely application of the injured worker &/or his attorneys or lawyers.

PENALTIES FOR LATE OR NON-PAYMENT OF TTD BENEFITS IN HEART, LUNG OR STROKE CASES: If the injured worker’s employer has actual notice of his or her heart attack, stroke or lung injury and the injury &/or disease is not disputed and weekly temporary total disability benefit payments are not commenced within ten (10) days, the offending employer or his or her insurance company must pay to the hurt employee a penalty of fifteen percent (15%) of the unpaid or delayed weekly benefits.

PERMANENT PARTIAL DISABILITY SETTLEMENTS FOR HEART, LUNG & STROKE CASES

Permanent partial disability (or simply ‘PPD’) for an Oklahoma workers’ compensation heart attack, stoke or lung case generally refers to a one-time lump sum or periodic cash settlement amount which is designed to compensate or pay an injured worker for the expected future loss or disability he or she will likely sustain as a result of his or her injury or disease. The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that “Permanent partial impairment” for a cardiac, heart, myocardial infarction, stroke or lung injury or disease means any anatomical abnormality or loss of use of an injured worker’s heart, brain, cardiovascular system, lungs, pulmonary or respiratory system after maximum medical improvement has been achieved by the injured worker which damage, disability or loss can be evaluated and measured by doctor. In this regard any injured worker &/or his or her attorney or lawyer pushing forward a permanent partial disability settlement should keep in mind the following:

Any final determination of permanent impairment or disability for a worker’s heart attack, stroke or lung injury case is always the responsibility of a Judge of the Oklahoma City or Tulsa Workers’ Compensation Court, not the injured employee’s treating doctor, employer or insurance company.
Any claim submitted by an injured employee &/or his or her attorneys or lawyers for compensation or a settlement for his or her permanent partial impairment related to a heart attack, stroke or lung injury case must be supported and include competent testimony by a physician or doctor 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 worker’s accidental injury or occupational disease.
Any doctor’s opinions and testimony concerning the nature and extent of an injured worker’s permanent partial impairment and disability to his or her heart, lung(s), brain &/or cardiovascular system to be admissible before the Oklahoma Workers’ Compensation Court must be based solely upon criteria established by the American Medical Association’s “Guides to the Evaluation of Permanent Impairment“, commonly referred to by attorneys, lawyers, insurance companies and adjusters in the workers’ comp system as the ”Guides”. Furthermore–all doctor opinions describing a hurt worker’s permanent partial impairment & disability must be stated within a reasonable degree of medical certainty and according to Oklahoma law no permanent disability will be awarded by the Workers’ Compensation Court unless and until there is brought to bear objective medical evidence that the worker has sustained a permanent anatomical abnormality or damage to his or her heart, brain, cardiovascular system or lung(s). In determining the existence of such an abnormality, the Oklahoma City or Tulsa Workers’ Compensation Court can consider if there is credible medical evidence produced by the injured worker &/or his or her attorney or lawyer that the ability of the hurt employee to earn wages at the same level as before the injury has been permently impaired

CASH SETTLEMENT AMOUNT OF OKLAHOMA PERMANENT PARTIAL DISABILITY AWARDS OF HEART ATTACK, STROKE & LUNG INJURY CASES. The total amount of compensation or settlement ordered paid by a judge of the Oklahoma City or Tulsa Workers’ Compensation Court will be seventy percent (70%) of the injured employee’s average weekly wage for the number of weeks which the partial disability of the hurt worker bears to five hundred (500) weeks, subject to the following limitations that the permanent disability compensation or settlement amount under the provisions of the Oklahoma Workers’ Compensation law for cannot:

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

EXAMPLE: A worker having sustained a heart attack which following her healing period leaves her with a permanent partial impairment of 30% to the whole body all as determined by a Judge of the Tulsa Workers’ Compensation Court. If her heart attack occurred after August 27, 2010 her 30% whole person rating would entitle her to an award of 150 weeks at her PPD rate (which would be 70% of her average pre-injury earnings). Assuming that she is entitled to the current maximum PPD rate of $323–her permanent partial disability settlement award would be $48,450.

LUMP-SUM CASH SETTLEMENTS OF PERMANENT PARTIAL DISABILITY AWARDS: All awards made by the Oklahoma City or Tulsa Workers’ Compensation Court are by law to be paid by periodic installments as determined by the Court (usually weekly). However–whenever an injured employee receives an award or settlement for permanent partial impairment related to his or her heart attack, stroke, cardiovascular, or lung injury case, the hurt worker &/or his or her attorney or lawyers, for good cause shown, may have the PPD award commuted to a lump-sum cash settlement payment by order or permission of a judge of the Workers’ Compensation Court.

OKLAHOMA PERMANENT TOTAL DISABILITY HEART ATTACK, SROKE & LUNG CASES

Unfortunately, due to the grave nature and probable ultimate outcome of heart attack, stroke and lung cases many persons sustaining these type injuries find themselves facing the prospect of never being able to re-enter the workforce again because of these conditions. In order to support themselves and those that financially depend upon them they must obtain an order from the Oklahoma City or Tulsa Workers’ Compensation Court providing a long-term, probably lifetime cash benefit, appropriately referred to as a permanent total disability check.

The Oklahoma City & Tulsa Workers’ Compensation Court has determined that for heart attack, cardiovascular, cardiac, stroke, cerebralvascular, and lung injury cases, “permanent total disability” means incapacity, because of the heart attack, stroke or lung injury, to earn any wages in any employment for which the injured employee may become physically suited and reasonably fitted by education, training or experience, including vocational rehabilitation. Basically–for an injured worker &/or his or her attorney or lawyer to prove permanent total disability status in Oklahoma, it must be established that the employee is wholly incapable of working in any meaningful way, or cannot be made capable of working in a competitive manner, all as a result of his or her heart attack, stroke or lung injury condition. One considering a worker’s PTD status in Oklahoma must keep the following additional factors in mind:

No hurt worker can be adjudicated to be permanently totally disabled until first having obtained an evaluation as to the practicability of restoration him or her to gainful employment through vocational rehabilitation services or training. The injured employee seeking a permanent total settlement &/or his or her attorney or lawyer must pay the full cost of the vocational evaluation.
If an injured employee claiming permanent total disability status unreasonably refuses to be evaluated or to accept vocational rehabilitation services or training permanent total disability benefits will not be awarded during the period of such refusal, and the hurt employee shall be limited to permanent partial impairment benefits only.
During any period when an injured 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 hurt worker will 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. received during this period.

AMOUNT & DURATION OF PERMANENT TOTAL DISABILITY BENEFITS IN OKLAHOMA: In any case where an Oklahoma worker having sustained a heart attack, cardiac, stroke or lung injury and having been further found by the Oklahoma City or Tulsa Workers’ Compensation Court to be entitled to an award of permanent total disability–such employee will be entitled to a weekly PTD check equal to seventy percent (70%) of the injured employee’s pre-injury average weekly wages, up to a statutory maximum currently set at $735. Oklahoma permanent total disability settlement awards are to be paid to the injured employee during the continuance of his or her disability and until such time as the hurt 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 injured worker dies of causes unrelated to the heart attack, stroke or lung injury–his or her weekly permanent total disability benefit will cease on the date of his or her death.

PERIODIC COURT REVIEW OF OKLAHOMA PERMANENT TOTAL HEART ATTACK, STROKE & LUNG INJURY CASES: The Oklahoma City or Tulsa Workers’ Compensation Court will every three (3) years review the status of any injured employee receiving benefits for permanent total disability in Oklahoma for his or her heart attack, stroke &/or lung injury case. Furthermore–upon request of the hurt worker’s employer &/or its insurance company or lawyer or attorney, the Oklahoma Workers’ Compensation Court will require the injured 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 of the injured worker to file such affidavit shall result in suspension of benefits.

OKLAHOMA WORKERS’ COMP HEART ATTACK, STROKE & LUNG INJURY DEATH CASES

Unfortunately many Oklahoma Workers’ Compensation heart attack, stroke and lung injury claims result in and involve the death of the injured worker. If such an injury or occupational disease is the legal cause of the death of the injured employee, weekly cash settlement checks are payable in the amount and for the benefit of the dependent relatives and other persons following, subject to the maximum limits specified thereafter:

If there is a surviving spouse, to such surviving spouse who remains unmarried, seventy percent (70%) of the average weekly wages the deceased was earning. In no event will this spousal weekly settlement income benefit be diminished by any award to other beneficiaries. In addition to any benefits previously paid or due, two (2) years’ indemnity benefit in one lump sum shall be payable to a surviving spouse upon his or her remarriage;
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 described below;
To the deceased worker’s children, if there is no surviving spouse, fifty percent (50%) of the average weekly wages the deceased employee 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 described below;
The weekly income cash settlement benefits payable to any child under Oklahoma law will cease when the child dies, marries, or reaches the age of eighteen (18), unless a child over eighteen (18) years of remains enrolled as a student in high school; is physically or mentally incapable of self-support; or is under the age of twenty three (23) and enrolled as a student in any institution of higher education.

MAXIMUM WEEKLY AMOUNT OF INCOME BENEFITS FOR DEATH: The maximum aggregate weekly income cash settlement benefits payable to all beneficiaries for a heart attack, stroke or lung injury under Oklahoma workers’ compensation law cannot exceed one hundred percent (100%) of the average weekly wages the employee was making at the time of his or her death or the state’s average weekly wage (currently set at $735), whichever is less.

LUMP-SUM CASH SETTLEMENT DEATH BENEFITS FOR OKLAHOMA HEART ATTACK, STROKE OR LUNG INJURY CASES: Oklahoma City & Tulsa Workers’ Compensation Court rules provide for the following lump-sum cash settlement benefit awards for the following beneficiaries &/or dependents:

SURVIVING SPOUSE: If there is a surviving spouse and surviving children entitled to receive death benefits under Oklahoma law, such survivors shall be entitled to an immediate lump-sum cash settlement 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.
NO SURVIVING SPOUSE: If there is no surviving spouse, but there are surviving children entitled to receive death benefits under Oklahoma law, 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.

NOTE: Any claim for a cash settlement &/or death benefits for a heart attack, stroke or lung injury case must be substantiated by the proper party dependent &/or his or her attorney or lawyer filing with either the Oklahoma City or Tulsa Workers’ Compensation Court a properly executed and authenticated PROOF OF LOSS (Oklahoma Workers’ Compensation Court FORM 20).

CASH SETTLEMENT OF TULSA HEART ATTACK, STROKE & LUNG INJURY CASES

Oklahoma City & Tulsa Workers’ Compensation Court rules provide a simple method for an injured worker on the one hand and his or her employer on the other to reach an agreement for the full, final and complete settlement of the employee’s cardiac, heart, cardiovascular &/or lung injury claim pursuant to the Oklahoma Workers’ Compensation law. Any such lump-sum cash settlement reached between the injured worker & his or her attorneys or lawyers and the employer &/or its insurance company and its attorney is memorialized and finalized on a form designated as “Compromise Settlement” which must be approved by a judge of the Oklahoma City or Tulsa Workers’ Compensation Court. In the absence of fraud, a Compromise Settlement is binding upon the parties thereto and a final adjudication of all rights pursuant to the Oklahoma Workers’ Compensation Law.

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