IN RE: THE COURT RULES OF THE WORKERS' COMPENSATION COURT

IN RE: THE COURT RULES OF THE WORKERS' COMPENSATION COURT
2008 OK 11
Case Number: SCAD-2008-14
Decided: 02/12/2008
As Corrected: February 21, 2008
THE SUPREME COURT OF THE STATE OF OKLAHOMA

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

IN RE: THE COURT RULES OF THE WORKERS' COMPENSATION COURT - YEAR 2008 AMENDMENTS

ORDER

¶1 The Court Rules of the Workers' Compensation Court as amended and approved by that Court on July 20, 2007, having been submitted to this Court for its consideration, are hereby approved.

¶2 The rules as amended are for official publication and shall become effective as of the date of this Court's approval.

¶3 The rules as amended shall be published in the Oklahoma Bar Journal two times and shall be included in the Oklahoma Bar Association E news 1 time.

¶4 By today's adoption of these rules, submitted here by the Workers' Compensation Court, this Court neither indicates what meaning should be ascribed to them in any given application nor settles their validity against challenges that may be launched on constitutional or statutory grounds, federal or state.

¶5 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE this 7th day of February, 2008.

/S/CHIEF JUSTICE

CONCUR: Winchester, C.J.; Edmondson, V.C.J.; Hargrave, Opala, Watt, Taylor, Colbert, Reif, JJ.

CONCURS IN PART, DISSENTS IN PART: Kauger, J.

WORKERS' COMPENSATION COURT RULES

PROPOSED CHANGES FOR CONSIDERATION BY THE OKLAHOMA SUPREME COURT FOLLOWING ADOPTION BY THE WORKERS' COMPENSATION COURT IN CONFERENCE ON JULY 20, 2007

NOTE: All proposed amendments are reflected as follows: deletions are noted by strikethrough and new language is highlighted by underline.

RULES 1 through 4 - No changes.

RULE 5. DATE OF FILING - STAMPING - TIME COMPUTATION

All forms filed with the Court shall be file-stamped by the Clerk on the date of receipt. Time limits prescribed by law or these rules shall be calculated 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.

RULE 6. CORRESPONDENCE WITH THE COURT; PROHIBITED COMMUNICATIONS WITH THE COURT AND COURT APPOINTED PROFESSIONALS

A. All required filings pertaining to any case shall be sent to the Workers' Compensation Court Administrator of the Workers' Compensation Court, 1915 North Stiles Avenue, Oklahoma City, Oklahoma 73105. After the case has been assigned, correspondence may be addressed to the assigned trial judge. All correspondence related to a settlement conference shall be addressed to the assigned settlement conference judge.

B.

C. 1. Direct or indirect ex parte communications with court appointed professionals regarding specific cases or claimants are prohibited except as provided in this subsection.

2. The term "court appointed professionals" shall include independent medical examiners, vocational rehabilitation counselors, case managers, psychologists and others who have been appointed by the Court to provide services or treatment to the claimant. This term also includes the office staff of the professional and any physician to whom the claimant is subsequently referred for treatment or evaluation. This term is deemed to include any physician who accepts a referral of the claimant from a court appointed professional. The term excludes a Form A physician selected pursuant to 85 O.S., Section 14(G).

3. Permitted communications are the following:

a. Joint letter of the parties requesting information or opinions from the court appointed professional after approval by the assigned judge.

b. Communication with the staff of a physician or psychologist to schedule or verify an appointment, or to authorize diagnostic testing, treatment or surgery.

c. Communications with a court appointed case manager concerning light duty issues consistent with the physician's restrictions.

d. Any communication between the claimant and the court appointed professional necessary to complete the claimant's treatment, testing or evaluation.

e. Communication between court appointed professionals.

4. Failure to comply with this subsection shall, in the discretion of the assigned judge, result in imposition of costs, citation for contempt of court, or sanctions against the offending party.

5. This subsection applies to the attorneys, agents, and employees of the parties and anyone acting in their behalf.

6. Instances of prohibited communications with a court appointed professional shall be communicated by the court appointed professional to the assigned judge and all counsel, in writing.

RULES 7 through 14 - No changes.

RULE 15. TERMINATION OF TEMPORARY COMPENSATION

A. Temporary compensation may be terminated if the worker has no claim for compensation (Form 3 or Form 3B) on file with the Court. If there is a Form 3 or Form 3B on file, the employer may terminate temporary compensation without a Court order only if one of the following events occur:

1. The claimant returns to full-time employment;

2. The claimant fails to:

a. object to the termination of temporary disability benefits as provided in 85 O.S., Section 14(A)(2), within fifteen (15) days after receipt, by the claimant's attorney of record or by the claimant if unrepresented, of written notice of the termination from the employer; or

b. object to the termination of temporary total disability benefits as provided in 85 O.S., Section 17(D)(10), within twenty (20) days after receipt, by the claimant's attorney of record or by the claimant if unrepresented, of written notice of the termination from the employer;

3. The claimant is determined by a Court-appointed independent medical examiner to be capable of returning to work and the claimant elects not to do so; provided, the Court-appointed independent medical examiner must provide a copy of the Form 5 Release to the assigned judge and all parties, when the examiner determines the claimant is capable of returning to work. Temporary total disability benefits shall cease when the claimant has reached maximum medical improvement on all body parts in dispute, is released from active medical care and can return to full or permanently restricted full duty, as indicated by the Court-appointed independent medical examiner on the Form 5 Release;

4. The claimant files a permanent disability rating report or a Form 9 requesting a hearing on permanent disability;

5. The parties voluntarily agree in writing to terminate temporary compensation;

6. The claimant dies; or

7. Any other event that causes temporary total disability benefits to be lawfully terminated under 85 O.S., Section 22 without Court order.

B. In all other instances, including the receipt of a Form 5 Release for modified light duty work from a Court-appointed independent medical examiner, temporary compensation may be terminated only by Court order. A respondent may request a hearing on the termination of temporary total disability benefits by filing a Form 13 with the Court and concurrently mailing a copy thereof to the opposing parties. The Form 13 mailed to the opposing parties shall include a copy of all evidentiary exhibits relied upon by the respondent in support of terminating temporary compensation.

C. If a respondent is found to have improperly terminated temporary compensation, the Court shall order the compensation reinstated retroactive to the date of termination and assess a fifteen percent (15%) penalty against the respondent on all unpaid benefits as of the date of the trial. The Court also may require the respondent to file a new Form 13 and show full compliance with this rule before a trial on the respondent's request to terminate temporary compensation will be conducted.

D. If the claimant objects to the termination of temporary total disability benefits, the claimant may request an expedited hearing on the issue of reinstatement of temporary total disability benefits as provided in 85 O.S., Section 17(D)(7).

RULE 16 - No changes.

RULE 17. SCHEDULING CONFLICTS INVOLVING MATTERS SET BEFORE THIS COURT

For the purpose of resolving scheduling conflicts involving matters set for consideration before this Court:

A. An attorney shall not be deemed to have a conflict unless:

1. The attorney is lead attorney in two or more of the actions affected in which the attorney has filed an Entry of Appearance; and

2. The attorney certifies in writing that the matters cannot be adequately handled, and the client's interests adequately protected, by other counsel for the party in the action or by other attorneys in the lead attorney's firm.

B. In resolving scheduling conflicts, the following priorities should ordinarily prevail:

1. Trials and en banc appellate proceedings shall prevail over administrative proceedings;

2. Trials for temporary total disability and medical treatment issues shall prevail over nature and extent trials and permanent disability trials;

3. Trials shall prevail over en banc appellate proceedings, temporary issue docket matters, prehearings, settlement conferences and mediations; and

4. En banc appellate proceedings shall prevail over temporary issue docket matters, prehearings, settlement conferences and mediations.

C. Upon learning of a scheduling conflict the attorney with the conflict shall give prompt notice and certification as required in subsection (A)(2) of this rule, at least three (3) days before the conflict, to opposing counsel and both assigned judges (or to opposing counsel, the assigned judge and the Court Administrator, if the conflict involves an administrative proceeding) along with a proposed resolution of the conflict. If the proposed resolution includes rescheduling of one or more matters it shall comply with the guidelines set forth in subsection B of this rule.

D. Upon receipt of an attorney's notice of conflict and proposed resolution, the involved judges shall confer concerning the proposed resolution and either approve same or modify as will best serve the interests of the court and parties in the discretion of the judges involved.

Any attorney with a scheduling conflict shall provide three (3) days' notice in writing to opposing counsel and all assigned judges along with a proposed resolution of the conflict. The judges affected may confer and require the parties to appear earlier than scheduled, or strike and reschedule any affected hearing, all as justice may require. Scheduling conflicts between this court and other courts is governed by the Guidelines for Resolving Scheduling Conflicts adopted by the Oklahoma Supreme Court at 1998 OK 117.

RULE 18. SCHEDULING CONFLICTS BETWEEN THIS COURT AND OTHER COURTS

For consistency with the Guidelines For Resolving Scheduling Conflicts adopted by the Oklahoma Supreme Court at 1998 OK 117, and for the purpose of resolving conflicts that arise in scheduling between this Court and other Oklahoma state courts and Oklahoma federal courts:

A. An attorney shall not be deemed to have a conflict unless:

1. The attorney is an attorney of record in the workers' compensation case, as defined in Rule 7;

2. The attorney is lead attorney in two or more of the actions affected; and

3. The attorney certifies in writing that the matters cannot be adequately handled, and the client's interests adequately protected, by another attorney for the party in the action or by other attorneys in the lead attorney's firm; certifies compliance with this rule and nevertheless has been unable to resolve the conflicts; and certifies in the notice a proposed resolution by list of such cases in the order of priority specified by this rule.

B. When an attorney is scheduled for a day certain by trial calendar, special setting or Court order to appear in two or more courts (trial or appellate/state or federal), the attorney shall give prompt written notice of the conflict, as specified in subsection (A) of this rule, to:

1. Opposing attorney(s);

2. Clerk of each court; and

3. The judge before whom each action is set for hearing (or in the case of court en banc appeals, to the presiding judge or vice-presiding judge of the Workers' Compensation Court). The written notice shall contain the attorney's proposed resolution of the appearance conflicts in accordance with the priorities established by this rule and shall set forth the order of cases to be tried with a listing of the date and data required by subparagraphs (a) through (e) below for each case arranged in the order in which cases should prevail under this rule. Attorneys confronted by such conflicts are expected to give written notice as soon as the conflict arises, but in any event at least seven (7) days before the date of the conflicted settings. In resolving scheduling conflicts, the following priorities should ordinarily prevail:

a. Criminal (felony) actions shall prevail over civil actions set for trial or appellate proceedings;

b. Jury trials shall prevail over non-jury matters, including trials and administrative proceedings;

c. Trials shall prevail over appellate arguments, hearings (including prehearings) and conferences (including settlement conferences);

d. Appellate proceedings prevail over all trial hearings, other than actual trials, (e.g. prehearings and settlement conferences); and

e. Within each of the above categories only, the action which was first set shall take precedence.

C. In addition to the above priorities, consideration should be given to the comparative age of the cases, their complexity, the estimated trial time, the number of attorneys involved, whether the trial involves a jury, and the difficulty or ease of rescheduling.

D. The judges of the courts involved in a scheduling conflict shall promptly confer, resolve the conflict, and notify attorneys of the resolution. The judge presiding over the older case (i.e. the earliest filed case) will be responsible for initiating this communication.

E. Conflict resolution shall not require the continuance of the other matter or matters not having priority. If the matter determined to have priority is disposed of before the scheduled time set, the attorney shall immediately notify all affected parties, including the court affected, of the disposal and shall, absent good cause shown to the court, proceed with the remaining case or cases which did not have priority if the setting was not vacated or already continued to another date certain.

F. Nothing in this rule is intended to prevent courts from voluntarily yielding a favorable scheduling position, and judges of all courts are urged to communicate with each other in an effort to lessen the impact of conflicts and continuances on all courts.

RULE 19 - No changes.

RULE 20. MEDICAL EVIDENCE

A. Expert medical testimony may be offered by:

1. A verified or declared written medical report signed by the physician;

2. Deposition; or

3. Oral examination in open Court.

B. The Workers' Compensation Court, recognizing that it is costly and time-consuming to have physicians appear at trial to testify, encourages the production of medical evidence by verified or declared written medical reports. The Court encourages but does not require the report to include the following information, as applicable:

1. A complete history of the claimant, including all previous relevant or contributory injuries with a detailed description of the present injury.

2. The complaints of the claimant.

3. The physician's findings on examination, including a description of the examination and any diagnostic tests and x-rays.

4. The date and cause of the alleged injury and whether, in the physician's opinion, it is job-related.

5. The period during which the claimant was temporarily and totally disabled and, if such temporary total disability has ended, the date on which it ended. If temporary total disability continues at the time of the report, the physician should so state.

6. A finding which apportions the percentage of claimant's pre-existing permanent partial disability, if any.

7. Whether the claimant is capable of returning to light duty or full duty work, and what physical restrictions, if any, should be imposed on the claimant, either temporarily or permanently.

8. Whether the claimant has reached maximum medical improvement.

9. Whether the claimant is able to return to the claimant's former employment or is a candidate for vocational rehabilitation.

10. Whether the claimant is in need of continuing medical care, and if so, the type of continuing medical care needed.

11. The existence or extent of any permanent impairment.

12. An apportionment of injury causation.

13. Any other detailed factors upon which the physician's evaluation of permanent impairment is based.

C. 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. "Objective medical evidence" includes medical testimony that rests on reliable scientific, technical or specialized knowledge, and assists the Court to understand the evidence or to determine a fact in issue.

D. The medical report must be verified or contain a written declaration, made under the penalty of perjury, that the report is true. The following form of declaration is suggested: "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."

E. A claim for compensation for permanent disability must be supported by competent medical testimony which shall be supported by objective medical evidence and which shall include an evaluation by the treating physician or an independent medical examiner, as prescribed in 85 O.S., Section 17 and these rules, stating an opinion of the claimant's percentage of permanent impairment and whether or not the impairment is job-related and caused by the accidental injury or occupational disease. The treating physician's evaluation, if any, shall be issued within fourteen (14) calendar days of the treating physician's release of the injured worker from active medical treatment and shall be sent by the treating physician to the parties within seven (7) calendar days of issuance. Unless the treating physician's evaluation is sent to the parties as required by this rule, there shall be deemed to be no treating physician evaluation.

F. 1. Within ten (10) days of receipt of the treating physician's or independent medical examiner's medical report, the party-recipient may object to the report on one or more of the following grounds, as applicable, by giving written notice to all parties and to the Court Upon receipt of the treating physician's or independent medical examiner's medical report, the party-recipient may object to the report on any of the following grounds by giving written notice to all parties and to the Court within ten (10) days or such objections shall be deemed waived:

a. object to the hearsay nature of the report and request cross-examination of the physician by deposition; or

b. object to the treating physician's medical report and request by filing a Form 13 requesting the appointment of an independent medical examiner from the Court's list of qualified examiners on the grounds that the petitioner disagrees with the findings of the treating physician; or

c. object that the findings of the independent medical examiner are unsupported by objective medical evidence. A prehearing conference for disposition of the objection by the assigned trial judge shall be scheduled upon the filing of a Form 13. The Form 13 shall be filed when the objection to the report is made. If the objection is sustained, the Court, for good cause shown, may give the independent medical examiner an opportunity to cure the defect.

2. The notice of objection shall recite the filing of a Form 13, if applicable. Unless the objection, including the request for cross-examination and any request for appointment of an independent medical examiner, is timely made as set out in this rule, the party-recipient shall be deemed to have waived any hearsay objection to the medical report and any objection that the treating physician's or independent medical examiner's findings are unsupported by objective medical evidence pursuant to 85 O.S., Section 17(A)(2) and Section 17(D)(3).

3.

G. Within ten (10) days after a hearsay objection and request for cross-examination, arrangements for the taking of the physician's deposition shall be made by the offering party; provided, however, if the objection is to an independent medical examiner's report, arrangements for the deposition shall be made as provided in Rule 28(D). The party requesting the deposition testimony of any such physician, shall be responsible for the reasonable charges of the physician for such testimony, preparation time, and the expense of the deposition.

H. Upon receipt of a notice of objection to the treating physician's report on the grounds that the petitioner disagrees with the treating physician's findings, the Court shall set the objection on the Court's temporary issue docket, unless otherwise directed by the assigned trial judge, within fifteen (15) days on the issue of appointment of an independent medical examiner. The independent medical examiner shall submit a verified written report to the parties and to the Court on whether or not the treating physician's opinion is supported by objective medical evidence. If the independent medical examiner determines the treating physician's opinion is not supported by objective medical evidence, the report shall include the independent medical examiner's opinion on the issues.

RULES 21 through 24 - No changes.

RULE 25. VOCATIONAL REHABILITATION AND CASE MANAGEMENT EVIDENCE

A. Testimony of a vocational rehabilitation expert or medical case manager shall be presented by:

1. A written verified or declared [as defined in Rule 20(D)] report signed by the vocational rehabilitation expert or medical case manager, as appropriate;

2. Deposition; or

3. Oral examination in open Court.

B. Upon receipt of an adverse party's vocational rehabilitation evaluator's report or medical case manager's report, a court-appointed vocational rehabilitation evaluator's report, or a court-appointed medical case manager's report, the party-recipient may object to the hearsay nature of the report and request cross-examination of the evaluator or case manager by deposition. The objection to the evaluator's or case manager's report must be made within ten (10) days after receipt of the report by giving written notice to all parties and attorneys of record in the case. Unless the objection and request for cross-examination is timely made as set out in this rule, the party-recipient shall be deemed to have waived any hearsay objection to the evaluator's or case manager's report. Within ten (10) days after the objection and request for cross-examination, arrangements for the taking of the evaluator's or case manager's deposition shall be made by the offering party; provided, however, if the objection were to a court-appointed vocational rehabilitation evaluator's report or to a court-appointed medical case manager's report, arrangements for the deposition and payment of such evaluator's or case manager's costs shall be made as provided in Rule 28(D). Except in the case of court-appointed vocational rehabilitation evaluators and court-appointed medical case managers, the party offering requesting the deposition testimony of any such evaluator or case manager shall be responsible for the reasonable charges of the evaluator or case manager for such testimony, preparation time, and the expense of the deposition. All other objections to the competency, relevancy and probative value of the evaluator's or case manager's report shall be raised at the time of trial or shall be waived.

RULES 26 through 42 - No changes.

RULE 43. INDEPENDENT MEDICAL EXAMINERS - REQUESTS FOR ASSIGNMENT

A. Appointment of an independent medical examiner from the Court's list of independent medical examiners is governed by this rule. Appointments shall take into account the specialty, availability and location of the examiner.

B. The Court:

1. shall randomly appoint an independent medical examiner, as provided in 85 O.S., Section 17(A)(2), if the parties are unable to agree on the selection of an independent medical examiner following receipt of a timely notice of objection to the treating physician's report. The Court shall make the appointment within fifteen (15) days of a party's request for the appointment of an independent medical examiner. The examiner shall issue a verified written report addressing the issues; or

2. shall appoint an independent medical examiner if the claimant objects to the termination of temporary total disability benefits as provided in 85 O.S., Section 17(D)(10). The examiner shall determine if further medical treatment is needed, but shall not provide any such treatment; or

3. shall randomly appoint an independent medical examiner, as provided in 85 O.S., Section 201.1(B)(5), for prior authorization purposes, within seven (7) days of a request by the employee, if the employer and employee are unable to agree on the appointment of an independent medical examiner.

C.

1. shall not have a financial interest in the claimant's award; and

2. in a case involving permanent disability, shall not be a treating physician of the injured employee or have treated the injured employee with respect to the injury for which the claim is being made or the benefits are being paid.

D.

E.

F.

G.

RULES 44 through 51 - No changes.

RULE 52. MEDIATION

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, on a standard form prescribed by the Court.

C. A list of mediators is available from the Court Administrator's office. This list initially includes all active or senior members in good standing of the Oklahoma Bar Association since at least January 1, 2003, who are determined by a majority of the judges of the Court to be knowledgeable of workers' compensation principles and the workers' compensation system in Oklahoma, as determined by prior experience and/or education, and who have exhibited knowledge or expertise in mediation principles by practice or training. Beginning January 1, 2007, to 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 in workers' compensation, 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. Requests 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.

RULES 53 and 54 - No changes.

RULE 55. JOINT PETITION SETTLEMENTS

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. When eliciting testimony for the settlement's approval, every claimant represented by an attorney must be:

a. informed of the total fee amount that will be deducted from the settlement for claimant's attorney's fee, as well as the manner in which that fee will be remitted to the lawyer;

b. asked if that amount is acceptable; and

c. advised that the claimant may either agree to the explained fee terms and waive the right to a hearing on the fee amount, or request a separate adversarial hearing on the fee amount which may be held immediately or after the settlement. The claimant's election to either waive or request a fee hearing must be recorded on the Joint Petition form.

3.

4.

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.

RULES 56 through 62 - No changes.

RULE 63. CERTIFICATE OF COVERAGE FOR INSURANCE

A. When an insurer issues a policy to provide workers' compensation benefits pursuant to the Workers' Compensation Act, the insurer immediately shall file, or cause to be filed, with the Court Administrator, a certificate of coverage. The certificate shall be in print format as follows, or may be submitted electronically to the Court in such form and manner as may be prescribed by the Court Administrator.

FRONT OF CARD

NAME OF INSURED EMPLOYER ________________________________________________

ADDRESS OF INSURED EMPLOYER'S PRINCIPAL PLACE OF BUSINESS _________________ ______________________________________________________________________________

______________________________________________________________________________

PRINCIPAL OCCUPATION OF THE INSURED EMPLOYER BY NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE - "NAICS CODE" _____________________

CARRIER _____________________________________________________________________

POLICY NO. ___________________________________________________________________

ADDRESS OF ISSUING OFFICE __________________________________________________

______________________________________________________________________________

POLICY EFFECTIVE DATE ______________________________________________________

POLICY EXPIRATION DATE______________________________________________________

FEDERAL EMPLOYER IDENTIFICATION NO. OF INSURED EMPLOYER ______________

______________________________________________________________________________

NAME OF CERTIFIED WORKPLACE MEDICAL PLAN (CWMP), IF ANY _______________ ______________________________________________________________________________

BACK OF CARD

I hereby certify that I have on this day delivered to the employer named on this card a workers' compensation certificate which covers all obligations of the insured under the Workers' Compensation Act of Oklahoma, wherever located, during the period shown on this card.

DATE ______________________________________

SIGNED BY _________________________________

TITLE ______________________________________

TELEPHONE NO. ___________________________

A certificate submitted in print format shall be on a 3" x 5" card of card stock, in 10 point type and signed by the issuing entity.

B. Any expense incurred by the Court or any party resulting from continuances necessitated by the failure of the respondent or its insurer to comply with this rule, may be assessed by the Court against the party responsible.

C. Each certified workplace medical plan shall file, and maintain, with the Court Administrator a current list of its network providers and dispute resolution form, for public disclosure. This filing requirement may be complied with by submission of the required information in writing, or electronically if approved in advance by the Court Administrator. Alternatively, the plan may notify the Administrator in writing of the appropriate InterNet web site address through which the required information may be accessed by the public electronically.

RULES 64 and 65 - No changes.

RULE 66. EFFECTIVE DATE