Rule 1.100. Mode and Time of Commencing Proceedings
Oklahoma Statutes AnnotatedTitle 12. Civil ProcedureEffective: January 23, 2023
Effective: January 23, 2023
T. 12, Ch. 15, App. 1, Rule 1.100
Rule 1.100. Mode and Time of Commencing Proceedings
(1) Decisions from the Workers' Compensation Court of Existing Claims. A decision of the trial judge or of the Workers' Compensation Court of Existing Claims en banc may be brought for review to this Court in compliance with 85 O.S. Supp. 2011 § 340. Carlock v. Workers' Compensation Commission, 2014 OK 29, 324 P.3d 408. The Rules in Part IV(a) of these Rules shall apply unless a Rule in Part IV(c) of these Rules provides otherwise.
(2) Decisions from the Workers' Compensation Commission. This Court does not have jurisdiction to consider a direct appeal from a ruling by the administrative law judge. Maddox v. Sooner Completions, Inc., 2015 OK 63, 374 P.3d 772. A decision of the Workers' Compensation Commission may be brought for review to this Court in compliance with 85 O.S. § 78. The Rules in Part IV (a) of these Rules shall apply unless a Rule in Part IV(c) of these Rules provides otherwise.
(3) A petition for review will not be filed until the entire cost deposit, or a properly executed pauper's affidavit, is received by the Clerk of the Supreme Court. The cost deposit or pauper's affidavit must be received by the Clerk of the Supreme Court within the same twenty-day period for filing the petition for review for the tendered petition to be timely filed. A petition for review will be deemed filed when mailed in accordance with Rule 1.4. See Rules 1.4(e), 1.77(d). Johnson v. Tony's Town Mister Quick, 1996 OK 138, 915 P.2d 355.
(c) Dismissal of Proceeding When Other Party Filed Appeal to the En Banc Panel of the Workers' Compensation Court of Existing Claims. If one party should commence a proceeding in this Court to review a trial judge's decision from the Workers' Compensation Court of Existing Claims, and the opposite party subsequently should perfect a timely appeal from the same decision to the en banc panel of the Court of Existing Claims, the proceeding in this Court will be dismissed as prematurely brought. Dixon Brothers Lumber and Supply Co. v. Watson, 1960 OK 148, 353 P.2d 478.
Credits
Amended July 1, 2013, effective August 1, 2013. Amended effective January 23, 2023.
Sup. Ct. Rules, Rule 1.100, 12 O. S. A. Ch. 15, App. 1, OK ST S CT Rule 1.100
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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