Attorney Case Review

Please call 918.599.0001 or simply provide your case information. An attorney will review your case and get back to you as soon as possible.

On The Job Injuries

Tulsa Workers’ Comp Court

FILING YOUR CASE WITH THE TULSA OR OKC WORKERS’ COMPENSATION COURT

Any claim for compensation or a lump-sum cash settlement under the Oklahoma Workers’ Compensation Act can only be commenced by an injured worker &/or his or her lawyer or attorney filing with either the Tulsa or Oklahoma City Workers’ Compensation Court:

  • Form 3 for accidental injury benefits
  • Form 3A for death benefits; and
  • Form 3B for occupational disease benefits.

After an injured employee &/or his or her attorney or lawyer files a claim for compensation (Form 3, Form 3A or Form 3B), the Oklahoma City Court will mail a file-stamped copy of the claim form bearing the assigned file number to the insurance company for the hurt workers’ employer. Thereafter–the Workman’s Compensation Court will transmit all notices and correspondence to the insurance company, until an entry of appearance is filed by an attorney or lawyer for the injured worker’s employer.

The following additional forms can and will be used by the injured worker &/or his or her attorney or lawyer during the life of the case and will be discussed in further detail later in this article:

  • FORM 1X or Joint Petition (to receive a lump-sum cash settlement of the case)
  • FORM A (for the worker &/or his or her attorney or lawyer to change doctors)
  • FORM 20 (for dependents & beneficiaries to set forth their claims to the Court)
  • FORM 13 (to request a pre-hearing conference to discuss any part of case)
  • FORM 9 (injured worker or attorney’s motion to set for trial before a WCC judge)

The following additional requirments should be considered by any injured worker, attorney or lawyer filing forms, pleadings and other documents with either the Oklahoma City or Tulsa Workman’s Compensation Court:

  • Required filings pertaining to any Oklahoma City or Tulsa Workmen’s Comp case must be sent to the Workers’ Compensation Court Administrator , 1915 North Stiles Avenue, Oklahoma City, Oklahoma 73105
  • Any time limits prescribed by law are computed from the date of filing as reflected by the date of the file stamp on the document
  • When the period of time prescribed or allowed is less than eleven (11) days, intermediate legal holidays and any other day when the office of the court clerk does not remain open for public business until the regularly scheduled closing time, shall be excluded from the computation

NOTE: Oklahoma Workers’ Comp forms can be downloaded by injured workers, attorneys or lawyers from the Court’s web site at: www.owcc.state.ok.us.

REQUESTS TO SET CASE FOR TRIAL AND HEARING BEFORE THE WORK COMP COURT

Any party (i.e. injured worker, attorney, lawyer, employer, insurance company) can request a hearing or trial on any issue by filing a Form 9 with either the Oklahoma City or Tulsa Workmens Compensation Court. However, the following rules should be followed:

  • When a Form 9 is filed requesting a permanent partial or total disability settlement, the injured worker &/or his attorney or lawyer must deliver a verified or declared medical report to the insurance company’s attorney or lawyer
  • No Form 9 can be filed less than (10) days from the date the injured employee &/or his attorney or lawyer has filed his or her Form 3, Form 3A or 3B with the Workers’ Compensation Court
  • No Form 9 can be filed to request a trial on a Form 3E claim against the employer for combined disabilities until the injured worker’s claim for a permanent settlement for the last compensable injury against the worker’s employer has been adjudicated or otherwies resolved

EMPLOYER’S RESPONSE TO INJURED WORKER’S REQUEST TO SET CASE FOR TRIAL OR HEARING: An injured worker’s employer &/or its insurance company files its answer or response to the worker’s request for compensation and benefits from the Workers’ Compensation Court on its FORM 10 [ANSWER AND PRETRIAL STIPULATION OFFERED BY RESPONDENT]. As a preliminary matter it should be noted that any general denial or failure to timely file a Form 10 or Form 10M shall be taken as admitting all allegations in the injured worker’s claim form except jurisdictional issues; and

  • the extent, if any, of the injured worker’s permanent partial disability settlement, for a Form 3 or Form 3B claim; or
  • the amount due, if any, for a death case settlement.

Unless excused by the Oklahoma City or Tulsa Workers’ Compensation Court for good cause shown, denials and affirmative defenses must be asserted on the Form 10 or will be considered waived. In all cases, the injured worker’s employer &/or its insurance company or lawyer must file a Form 10 no later than thirty (30) days after the filing of the injured worker’s Form 9. The Form 10 can be amended by the employer &/or insurance company at any time, not later than twenty (20) days prior to the date of trial. The following additional rules apply:

  • No later than twenty (20) days prior to the date of trial, all parties through counsel must exchange medical reports, all documentary evidence, exhibits and a complete list of witnesses with all opposing parties and such party’s attorney or lawyer
  • Both the Form 9 and the Form 10, must list the names of all witnesses, including any expert witnesses, which the party intends to call at the time of trial. Any witness not listed shall not be allowed to testify

PREPARING & SUBMITTING MEDICAL EVIDENCE IN THE WORKERS’ COMP COURT

Expert medical testimony can be brought before the Tulsa and Oklahoma City Workers’ Compensation Court by one of three different ways by the injured worker &/or his or her attorney or lawyer:

  • A verified or declared written medical report signed by the doctor;
  • Deposition; or
  • Oral examination in open Court.

To assure its admissability before the Oklahoma Workers’ Compensation Court, any attorney or lawyer should confirm that his or her written medical evidence contains the following information:

  • A complete history of the hurt worker, including all previous relevant or contributory injuries with a detailed description of the present injury.
  • The doctor’s findings on examination, including a description of the examination and any diagnostic tests and x-rays.
  • The date and cause of the alleged injury and whether, in the doctor’s opinion, it is job-related.
  • The period during which the injured employee was temporarily and totally disabled and, if such temporary total disability has ended, the date on which it ended.
  • A finding which apportions the percentage of injured worker’s pre-existing permanent partial disability, if any.
  • Whether hurt employee is capable of returning to light duty or full duty work, and what physical restrictions, if any, should be imposed on the worker, either temporarily or permanently.
  • Whether the injured worker has reached maximum medical improvement.
  • Whether the injured employee is able to return to the claimant’s former employment or is a candidate for vocational rehabilitation.
  • Whether the claimant is in need of continuing medical care, and if so, the type of continuing medical care needed.
  • The existence or extent of any permanent impairment.
  • An apportionment of injury causation.

SPECIAL REQUIREMENTS FOR MEDICAL OPINIONS ADDRESSING COMPENSABILITY & PERMANENT PARTIAL DISABILITY SETTLEMENTS: Medical opinions concerning the existence or extent of permanent impairment must be supported by objective medical evidence of permanent anatomical abnormality, and, in appropriate cases, may include medical evidence that the ability of the employee to earn wages at the same level as before the injury has been permanently impaired. Medical opinions supporting employment as the major cause of occupational disease or age-related deterioration or degeneration, must be supported by objective medical evidence as well. The Oklahoma City and Tulsa Workers’ Compensation Court has determined that the term “objective medical evidence” includes medical testimony that rests on reliable scientific, technical or specialized knowledge, and assists the Workmans Compensation Court to understand the evidence or to determine a fact in issue.

VERIFICATION OF WRITTEN MEDICAL OPINIONS: Any medical report submitted to either the Oklahoma City or Tulsa Workers’ Compensation Court by an attorney or lawyer for substantive purposes must be verified by the doctor or contain a written declaration, made under the penalty of perjury, that the report is true. The following form of declaration has been suggested by the Oklahoma Workers’ Compensation Court: “I declare under penalty of perjury that I have examined this report and all statements contained herein, and to the best of my knowledge and belief, they are true, correct and complete.”

xxxxxxxxxxxxxxxxx

B. The party sponsoring or offering the exhibit shall prepare and provide copies for all opposing parties at its expense.

C. An opposing party who receives the exhibit shall be deemed to waive any objection as to identification or authentication of such evidence, unless, within ten (10) days of receipt thereof, said party objects in writing to the sponsoring party.

D. A party may present the exhibit to the Court appointed independent medical examiner or Court appointed vocational evaluator for review only if approved by order of the Court, prior to its submission to the independent medical examiner or vocational evaluator. If presentation of such evidence to the independent medical examiner or Court appointed vocational evaluator is not by agreement of all parties, the party wishing to present same shall request a Prehearing Conference.

E. The charges of the independent medical examiner for reviewing the exhibits for preparation of reports or at a deposition or for review in preparation for a deposition are subject to and controlled by Rule 44.

F. A party who obtains a Court order to present the exhibits to the independent medical examiner must provide copies of said evidence to all parties for their review at least three (3) calendar days before presentation to the independent medical examiner.

G. If a party is found to have willfully violated the provisions of this rule, the Court may exclude the party’s exhibits, the independent medical examiner’s report and/or deposition, and may impose other appropriate penalties or sanctions requested by opposing parties.

. All challenges to the legal sufficiency of the opposing party’s evidence shall be made by specific objection at the time of trial.

B. An objection to testimony offered by oral examination in open Court shall be made at the time the testimony is sought to be elicited.

C. Except as otherwise provided in Rule 20, an objection to medical testimony offered by a signed, written, verified or declared medical report, if on the grounds that it: (1) is based on inaccurate or incomplete history or is otherwise without probative value, or (2) does not properly evaluate claimant’s impairment or disability, as the case may be, in accordance with the Workers’ Compensation Act, shall be interposed at the same time it is offered into evidence.

D. Unless an objection is timely made, it shall be waived. Any legally inadmissible evidence that stands admitted without objection shall be regarded as admitted as part of the proof in the case.

E. When a timely made objection to offered evidence is sustained, the offering party shall be given the opportunity to elect whether to stand on the evidence offered or be given a chance to cure the defect, unless the Court finds the defect resulted from bad faith or for the purpose of delay.

Any party may raise a jurisdictional issue and request a trial thereon in advance of a trial on the merits, subject to the discretion of the Court. A finding by the Workers’ Compensation Court that it has jurisdiction does not finally determine the rights of the parties, and is not an appealable order. Hermetics Switch, Inc. v. Sales, 1982 OK 12, 640 P.2d 963. A finding by the Workers’ Compensation Court that denies jurisdiction is an appealable order, subject to de novo review by the Supreme Court. Garrison v. Bechtel Corporation , 1995 OK 2, 889 P.2d 273.

A. A claimant who desires to add additional respondent(s), shall promptly amend the Form 3, and mail a copy to all parties, including the additional respondent(s) and insurance carrier(s) named. Mailing shall constitute service upon the additional parties.

B. A respondent who desires to add additional respondent(s) shall file a Form 13 requesting a prehearing conference on the issue, and mail a copy of the Form 13 to all parties, including the additional respondent(s) and insurance carrier(s) named. The Court shall notify all parties of the date of the prehearing conference. At the prehearing conference, the Court shall hear argument, and based upon its discretion, enter its order granting or denying the request.

C. The additional respondent(s) and insurance carrier(s) shall comply with Rule 16.

D. The Court, in its discretion, may tax costs against any party who joins an additional party without reasonable grounds

Cases will be heard by a trial judge of the Workers’ Compensation Court in either Oklahoma City or Tulsa, and as otherwise provided by law. If venue is agreed upon between the parties, the Court shall be so notified by such a statement on the Form A, 9, or 13. If no agreement is reached, the Court will set the case to be heard at the most convenient location. Objections to venue shall be filed and submitted to the assigned trial judge within ten (10) days of receipt of the Notice of Trial.

B. Consolidation of cases involving the same claimant may be made for hearing purposes only at the discretion of the trial judge assigned to the lowest case number, upon request of either party. Cases consolidated for purposes of hearing only shall maintain individual case numbers and shall remain subject to a separate filing fee and costs, as set out in 85 O.S., Section 93 and Rule 28. Cases involving the same claim shall be consolidated to the lowest case number. All motions and requests to consolidate shall be set for prehearing conference prior to the entry of a Court order sustaining or overruling the motion for case consolidation.

A claimant seeking a change of physician pursuant to 85 O.S., Section 14(G) shall file an application with the Court setting out the claimant’s current treating physician, the body part for which a change of physician is sought, and a list of three physicians qualified to treat the body part named. The Court shall set the application for hearing on the Court’s next available temporary issue docket, unless otherwise directed by the assigned trial judge.

B. The respondent shall choose one of the three physicians listed by the claimant or shall file a Form 10A no later than ten (10) days after the application is filed. The Form 10A may be amended at any time not later than the hearing on the application. A reply to the Form 10A is not required. If the parties are unable to agree upon a physician from among the physicians named by the parties, or if the respondent fails to timely file a Form 10A, the Court shall appoint a physician from the Court’s list of independent medical examiners to treat the claimant’s injured body part for which the change of physician is sought.

C. The Court, in its discretion, and in the interest of justice, may continue the selection hearing upon such terms as may be appropriate

A. It is the policy of the Workers’ Compensation Court to encourage the use of alternative dispute resolution procedures for the early disposition of pending litigation. Such informal procedures can achieve the just, efficient, and economical resolution of controversies while preserving the right to a full trial on demand.

B. 1. The Court, on its own motion, upon request of any party or by agreement of the parties, may refer any case, or portion thereof, for mediation, except for disputes related to medical care under a certified workplace medical plan or claims against the Multiple Injury Trust Fund. A referral may be made at any time. More than one referral may be made in any case.

2. The order of referral to mediation shall be entered by the Court, and provided to the parties.

C. A list of mediators is available from the Court Administrator’s office. To be eligible for appointment by the Court to the list of certified workers’ compensation mediators, the individual must meet the following minimum requirements:

1. be an active or senior member in good standing of the Oklahoma Bar Association for not less than three (3) years immediately preceding the application for appointment as a mediator;

2. be knowledgeable of workers’ compensation principles and the workers’ compensation system in Oklahoma, as demonstrated by prior experience and/or education; and

3. within twelve months immediately preceding the application for appointment to the Court’s list of certified workers’ compensation mediators:

a. complete a minimum of six (6) hours of mediation training, which training is Court sponsored or has been approved by the Mandatory Continuing Legal Education Commission of the Oklahoma Bar Association, and

b. observe or have mediated a minimum of two (2) workers’ compensation mediation proceedings.

D. 1. Appointment of individuals to the list of certified workers’ compensation mediators, and maintenance and periodic validation of such list, shall be by a majority vote of the judges of the Court. Individual appointments shall be for a five-year period. Review of requests for appointment or reappointment to the list of qualified mediators shall be conducted every six months beginning January 1, 2007.

2. Certified mediators must complete at least six (6) hours of continuing education per two-year period in the areas of mediation and workers’ compensation, which education is Court sponsored or has been approved by the Mandatory Continuing Legal Education Commission of the Oklahoma Bar Association. Proof of compliance with this requirement shall be submitted to the Court Administrator. This continuing education requirement is in addition to any other general requirement which may be required by the Oklahoma Bar Association.

3. The Court shall notify a certified mediator of the end of the mediator’s five-year qualification period at least sixty (60) calendar days before the expiration of that period. Criteria for reappointment is the same criteria as for initial appointment in effect at the time of reappointment.

E. To request appointment to the list of certified workers’ compensation mediators, an individual shall:

1. Provide the following information to the Court’s Counselor Department, 1915 N. Stiles Avenue, Oklahoma City, Oklahoma 73105-4918:

a. name;

b. address;

c. telephone number;

d. profession or occupation (e.g. attorney, retired judge);

e. training and/or experience as a mediator;

f. training and/or experience evidencing knowledge of workers’ compensation principles and the Oklahoma workers’ compensation system; and

g. a statement certifying that the individual meets the minimum requirements set forth in this rule; and

2. Verify that the individual, if appointed, will:

a. complete mediation within thirty (30) days of the mediator being contacted by the parties to make appropriate arrangements for the mediation proceedings;

b. if requested by the Court, conduct not to exceed two pro bono mediations annually;

c. submit biennially to the Court Administrator written verification of compliance with the continuing education requirements of this rule;

d. accept as payment in full for services rendered as a certified workers’ compensation mediator compensation not exceeding such rate or fee as determined by the Court Administrator in Court Administrator Rule 4; and

e. comply with all applicable statutes and Court rules, including rules of the Court Administrator and all applicable standards of confidentiality and impartiality.

F. Removal of an individual from the list of certified workers’ compensation mediators shall be by request of the mediator or by a majority vote of the judges of the Court. The Court may remove an individual from the list of certified workers’ compensation mediators for cause, including, but not limited to the following grounds:

1. a material misrepresentation in information submitted to apply for appointment to the Court’s list of certified workers’ compensation mediators; or

2. refusal or substantial failure to comply with the provisions of this rule or other applicable Court rules, including rules of the Court Administrator, and statutes.

G. Nothing in this rule shall preclude the parties from agreeing to voluntarily participate in mediation by a mediator of their choice, independent of an order of this Court.

H. Final disposition of a case resolved by mediation shall be completed upon the filing of a Court approved Joint Petition or Form 14 that includes the consent to mediation form or court order of referral to mediation, as applicable, and mediation agreement. Final disposition of a case resolved by mediation may not be completed by the filing of a Form 1X or Form 26.

A. A trial judge assigned to a case, on his or her own motion or at the request of any of the parties upon the filing of a Form 13, may refer the case, or any portion thereof, to a judicial settlement conference. The settlement conference shall be conducted by any Workers’ Compensation Court Judge or an Active Retired Judge sitting by special designation for that purpose, other than the trial judge assigned to the case. The settlement judge may participate in the case in future settlement conferences, if any, and otherwise shall be disqualified from conducting or participating in any hearings, trials or three-judge panel appeals concerning the case. The setting of a settlement conference by the Court, or a request for a settlement conference by any party, shall not preclude any party from filing a Form 9.

B. The settlement judge, all counsel and parties, and any other persons attending the settlement conference shall treat as confidential all written and oral communications made in connection with or during any settlement conference. Neither the settlement conference statements nor communications during the conference with the settlement judge may be used by any party in the trial of the case. The settlement judge shall not have any communications regarding the case or the settlement conference with the assigned trial judge other than to advise the trial judge that a settlement was or was not reached.

C. At the conclusion of the settlement conference or any continuation thereof, the settlement judge shall advise the Court Administrator whether or not the case settled. If the parties reach a settlement agreement, the settlement judge may approve a Joint Petition, Form 14 Order, or Order of Dismissal, or enter such further order within the Court’s jurisdiction as may be necessary to effectuate the agreement of the parties.

A. The assigned trial judge shall set the Prehearing Conference no later than forty-five (45) days after the filing of the Form 13.

B. Nothing in this rule shall limit a party’s right to request a Pretrial Conference with the trial judge at the time of trial.

C. The Court, in its discretion, may order the appearance of any party or attorney at any Prehearing, Pretrial, or Judicial Settlement Conference before a settlement conference judge pursuant to Rule 53. Nothing in this rule shall limit the authority of a judge of the Workers’ Compensation Court to order a Prehearing, Pretrial or Settlement Conference.

D. The Court, in its discretion, in order to assist in the efficient management of the dockets, may establish additional Pretrial dockets. Except for judicial settlement conferences, all Pretrial dockets shall be governed by the rules pertaining to a Prehearing Conference.

E. Failure to appear at a conference, appearance at a conference substantially unprepared or failure to participate in good faith may result in any of the following sanctions:

1. the striking of the hearing;

2. holding the proceeding in abeyance;

3. an order entered by default;

4. assessment of expenses and fees (either against a party or the attorney individually); or

5. such other order as the Court may deem just and appropriate.

F. If during the Prehearing Conference, the trial judge finds the party seeking the Prehearing Conference has done so in an effort to delay, harass or increase costs, the judge shall assess all costs and attorney fees for such conference against the party requesting the conference.

G. All regularly scheduled conferences with the Court shall be governed by the Prehearing Conference rules of procedure as set out herein.

H. If any party requests a prehearing conference, that party must certify, on the request for prehearing conference, that the parties have conferred or attempted to confer in good faith, but sincere efforts to resolve the issue have been unavailing

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 la

Appeals to the three-judge panel may be taken by filing an original and two (2) copies of a Request for Review within ten (10) days from the date the order appealed from was filed with the Court as reflected by the date of the file stamp thereon. No party may file a Motion For New Trial, a Motion For Reconsideration or a Petition for Rehearing before the assigned trial judge. The Request for Review shall include:

1. The name of the trial judge from whose decision the appeal is taken;

2. A copy of the order appealed;

3. A specific statement of each conclusion of law and finding of fact urged as error. General allegations will not be accepted. General allegations of error include statements that the decision of the trial judge is “against the clear weight of the evidence or contrary to law.” The party or parties appealing to the three-judge panel will be bound by the allegations of error contained in the Request for Review and will be deemed to have waived all others; and

4. A brief statement of the relief sought.

B. No response to a Request for Review is necessary. A motion to Dismiss an Appeal for lack of jurisdiction based upon the time lines of the appeal, may be filed by the non-appealing party. Appeals to the three-judge panel shall be strictly on the record made before the trial court. No new evidence shall be allowed. Said Request for Review shall be accompanied by a non-refundable filing fee in the sum of One Hundred Twenty Five Dollars ($125.00).

C. A designation of record shall be filed by the appealing party and a copy submitted to the court reporter and all other parties in the case concurrently with or prior to filing a Request for Review in all actions which are appealed to the three-judge panel. The cost of preparing the transcript shall be advanced forthwith by the designating party. The transcript shall be prepared and sent to all parties to the appeal within forty-five (45) days from the date the designation of record is filed.

D. 1. Where a party believes that a memoranda brief would aid the three-judge panel in its determination, the party may submit the brief and two copies thereof to the three-judge panel on the date of oral argument. The party shall provide all opposing parties with a copy of the memoranda brief not later than three (3) days prior to oral argument.

2. Memoranda brief shall not exceed five pages in length. The brief shall be submitted on 8 ½” x 11″, paper with one inch margins and shall be double-spaced and prepared in no less than ten point type. No appendix or other documents shall be attached to the brief.

E. The Presiding Judge, or in the absence of the Presiding Judge, the judge who is the most senior in terms of service or designee, shall preside at oral argument.

F. Oral argument shall be limited to ten (10) minutes to each side unless the time is enlarged by leave of the Court. Any party failing to appear when the appeal is called for oral argument shall be deemed as having waived the right to argue the case and the appeal shall be considered as being submitted on the record. If a basis of the appeal involves medical evidence, other disputed questions of fact, or if there is controlling or significant appellate authority, three copies of the relevant document(s), relevant portions of the trial transcript, deposition testimony, or decisions shall be presented to the three-judge panel at the time of oral argument and shall be exchanged with opposing parties prior to oral argument.

G. Any party to the appeal may request a record of the oral argument proceedings. The party demanding the record shall advise the duty reporter assigned to the three-judge panel. Any party requesting that a transcript be prepared, shall bear the costs associated with the preparation. Any designation of the record for the three-judge panel shall be governed by the applicable Rules of Appellate Procedure in civil cases as adopted by the Oklahoma Supreme Court. During the pendency of an appeal to the three-judge panel, the trial court shall retain jurisdiction over any issue not affected by the eventual ruling of the appellate body. See, Waddle v. State Industrial Court, 1964 OK 169, 394 P.2d 511.

. Direct Contempt:

1. Power of the Court. The court has the power to punish any contempt in order to protect the rights of the parties and the interests of the public by assuring that the administration of justice shall not be thwarted. The trial judge has the power to cite and if necessary punish anyone who, in the judge’s presence in open court, willfully obstructs the court or judicial proceedings after an opportunity to be heard has been afforded.

2. Admonition and Warning. Censure should not be imposed by the trial judge unless:

a. it is clear from the identity of the offender and the character of his or her acts that disruptive conduct was willfully contemptuous; or

b. the conduct warranting the sanction was preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.

3. Notice of Intent to Use Contempt Power. Postponement of Adjudication:

a. The trial judge, as soon as practicable after he or she is satisfied that courtroom misconduct requires contempt proceedings, should inform the alleged offender of the judge’s intention to institute such proceedings.

b. The trial judge should consider the advisability of deferring adjudication of contempt for courtroom misconduct of a party, an attorney or a witness until after the trial, and should defer such a proceeding unless prompt punishment is imperative.

4. Notice of Charges and Opportunity to be Heard. Before imposing any punishment for contempt, the judge should give the offender notice of the charges and at least a summary opportunity to adduce evidence or argument relevant to guilty or punishment.

5. Referral to Another Judge. The judge before whom courtroom misconduct occurs may impose appropriate sanctions, including punishment for contempt, but should refer the matter to the Court Administrator for assignment to another judge, if his or her conduct was so integrated with the contempt that the judge contributed to it or was otherwise involved, or his or her objectivity can reasonably be questioned.

B. Indirect Contempt for Refusal to Comply With Subpoena.

1. Power of the Court. The court has the power to punish a witness for willful disobedience of, or willful resistance to, a subpoena lawfully issued or made by the court.

2. Attachment of a Witness for Nonattendance. When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay witness fees as provided in 85 O.S., Section 81, the trial judge before whom attendance by the witness is required may issue an attachment to the sheriff of the county where the witness resides, or where the witness may be at the time, commanding the sheriff to arrest and bring the person named in the subpoena before the trial judge at a time and place to be fixed in the attachment, to give testimony and answer for the contempt. If the attachment does not require the witness to be immediately brought before the trial judge, a sum may be fixed in which the witness may give an undertaking, with surety, for his or her appearance. Such sum shall be endorsed on the back of the attachment. If no sum for the undertaking is fixed and endorsed on the attachment, it shall be One Hundred Dollars ($100.00). If the witness is not personally served with the attachment, the court may order the witness to show cause why an attachment should not issue against him or her. Charges for service of the attachment shall be paid by the party moving the Court for an order of contempt against the witness for refusal to comply with the subpoena.

3. Punishment for Contempt. The punishment for failure of a witness to attend in obedience to a subpoena lawfully issued by the Workers’ Compensation Court shall be limited to a fine not exceeding One Thousand Dollars ($1,000.00), payable by the witness to the Workers’ Compensation Court for credit to the Administrator of Workers’ Compensation Revolving Fund created pursuant to 85 O.S., Section 95.

C. Indirect Contempt for Disobedience To Court Order. Obedience of any person to an order of the Workers’ Compensation Court, other than a subpoena to testify as a witness, may be compelled by attachment proceedings through the district court upon application of the Workers’ Compensation Court judge pursuant to 85 O.S., Section 80.

w