On The Job Injuries

• On-the-Job Injuries
• Oklahoma Workers’ Compensation
• Construction Site Accidents
• Spine & Disc Injuries
• Head & Brain Injuries
• Carpal Tunnel Syndrome
• Repetitive Motion Injury
• Shoulder, Knee & Hip Injury Cases
• Severe Burns & Disfigurement
• Heart, Lung & Cardiovascular Injury
• Vision & Hearing Loss Cases
• Tulsa Hernia Cases
• Oklahoma Workers’ Compensation Retalitory Discharge Claims
• Injuries Covered by Oklahoma Workers’ Compensation Law
• Temporary Total Disability Benefits
• Permanent Partial Disability Awards
• Permanent Total Disability Benefits
• Oklahoma Death Benefits Cases
• Your Average Weekly Wage (AWW)
• Medical, Hospital & Surgical Benefits
• Reopening Your Work Comp Case
• Uninsured Oklahoma Employers
• Vocational Rehab & Job Retraining
• Multiple Injury Trust Fund Cases
• Injuries Occurring Inside & Outside Oklahoma
• Third Party Cases & Civil Actions
• Oklahoma Workers’ Compensation Settlements
• Tulsa Workers’ Comp Court
• Oklahoma Workers Comp Appeals
• Social Security, Medicare & Your Workers’ Compensation Settlement
• Workers’ Compensation Medicare Set-aside Arrangements (WCMSAs)

Reopening Your Work Comp Case

REOPENING YOUR OKLAHOMA WORKERS’ COMPENSATION CASE

Upon timely & proper application of the injured worker &/or his or her attorneys or lawyers (or even the employer or its insurance company), on the ground of a change in conditions, the Oklahoma City or Tulsa Workers Compensation Court will review any order, award, or judgment, and on such examination, may make an award ending, diminishing or increasing the workmans compensation & benefits previously awarded, but only as to those body parts adjudicated by the previous award or as a result of a consequential injury. However–no such review by either the Oklahoma City or Tulsa Workers Comp court shall effect such award as regards any money already paid.

In a change in condition for the better changing a permanent total disability or PTD award to a permenent partial disability order, the weekly monetary benefits already paid on the permanent total disabiity award shall not be deducted from a subsequent permanent partial disability award; however, permanent partial disability awards made by the Oklahoma Work Comp Court together with temporary compensation shall not exceed five hundred (500) weeks.

TIME LIMIT FOR FILING MOTION TO REOPEN ON CHANGE/CONDITION

The jurisdiction of the Oklahoma City & Tulsa Workmans Comp Courts to reopen any cause upon an application by the injured worker &/or his or her attorney or lawyer based upon a change in condition for the worse shall only extend for three (3) years from the date of the last order &/or award, and unless filed within said period of time, shall be forever barred. Furthermore, Any order from either the Oklahoma City or Tulsa Workmens Compensation Court denying an application to reopen a claim shall not extend the period of the time set out by law for reopening the case.

EVIDENCE & PROOF NECESSARY TO REOPEN AN OKLAHOMA CASE

The injured worker &/or his or her attorneys or lawyers must ask that the Oklahoma City or Tulsa Workmens Comp Court set his or her case for trial on the issue of his or her change of condition and provide proper evidence & proof supporting any change of condition for the worse at the time of the workers compensation trial. Any doctor’s opinion or testimony submitted as evidence at the subsequent trial must show that said physician was either the attending, treating or examining physician at the time of the previous workers comp award or that the physician has personal knowledge of the injured worker’s condition at that time, or it must show that the physician or doctor has examined reports, x-rays and any other medical data referring to the hurt employee’s condition at the time of the previous award.

MANDATORY FILING FEE MUST BE PAID BY PARTY FILING MOTION TO REOPEN

A filing fee of One Hundred Thirty Dollars ($130.00) must be paid by the injured worker &/or his or her attorneys or lawyers at the time the motion to reopen is filed with the Oklahoma City or Tulsa Work Comp Court.

An action to reopen any case under the provisions of the Workers’ Compensation Act shall be assigned in the same manner as original assignments made hereunder.