IN RE: THE COURT RULES OF THE WORKERS' COMPENSATION COURT - YEAR 2002 AMENDMENTS

Annotate this Case

IN RE: THE COURT RULES OF THE WORKERS' COMPENSATION COURT - YEAR 2002 AMENDMENTS
2002 OK 6
73 OBJ 371
Case Number: SCAD-2002-10
Decided: 01/22/2002
Modified: 02/05/2002
As Corrected: February 5, 2002
THE SUPREME COURT OF THE STATE OF OKLAHOMA

ORDER

¶1 The Court Rules of the Workers' Compensation Court as amended and approved by that Court on the 4th day of January, 2002, 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 March 1, 2002.

¶3 The rules as amended shall be published in the Oklahoma Bar Journal three times.

¶4 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS _22nd__ DAY OF JANUARY, 2002.

S/CHIEF JUSTICE

¶5 HARGRAVE, C.J., WATT, V.C.J., HODGES, LAVENDER, KAUGER, SUMMERS, BOUDREAU and WINCHESTER, JJ., concur.

¶6 OPALA, J., not participating.

COURT RULES OF THE WORKERS' COMPENSATION COURT

PROPOSED CHANGES FOR CONSIDERATION BY THE
OKLAHOMA SUPREME COURT FOLLOWING ADOPTION BY THE
JUDGES OF THE WORKERS' COMPENSATION COURT
IN CONFERENCE ON JANUARY 4, 2002

RULES 1 - 3: NO CHANGE

RULE 4. INSTRUMENTS DOCUMENTS AND ORDERS - SIGNATURES

A. Any instrument document, correspondence or order submitted to the Court, Court Administrator or to any trial judge thereof, shall be typed or printed legibly and shall bear the typed or printed name and the signature of the person who prepared the instrument document or correspondence; the firm name if applicable, the complete address including the zip code; the telephone number, including the area code; and the case number, if one has been assigned to the claim. If the instrument document or correspondence has been prepared by legal counsel, the counsel's Oklahoma Bar Association number shall also be listed.

B. The signature of an attorney or party constitutes the following:

1. a certification that the form, motion or other paper has been read;

2. that to the best of attorney's or party's knowledge, information and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and

3. that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

C. Any instrument document or correspondence submitted to the Court shall include a certificate of mailing to all parties.

RULE 5: NO CHANGE

RULE 6 CORRESPONDENCE WITH THE COURT

All required filings pertaining to any case shall be sent to the Court Administrator of the Workers' Compensation Court, 1915 North Stiles, Oklahoma City, Oklahoma 73105. After the claim 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.

Parties, counsel, mediators, case managers, vocational rehabilitation evaluators and medical providers shall have no ex parte communications with the assigned trial judge regarding the merits of a specific matter pending before the assigned judge of the Workers' Compensation Court. Parties and counsel shall have no ex parte communications with a Court appointed court-appointed independent medical examiner, vocational rehabilitation evaluator or case manager regarding the merits of a specific case pending before the assigned judge, unless except as necessary for purposes of the examination or evaluation, and as otherwise ordered by the Court. Nothing herein shall prohibit an insurer, own risk employer, or the attorney for same, from contacting a court-appointed independent medical examiner or court-appointed case manager for the limited purpose of authorizing diagnostic testing, treatment, and/or surgery. Nor shall it prohibit communications between a court-appointed case manager and an adjuster, attorney or party concerning light duty issues consistent with physician restrictions. Notice of such authorization contact shall be communicated in writing to the Court and all parties.

RULES 7, 8 AND 8A: NO CHANGE

RULE 9. JURISDICTIONAL ISSUES

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,

RULE 10. PRIOR PRESENTATION TO JUDGE

When a question of law, fact or procedure has been presented to a judge, the same question shall not thereafter knowingly be presented to another judge without apprising the subsequent judge of the former judge's ruling or, if no ruling has been made, that such question has already been presented in the same case to the former judge. The provisions of this rule do not apply to questions of law, fact or procedure presented to a settlement judge.

RULE 11. FORMS - PREPARATION AND ADOPTION - USE

The Court shall prepare and adopt such forms for use in matters before the Court as it may deem necessary or advisable. Whenever Court forms are prescribed and are applicable, they shall be used. Printed copies of all forms may be procured in reasonable quantities upon request to the Clerk of the Court.

The following forms have been adopted by the Court:

Form 1-a: Notice and Instructions to Employers and Employees.

Form 1-b: Employer's Application for Permission to Carry Its Own Risk Without Insurance.

Form 2: Employer's First Notice of Injury.

Form 3: Employee's First Notice of Accidental Injury and Claim for Compensation.

Form 3-a: Claimant's First Notice of Death and Claim for Compensation.

Form 3-b: Employee's First Notice of Occupational Disease and Claim for Compensation.

Form 3-e: Employee's Claim for Benefits for Combined Disabilities Against the Last Employer.

Form 3-f: Employee's Claim for Benefits from the Multiple Injury Trust Fund.

Form 4: Attending Physician's Report and Notice of Treatment.

Form 4A: Attending Physician's Progress Report.

Form 5: Physician's Release and Restrictions.

Form 7: Designation of a Service Agent.

Form 8: Acknowledgment by Employee of Receipt of Compensation Payment.

Form 9: Motion to Set for Trial.

Form 10: Answer and Pretrial Stipulation Offered by Respondent.

Form 10M: Response to Request for Payment of Charges for Medical Health or Rehabilitation Services.

Form 11: Motion to Terminate Temporary Compensation.

Form 13: Request for Prehearing Conference.

Form 14: Agreement between Employer and Employee as to Fact with Relation to an Injury and Payment of Compensation.

Form 17: Disclosure Statement.

Form 18: Request for Administrative Review of Medical Charges.

Form 19: Part I. Request for Payment of Charges for Medical Health or Rehabilitation Services.

Part II. Notice of Appeal of Administrative Order.

Form 20: Proof of Loss in Death Claim.

Form 93: Application and Order For Leave to Withdraw as Attorney of Record.

Form 99: Pauper's Affidavit.

Form 100: Application and Order for Dismissal.

Form 463: Application for Physicians Seeking Appointment as an Independent Medical Examiner.

Form 626:

Form 862: Application for Vocational Rehabilitation Evaluator.

Form A:

Appointment of Independent Physician or Rehabilitation Evaluator.

Joint Petition.

RULE 12: NO CHANGE

RULE 13 COMMENCEMENT OF CLAIM AND DESIGNATION OF A SERVICE AGENT

A. A proceeding for compensation under the Workers' Compensation Act shall be commenced by filing, in triplicate, an executed notice form that includes the employer's Federal Employer Identification Number. The following forms shall be used, as appropriate:

1. Form 3 for accidental injury benefits;

2. Form 3-a for death benefits; and

3. Form 3-b for occupational disease benefits.

B. A proceeding under Court Rule 24, to address payment of disputed health service expenses (physician's fees, hospital costs, etc.) shall be commenced by filing a Form 18 or 19. A proceeding under Court Rule 24 to address disputed vocational rehabilitation expenses or medical case management expenses shall be commenced by filing a Form 19. A Form 9 shall be filed to request a hearing on a Form 19 dispute.

C. When the claimant files a notice of claim form initiating a proceeding (Form 3, Form 3-a or Form 3-b), a copy of that notice of claim form bearing the assigned case number and the filing date shall be mailed by the Court to a single service agent of the self-insured employer, group self-insurance association, insurance carrier or State Insurance Fund CompSource Oklahoma which shall be designated on a Form 7 and filed with the Court. The Court shall send all notices and correspondence to the service agent designated on the Form 7, until an Entry of Appearance is filed pursuant to Rule 7. If no service agent is designated on the Form 7, notices and correspondence shall be sent to:

1. the signatory on the self-insurance application, if the insurer is a self-insured employer;

2. the Administrator of the group self-insurance association, if the insurer is a group self-insurance association;

3. the person designated to receive notice of service of process for an insurer as provided in

4. the Commissioner of the State Insurance Fund CompSource Oklahoma, if the insurer is the State Insurance Fund CompSource Oklahoma; or

5. the service agent on file with the Secretary of State, if the insurer is a domestic insurance carrier.

D. If the employer is uninsured or the Court cannot determine insurance coverage, notices and correspondence shall be sent by certified mail to the employer's last known address.

RULE 13A. CLAIMS AGAINST MULTIPLE INJURY TRUST FUND

A. A claim against the Multiple Injury Trust Fund shall be commenced by filing, in triplicate, an executed Form 3-f, Employee's Claim for Benefits from the Multiple Injury Trust Fund. The Form 3-f shall list each of the claimant's prior adjudicated claims, the date of each injury, the Court claim number and the percentage of disability awarded for each injury. If the claimant claims a pre-existing obvious and apparent disability, the disability shall be fully described on the Form 3-f, but no percentage of impairment need be included. A Form 9 shall be filed to request a hearing.

B. At the time of filing the Form 3-f, the claimant or the claimant's attorney shall certify that a true and correct copy thereof has been mailed to the Multiple Injury Trust Fund.

C. The notation on the Form 3 or 3-b that the claimant is a previously impaired person shall not be deemed to commence a claim against the Multiple Injury Trust Fund. The Form 3-f must be filed in the claim in which benefits are sought and shall use that same Court claim number.

D. All requests by the Multiple Injury Trust Fund for the appointment of an independent medical examiner shall be governed by

RULE 13B. CLAIMS AGAINST LAST EMPLOYER FOR COMBINED DISABILITIES

A. A claim against the last employer for combined disabilities shall be commenced by filing, in triplicate, an executed Form 3-e, Employee's Claim for Benefits for Combined Disabilities Against the Last Employer. The Form 3-e shall list each of the claimant's prior adjudicated claims, the date of each injury, the Court claim number and the percentage of disability awarded for each injury. If the claimant claims a pre-existing obvious and apparent disability, the disability shall be fully described on the Form 3-e, but no percentage of impairment need be included. A Form 9 shall be filed to request a hearing.

B. At the time of filing the Form 3-e, the claimant or the claimant's attorney shall certify that a true and correct copy thereof has been mailed to the last employer or its counsel.

C. The notation on the Form 3 or 3-b that the claimant is a previously impaired person shall not be deemed to commence a claim against the last employer for combined disabilities. The Form 3-e must be filed in the claim in which benefits are sought and shall use that same Court claim number.

D. All requests for the appointment of an independent medical examiner shall be governed by

RULE 14: NO CHANGE

RULE 15. TERMINATION OF TEMPORARY COMPENSATION AND MEDICAL BENEFITS

A. The employer may terminate temporary compensation whether begun voluntarily or by order, without a new order of the Court in the event:

1. The employee has not filed either a Form 3 or Form 3-b with the Court;

2. The employee returns to full-time employment with that employer;

3. The claimant files a permanent disability rating report; or

4. The parties voluntarily agree in writing that such payments may terminate.

B. If the court-appointed independent medical examiner determines that the employee is capable of returning to work and the claimant elects not to do so, temporary total disability and medical benefits shall cease, unless otherwise ordered by the Court, as follows:

1. The court-appointed independent medical examiner shall provide a copy of the Form 5 Release to the assigned Judge and mail a copy of the Form 5 to the employee and all opposing parties, when the examiner determines the claimant is capable of returning to work.

2. Temporary total disability benefits shall cease when the employee 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 on the Form 5 Release, from the court-appointed independent medical examiner.

3. In the event the employee objects to the cessation of temporary total disability benefits, the employee may request a an expedited hearing on the issue of reinstatement of temporary total disability benefits as provided in

C. In all other events, including the receipt of a Form 5 Release for Light Duty Work from a court-appointed independent medical examiner, temporary compensation may be terminated only as follows:

1. The employer shall file its Form 11, Motion to Terminate Temporary Compensation, with the Court and mail a copy thereof to the employee. If the employer's request to terminate is based upon the written medical report or a Form 5 of a physician who indicates the employee has been released from the physician's professional care and is able to return to work, a copy of that report or of the Form 5 shall be mailed to opposing parties. The Form 11 shall contain a statement that the report or Form 5 was mailed to opposing parties.

2. If the employee objects to the employer's termination of temporary compensation, the employee shall have fourteen (14) days from the date the employer's Form 11 is filed with the Court to object to the termination of temporary compensation by the filing of a Form 9, Motion to Set for Trial. The claimant must file the Form 9 with the Court and mail a copy thereof to the employer or its insurance carrier. The employee shall state on the Form 9 specific reasons for the objection to the termination of temporary compensation.

3. If the employee's objection to the termination of temporary compensation is based upon a medical report to be offered by the employee at trial, a copy of the report shall be delivered to opposing parties, not later than fifteen (15) days from the date of the filing of the Form 9 objecting to the termination of temporary total disability. Unless the objection has been filed by the employee within the above fourteen (14) day period and the medical report is delivered to opposing parties not later than fifteen (15) days after the filing of a Form 9, the employer may terminate temporary compensation retroactively to the date the Form 11 was filed with the Court. If the claimant timely delivers a copy of a current medical report to opposing parties, temporary total disability benefits shall continue until further order of the Court.

4. The Form 11, Motion To Terminate Temporary Total Disability, shall be set on a temporary issue docket on a priority basis. The employer shall continue to pay temporary compensation until further order of the Court even if this occurs after the requested trial. The employer shall be entitled to receive credit for any overpayment of temporary compensation against any subsequent order for permanent compensation.

5. If the employer fails to continue payment of temporary compensation benefits after a Form 9 has been properly filed, the trial judge shall, at the time of trial, order the reinstatement of such benefits retroactive to the date benefits were terminated because of the employer's failure to follow this Court Rule rule. A fifteen percent (15%) penalty on all unpaid benefits shall be assessed against the employer at the date of trial. Further, the employer shall be required to file another Form 11 and fully comply with this Rule rule before a trial on the Motion to Terminate Temporary Compensation will be conducted.

RULES 16, 17 AND 18: NO CHANGE

RULE 18A. SUBMISSION OF CASES

All cases set for trial shall be tried and fully submitted for decision on the date of the trial, except those cases requiring an independent medical examiner or in which a party has elected to cure a defect in evidence pursuant to Rule 23, and in such other cases as the Court, in its discretion, may determine. Any party who is unable to submit the case on the date of trial shall advise the assigned judge prior to the commencement of the trial.

RULE 18B. 18A. SCHEDULING CONFLICTS BETWEEN TULSA AND OKLAHOMA CITY LOCATIONS OF THIS COURT

For the purpose of resolving conflicts that arise in scheduling between the Tulsa and Oklahoma City locations of this Court:

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

1. The attorney is lead counsel 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 lead counsel'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.

RULE 18C. 18B. SCHEDULING CONFLICTS BETWEEN THIS COURT AND OTHER COURTS

For consistency with the Guidelines For Resolving Scheduling Conflicts adopted by the Oklahoma Supreme Court at

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 counsel 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 other counsel for the party in the action or by other attorneys in lead counsel'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 counsel;

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 counsel 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. MOTIONS TO SET AND PRETRIAL STIPULATIONS

A. Any party may request a trial on any issue by filing a Motion to Set for Trial (Form 9). When a Form 9 is filed on the issues of permanent partial disability (PPD) or permanent total disability (PTD), the claimant shall deliver a verified or declared medical report to opposing counsel. The name of the physician and the date of the report shall be noted on the Form 9. No Form 9 may be filed less than ten days from the date the claimant has filed a Form 3, 3-a, or 3-b with the Court. No Form 9 may be filed to request a trial on a Form 3-e claim against the employer for combined disabilities until the claimant's claim for compensation for the last compensable injury against the employer has been adjudicated or otherwise resolved.

B.All Except for objections to termination of temporary total disability made pursuant to

C. The procedure to request a trial for the termination of temporary compensation is set out fully in Rule 15.

D. In all cases, the respondent shall file a Form 10 or Form 10M no later than thirty (30) days after the Motion to Set for Trial was filed. The Form 10 or Form 10M may be amended at any time, not later than twenty (20) days prior to the date of trial.

E. No later than twenty (20) days prior to the date of trial, all parties shall exchange medical reports, all documentary evidence, exhibits and a complete list of witnesses with all opposing parties.

F. Both the Motion to Set for Trial and the Pretrial Stipulations shall 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 on the appropriate form shall not be allowed to testify. Failure to comply with this Rule rule shall result in the exclusion of the evidence submitted at the time of trial.

G. Upon receipt of a Motion to Set for Trial (Form 9), the respondent may make arrangements for the claimant to undergo a medical examination by a physician of its own choosing. The claimant shall appear at such examination, provided the respondent has furnished the claimant with reasonable advance notice and statutory travel expenses. Mileage and necessary lodging expenses are limited to the provisions of the State Travel Reimbursement Act, 74 O.S., Section 500.1 et. seq. Meals will be reimbursed at the rate of six dollars ($6.00) per meal per four hours of travel status, not to exceed three meals per day. Travel expenses paid to the claimant shall include only expenses for travel from the residence of the claimant at the time of the examination, not to exceed 600 miles round trip. The respondent shall not be liable for travel which is wholly within the limits of the city or town of the claimant's residence. Exceptions to this subsection shall be at the discretion of the Court.

H. If the claimant refuses to appear at an examination by a physician of the respondent's choosing, the respondent may file a Form 13, Request for Prehearing Conference, requesting that claimant's Request for Hearing (Form 9) be held in abeyance until the examination is completed. The Court shall docket the request for a Prehearing Conference, at which time, the claimant shall show cause why the case should not be held in abeyance. The Court, in its discretion, may assess the cost of the examination against the claimant refusing to appear for the examination. In addition, if the case is held in abeyance, the Court shall order that no compensation shall be payable for the period of such refusal.

I. The provisions of this rule may be excused by the Court for good cause shown.

RULE 19A: NO CHANGE

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

8. Whether the employee has reached maximum medical improvement.

9. Whether the employee is able to return to the employee'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 nature and 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 addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty.

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."

RULE 20A: NO CHANGE

RULE 21. AMA GUIDES

A. Except as otherwise provided in Rules 32 and 33, a physician's evaluation of the extent of permanent impairment shall be prepared in substantial compliance with the AMA Guides to the Evaluation of Permanent Impairment.

B. The Third Edition of the AMA Guides shall be used to rate permanent impairment as a result of injuries occurring on or after January 1, 1989.

C. The Third Edition Revised of the AMA Guides shall be used to rate permanent impairment as a result of injuries occurring on or after May 1, 1991.

D. The Fourth Edition of the AMA Guides shall be used to rate permanent impairment as a result of injuries occurring on or after November 1, 1993. When applicable, the 4th Edition of the Guides shall apply to examinations conducted through June 19, 1994.

E. The 4th Edition of the Guides with the following deviation shall apply to all examinations conducted on or after June 20, 1994: When determining spinal impairment, a physician shall not utilize the Injury or Diagnosis Related Estimates (DRE) models, including the DRE Tables, as set forth in Chapter Three, "The Musculoskeletal System."

F. The Physician Advisory Committee's recommendation for the adoption of the 5th Edition of the Guides in its entirety, except for the Diagnosis-Related Estimates (DRE) Method and the DRE tables set forth in Chapter 15, "The Spine," which was adopted by the Court Administrator on February 6, 2001, shall become operative as provided in 85 O.S., Sections 3 and 22, unless disapproved in whole by the Legislature during the 2001 legislative session shall be used to rate permanent impairment as a result of injuries occurring on or after June 28, 2001.

G. The examining physician shall not follow the guides based on race or ethnic origin.

H. The provisions of subsections A, B, C, D, E, F and G of this Rule rule shall not apply to scheduled members enumerated in

I. Injuries occurring prior to January 1, 1989 are to be evaluated by the following editions of the Guides:

Injuries occurring prior to July 1, 1978 are to be evaluated based upon the claimant's ability to perform "ordinary manual labor."

Injuries occurring on or after July 1, 1978 through October 31, 1984 - First Edition.

Injuries occurring on or after November 1, 1984 through December 31, 1988 - Second Edition.

J. Evaluations of permanent impairment which are prepared in support of a Motion for Change of Condition shall be performed in compliance with the edition of the AMA Guides and , including approved deviations and exceptions thereto, in effect on the date of injury.

RULE 22. 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(C) 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 of 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 36(D). Except in the case of court-appointed vocational rehabilitation evaluators and court-appointed medical case managers, the party offering 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.

RULE 23: NO CHANGE

RULE 24. DISPUTES REGARDING PAYMENT FOR MEDICAL
HEALTH OR REHABILITATION SERVICES

A. General: Disputes regarding payment for medical health or rehabilitation services rendered pursuant to the Workers' Compensation Act may be addressed as set out in this rule. A Form 18 proceeding is an administrative review of disputed medical charges. A Form 19 proceeding may involve judicial resolution of disputed medical charges for health services. Mediation refers to a voluntary process of resolving disputes with the assistance of a mediator outside of a formal court proceeding.

B. Jurisdictional requirement: No Form 18 or Form 19 will be processed by the Workers' Compensation Court unless a Form 2, 3, 3-a or 3-b is filed with the Court; provided, a Form 18 may be processed if the payor's legal representative executes and provides the Court with a submission to limited jurisdiction. The Court has no jurisdiction to hear and resolve disputes where a written contract exists between the employer or insurance carrier and any medical provider, pursuant to

C. Payment of Charges: All charges which comply with the Schedule of Medical and Hospital Fees should be paid by the uninsured or own risk employer or insurance carrier within thirty (30) days of the employer's or carrier's receipt of the bills from the provider. Failure to offer payment of charges within sixty (60) days of receipt of the bills may limit the applicability of the Schedule of Medical and Hospital Fees.

D. Form 18 Proceedings:

1. Disputes arising after a medical charge has been paid, involving conflicting interpretations of the Schedule of Medical and Hospital Fees may be addressed by filing a Form 18, Request for Administrative Review of Medical Charges, as provided in Rule 1 of the Rules of the Administrator of the Workers' Compensation Court.

2. Either party aggrieved by the Administrator's order directing or denying the payment of medical charges may appeal such order to a judge of the Workers' Compensation Court by filing a Form 19 and a Form 9 within ten (10) days after the Administrator's order is entered. The Form 19 must be appropriately marked to indicate that it is being used to appeal the Administrator's order. The following shall be attached to the Form 9 when filed:

a. A copy of the administrative order appealed from;

b. Copies of all materials submitted to the Administrator in the administrative review proceedings;

c. A statement identifying each portion of the Administrator's order claimed to be in error; and

d. An explanation of how each portion of the Administrator's order urged in error conflicts with the Schedule of Medical and Hospital Fees.

The appealing party must mail a copy of all materials which are filed in the appeal to each opposing party. No response to the appeal of the Administrator's order is required.

E. Form 19 Proceedings:

1. A rehabilitation provider, case manager or a medical provider may institute proceedings to recover charges rendered for rehabilitation or health care services, medicines or supplies which have been provided to a claimant, by the filing of a Form 19, Part 1. I. Request for Payment of Charges or Medical or Rehabilitative for Health or Rehabilitation Services if the provider has not received payment within sixty (60) days from the date the charges were submitted to the uninsured or own risk employer or insurance carrier. A Form 19 may also be filed if the uninsured or own risk employer or insurance carrier has refused liability for the payment of the charges on the following grounds:

a. Length of treatment;

b. Necessity of treatment;

c. Unauthorized physician under 85 O.S., Section 14

d. Denial of compensability of the claimant's accidental injury or occupational disease; or

e. Any other objection requiring a judicial determination for resolution.

2. A provider may request a trial for a determination of the issues raised on the Form 19 by filing a Form 9. The provider shall mail a copy of the Form 9, together with a copy of the Form 19 and itemized bill(s), to the uninsured or own risk employer or insurance carrier in the case. The uninsured or own risk employer or insurance carrier shall file a Form 10M no later than thirty (30) days after the Form 9 is filed.

3. A medical report signed by a physician shall be offered by both parties in any claim made for the payment or non-payment of medical services when the dispute involves the necessity of the medical services, including claims for treatment rendered in excess of the length of treatment authorized by the Schedule of Medical and Hospital Fees provided for in 85 O.S., Section 14. Medical reports shall be offered by both parties in any claim made for complex treatment rendered beyond the limitation provided in the Schedule of Medical and Hospital Fees.

4. Audits of medical bills to determine the amount allowable under the appropriate Schedule of Medical and Hospital Fees may be offered by either party. Audits prepared by billing review services, medical bill audit services or in-house auditors may be submitted as evidence reflecting the methodology of the application of the Schedule of Medical and Hospital Fees. The Schedule of Medical and Hospital Fees sets maximum amounts allowable but does not prohibit a party from asserting a lesser amount should be paid.

5. Form 19 hearings may be scheduled periodically for the Administrator's docket to determine the status of the payment of disputed rehabilitation, case management and medical charges. If the rehabilitation, case management or medical charges are not paid before the hearing or the parties are unable to resolve the dispute at the hearing, the dispute shall be assigned to a judge of the Workers' Compensation Court for hearing on the same date. All parties involved in a Form 19 hearing shall be prepared for trial on such disputed charges.

F. Appearances: Providers may appear before the Court in person, by counsel licensed to practice law in the State of Oklahoma or by licensed legal interns. Corporate entities, limited liability companies, insurance companies and own risk employers may appear only by counsel.

G. Mediation: Mediation shall be governed by Court Rule 52 56 and Rule 4 of the Rules of the Administrator of the Workers' Compensation Court.

RULES 25 THROUGH 32: NO CHANGE

RULE 33. EYE IMPAIRMENT

The State Industrial Court previously had published the Snellen Chart as the criteria for measuring and calculating the percentage of eye impairment in a single eye. This method of rating eye injuries has been accepted and approved by the Ophthalmological Section of the American Medical Association. Physicians may continue to use these criteria in the future. The Workers' Compensation Act provides, in

The physician should consult with the "Guides" regarding the equipment necessary to test the function of eyes and for the methods of evaluation. The following Snellen Chart may then be used for computing the percentage of visual efficiency. It should be noted that all measurements shall be based upon uncorrected vision.

The Court recognizes that visual acuity for distance and near is only one of the functions of the eye. Therefore, the physician may wish to consider the visual fields and ocular motility with absence of diplopia. Evaluation of visual impairment may be based upon all three of these functions. Although they are not equally important, vision is imperfect without the coordinated function of all three.

A physician may deviate from this method of evaluation or may use some other recognized method of evaluation PROVIDED the deviation or the method of evaluation is fully explained.

Case law in the State of Oklahoma has defined industrial blindness as being 20/200. Therefore, the Court has modified the Snellen Chart to show 100 percent loss to an eye at 20/200 even though the Chart would normally show such loss to be 80 percent. Likewise, it is not necessary to show the percentage loss of vision above 20/200 since there can be no loss greater than 100 percent.

SNELLEN CHART

Snellen Notation

for distance

Snellen Notation

for near

Percentage of Visual Efficiency

Percentage Loss of Vision (Okla.)

Comp. Rate in Weeks (Okla.)

For injuries occurring on or after from 11-1-97 to 12-31-01, inclusive

Comp. Rate in Weeks (Okla.)

For injuries occurring in calendar year 2002

Comp. Rate in Weeks (Okla.) For injuries occurring on and after

1-1-03

20/20

14/14

100.0

0.0

20/25

14/17.5

95.7

4.3

8.6

8.3

11.31

11.83

20/30

14/21

91.7

8.5

17.0

16.3

22.36

23.38

20/35

14/24.5

87.5

12.5

25.0

25.7

32.88

34.38

20/40

14/28

83.6

16.4

32.8

35.0

43.13

45.10

20/45

14/31.5

80.0

20.0

40.0

43.7

52.60

55.0

20/50

14/35

76.5

23.5

47.0

53.5

61.81

64.63

20/60

14/42

69.9

30.0

60.0

72.5

78.90

82.50

20/70

14/49

64.0

36.0

72.0

89.8

94.68

99.0

20/80

14/56

58.5

41.5

83.0

105.4

109.15

114.13

20/90

14/63

53.4

46.6

93.2

120.0

122.56

128.15

20/100

14/70

48.9

51.1

102.2

132.7

134.39

140.53

20/120

14/84

40.9

59.1

118.2

151.9

155.43

162.53

20/140

14/98

34.2

65.8

131.6

168.0

173.05

180.95

20/160

14/112

28.6

71.4

142.8

181.4

187.78

196.35

20/180

14/126

23.9

76.1

152.2

192.7

200.14

209.28

20/200

14/140

20.0

100.0

(Ind. (Industrial Blindness)

200.0

250.0*

263.0

275.0

Per the 263 week maximum established in

Per the 275 week maximum established in

RULE 34. DISPUTED COUNSEL FEES - WITHDRAWAL OF ATTORNEY - CHANGE OF ADDRESS

A. When a dispute arises among several counsel as to the identity of claimant's attorney of record, or when several successive counsel lay claim to a fee in the same case, the trial judge shall decide the issues raised and allocate the fee allowed in proportion to the services rendered.

B. 1. Before any attorney may withdraw as counsel from a Workers' Compensation Court case, the attorney shall obtain leave of Court to withdraw, for good cause shown.

2. The attorney filing the Application for Leave to Withdraw as Attorney of Record shall send a copy of the application to the attorney's client and to all attorneys of record. All applications shall be signed by the party on whose behalf the attorney has previously appeared or contain a certificate of the movant attorney that:

a. the client has knowledge of and has approved or refused to approve the withdrawal; or

b. the attorney has made a good faith effort to notify the client and the client cannot be located.

3. In all cases, the moving attorney shall certify whether or not:

a. the case is set for trial or settlement conference;

b. the case is pending for an order;

c. the case is pending on appeal;

d. a permanent total disability order has been entered; or

e. a death claim order has been entered.

4. All applications to withdraw shall include an order for the Court.

5. A Form 93 has been adopted by the Court that may be used for this purpose.

6. The filing of an Application and Order For Leave to Withdraw on a Form 93 provided for this purpose, does not perfect an attorney lien.

C. Any attorney of record shall give notice of a change of address by mailing to the docket office, a copy of the letterhead containing the new address and a list containing the Oklahoma Bar Association number of each attorney member of the firm who regularly appears in Court. A party acting pro se shall mail notice of the change of address to the docket office. Attorneys of record who change firms shall notify the Court of the status of the representation of their clients, and shall immediately withdraw, when appropriate.

RULE 35: NO CHANGE

RULE 36. COSTS

A. The cost of taking a deposition shall be borne, in the first instance, by the deposing party except as otherwise provided. A party desiring to have deposition or other taxable costs taxed to the opposing party in the case must file a motion to tax costs.

B. The fee of Seventy-five Dollars ($75.00) assessed by the Court Administrator pursuant to

C. A fee of Seventy-five Dollars ($75.00) per action to reopen any case shall be collected by the Court Administrator, pursuant to

D. When a hearsay objection and request for cross-examination is timely filed to the medical report of a court-appointed independent medical examiner or to , a court-appointed vocational rehabilitation evaluation report, or to a report of a court-appointed medical case manager, the claimant is responsible for scheduling the deposition regardless of which party objects. The respondent shall choose the court reporter. All costs associated with a deposition of a court-appointed independent medical examiner or of a, court-appointed vocational rehabilitation evaluator, or court-appointed medical case manager shall be borne by the respondent regardless of which party asserts a hearsay objection.

RULE 37: NO CHANGE

RULE 38. PREHEARING, PRETRIAL AND SETTLEMENT CONFERENCES

A. Any party who has previously filed a Motion to Set for Trial may request a Prehearing Conference before the assigned trial judge.

B. The assigned trial judge shall set the Prehearing Conference no later than forty-five (45) days after the filing of the Motion to Set for Trial.

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

D. The Court, in its discretion, may order the appearance of any party or counsel at any Prehearing, Settlement or Pretrial, or Judicial Settlement Conference before a settlement conference judge pursuant to Rule 38A. Nothing in this Rule rule shall limit the authority of a judge of the Workers' Compensation Court to order a Prehearing, Settlement or Pretrial or Settlement Conference.

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

F. 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.

G. 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.

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

I. 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.

RULE 38A. JUDICIAL SETTLEMENT CONFERENCE

A. Judicial Settlement Conference; Power of the Court: Upon the request of any of the parties for a settlement conference, or upon the court's own motion after issues have been identified and where the court believes a settlement conference might assist the parties in resolving any issue in dispute, the assigned trial judge may enter an order referring the case for a judicial settlement conference. The final decision as to whether to order a settlement conference rests within the discretion of the assigned trial judge. All requests made by a party for a settlement conference shall be set for a prehearing conference before the assigned trial judge.

B. Purpose: The purpose of the judicial settlement conference is to permit an informal discussion between the attorneys, parties, and the settlement judge on every aspect of the case bearing on its settlement value in an effort to resolve the matter before trial.

C. Referral and Scheduling: Upon referral by the assigned trial judge, the Administrator shall assign a Workers' Compensation Court Judge as the settlement judge for the case. 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 assigned settlement judge only may participate in the case in future settlement conferences, if any, and otherwise shall be disqualified from conducting or participating in any trials or three-judge panel appeals concerning the case. The Administrator shall coordinate the scheduling of the settlement conference with the settlement conference judge and thereafter send notice to the parties setting forth the date, time and location for the settlement conference. 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 Motion to Set for Trial.

D. Attendance Requirements:

1. When the parties are represented by counsel, an attorney fully knowledgeable about the facts of the case (generally the attorney who will try the case) shall appear, and shall be accompanied by one with full settlement authority. For the claimant this will generally be the claimant (except where the claimant is a minor or the personal representative of a decedent). For the respondent who has insurance this will be a claims adjuster. For own risk employers, or employers with no insurance this will be a person empowered with authority to enter into binding settlements. Governmental entities and boards shall send a representative and counsel who, together, are knowledgeable about the facts of the case and the governmental unit's or board's position, and have, to the extent feasible, authority to settle.

2. Only the assigned settlement judge may excuse attendance of any attorney, party or party representative. Any party excused from attending in person may be required to be available by telephone for participation if required. Failure to attend the settlement conference or failure to cooperate fully, may result in the imposition of sanctions in accordance with Rule 38(F).

E. Settlement Conference Process:

1. Prior to the settlement conference, the parties should discuss settlement with their respective clients and opposing counsel (or pro se parties) so that the issues and bounds of settlement have been explored in advance of the settlement conference.

2. The parties, their representatives and attorneys are required to be completely candid with the settlement judge so that the judge may properly guide settlement discussions. Pertinent evidence to be offered at trial, documents or otherwise, may be brought to the settlement conference for presentation if particularly relevant.

F. Authority of Settlement Judge: The settlement judge may excuse attendance of any attorney, party or party's representative; meet jointly or individually with counsel, alone or with parties or persons or representatives interested in the outcome of the case without the presence of counsel; and issue such other and additional requirements as shall seem proper, including follow-up sessions telephonically or otherwise, if in the discretion of the settlement judge it is deemed likely to expedite an amicable resolution of the case.

G. Confidentiality: 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.

H. Conclusion of the Settlement Conference: 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 shall have the authority to approve a Joint Petition, Form 14 Order, or Order of Dismissal, or enter such further order within its jurisdiction as may be necessary to effectuate the agreement of the parties.

RULES 39 THROUGH 46: NO CHANGE

RULE 47. MEDICAL CASE MANAGERS - REQUESTS FOR ASSIGNMENT

RULE 48. MEDICAL CASE MANAGERS - APPOINTMENTS

RULE 49. MEDICAL CASE MANAGERS - REVOCATION OF APPOINTMENT

RULE 50. MEDICAL CASE MANAGERS - APPLICATION RENEWAL PROCESS

RULE 51. APPLICATION FOR CHANGE OF PHYSICIAN

RULE 47. 52. INJURY BY NEGLIGENCE OR WRONG OF NONEMPLOYEE -
NOTIFICATION OF ELECTION OF REMEDIES

If an employee who is entitled to claim workers' compensation benefits is injured by the negligence or wrong of another not in the same employ (as further specified in

RULE 49.

Active retired judges assigned to the Workers' Compensation Court by the Chief Justice of the Oklahoma Supreme Court shall perform such duties and responsibilities as authorized by law, and as a majority of the judges of the Workers' Compensation Court may prescribe.

RULE 50. 54. MOTION TO REVOKE INSURANCE LICENSE

Motions to revoke or suspend the insurance license of any carrier, pursuant to

RULE 51. 55. PHOTOGRAPHS, AUDIO TAPES AND VIDEOTAPES

A. Videotapes, audio tapes and photographs offered at trial are "exhibits" and must be endorsed on pleadings and exchanged with all other parties at least twenty (20) days prior to the trial date, as specified in Rule 19(E)(F). Videotapes, audio tapes and photographs are to be exchanged among the parties and not filed with the Court prior to the trial date.

B. The party sponsoring or offering a videotape, audio tape or photograph shall prepare and provide copies for all opposing parties at its expense.

C. An opposing party who receives a videotape, audio tape or photograph 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 a videotape, audio tape or photograph to the Court appointed independent medical examiner or Court appointed vocational evaluator for review only if approved by order of the Court, prior to the submission of the videotape, audio tape or photograph 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.

1. The charges of the independent medical examiner for reviewing videotapes, audio tapes or photographs for preparation of reports or at a deposition or for review in preparation for a deposition are subject to and controlled by Rule 44.

2. A party who obtains a Court order to present photographic, audio tape or videotape evidence to the independent medical examiner must provide copies of said evidence to all parties for their review at least three (3) days before presentation to the independent medical examiner.

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

RULE 52. 56. MEDIATION

A. Mediation in workers' compensation claims is a voluntary process authorized by

B. The Administrator of the Court shall promulgate rules, institute procedures and create forms for the administration of voluntary mediation at the Court.

C. Voluntary mediation shall be conducted only by mediators certified pursuant to the requirements of the Dispute Resolution Act, Section 1801 et seq. of Title 12 of the Oklahoma Statutes and in accordance with any additional requirements promulgated by Rules of the Administrator and/or the Workers' Compensation Court Rules. All workers' compensation issues may be mediated except Multiple Injury Trust Fund Claims, and claims subject to the limitation of Section 14.3 of Title 85, relating to the dispute resolution procedure in certified workplace medical plans.

D. PARTIES. Any person, partnership, association, corporation, limited liability company, personal representative of an estate, receiver, trustee, department, instrumentality or institution of this state, county or division thereof, public trust, board of education, incorporated city, town or division thereof, believing that they have or are involved in a claim under the Oklahoma Workers' Compensation Act, may request a mediation conference from the Administrator on a form to be provided by the Administrator.

E. CONFIDENTIALITY. Any information from the files, reports, case summaries or other communications or materials, oral or written, relating to a mediation conference or the underlying dispute obtained by any persons involved in the mediation is privileged and confidential and may not be disclosed without prior written consent of the parties involved in the mediation conference. However, information of abuse is not confidential when a mediator learns of such activity during mediation. A mediator is required to report abuse of an elderly person or person with disabilities or a child. For statistical purposes, aggregate anonymous information regarding the use of mediation through the Court shall be available for annual reports, research and legislative purposes.

F. DISCOVERY. Discovery may continue notwithstanding a request for mediation or pending mediation conference unless otherwise ordered by a Judge of the Workers' Compensation Court of the State of Oklahoma.

G. EFFECT ON CLAIM.

1. Mediation shall not preclude or be a cause for delay in the prosecution of a claim nor prevent the scheduling and attendance at a hearing thereon required by the Oklahoma Workers' Compensation Act, unless otherwise ordered by a Judge of the Workers' Compensation Court of the State of Oklahoma.

2. Mediation does not toll the statute of limitations.

H. FEES. The Administrator shall set, by rule, the maximum fees to be charged by mediators for preparation and actual mediation. Mediators may be provided at no charge if the employer meets the financial requirements contained in the Pauper's Affidavit, Form 99, supplied by the Administrator of the Workers' Compensation Court.

I. SETTLEMENT. Any final settlement of a mediated claim shall include the consent to mediation form and mediation agreement which shall be attached to the Joint Petition, Form 14 or other agreement, approved by the Workers' Compensation Court.

RULE 53. 57. CERTIFICATION OF MEDIATORS

A. The Supreme Court of the State of Oklahoma is responsible for certifying those persons who are eligible and qualified to serve as mediators. An individual may be certified as a mediator if:

1. The applicant is certified pursuant to the Dispute Resolution Act, Section 1801 et seq. of Title 12 of the Oklahoma Statutes;

2. The applicant meets the additional requirements of the Court; and

3. The applicant has signed an agreement to be bound by the ethical standards set forth in Chapter 37, Appendix A of Title 12 of the Oklahoma Statutes, "Code of Professional Conduct for Mediators".

B. Applicants who have been previously approved by the Supreme Court as voluntary mediators under the Dispute Resolution Act shall be required to attend a one day training course and comply with all other requirements for approval as a workers' compensation mediator.

C. 1. Once approved by the Supreme Court, mediators shall remain on the list of eligible mediators for a period of (5) years unless removed for cause or failing to complete continuing education requirements.

2. Mediators shall be required to complete at least six (6) hours of continuing education per two-year period in the areas of mediation and workers' compensation. This compliance shall be exclusive of any continuing education requirements of the Oklahoma State Bar Association. Proof of compliance shall be submitted to the Court and to the Director of the Courts on forms provided by the Administrator.

3. In addition to the continuing education requirements each certified mediator must engage in one (1) hour of peer review each year by either evaluating the performance of a peer or being evaluated by a fellow mediator. If requested to do so by the Court or the Administrator, a certified mediator may be required to conduct a maximum of two pro bono mediations. Each pro bono mediation shall be counted as five (5) hours for the purposes of satisfying the ten (10) hours of program sponsored service as required by the Rules and Procedures for the Oklahoma Dispute Resolution Act.

4. a. If an applicant shall fail to complete the required continuing education requirements, notice shall be sent to the mediator regarding noncompliance. The mediator shall be given 45 days to cure said noncompliance or obtain a waiver from the Administrator to cure the noncompliance if the time for compliance will take more than 45 days.

b. If the mediator shall fail to cure the noncompliance after receiving notice, the Administrator shall forward notice of the noncompliance to the Program Coordinator of the Dispute Resolution Program for striking the noncomplying mediator from the list of eligible mediators for worker's compensation disputes.

5. Grievances may be filed against a mediator for breach of the "Code of Professional Conduct for Mediators" pursuant to Chapter 37, Appendix A of Title 12 of the Oklahoma Statutes. Grievances shall be forwarded to the Director of the Courts for investigation and for action up to and including removal of a mediator from the list of eligible mediators.

RULE 54. 58. PAUPER'S AFFIDAVIT

Any party making application to proceed in forma pauperis shall file a Pauper's Affidavit, Form 99, with the Court stating applicant's status and inability to pay fees and costs required under the Workers' Compensation Act,

The Court shall set the party's application to proceed in forma pauperis for prehearing conference before the assigned trial judge prior to any hearing on merits, giving notice to all other parties in the cause of action. Any party may file a Pauper's Affidavit with an appeal to the Court En Banc, as provided under

RULE 59.

RULE 55. 60. ORDERS SUPPLEMENTING RULES

When authorized by a majority of the judges of the Workers' Compensation Court, the Presiding Judge may enter orders consistent with these Rules for the general conduct of business.

RULE 56. 61. EFFECTIVE DATE

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