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Rule 15. Termination of Temporary Compensation

Oklahoma Statutes AnnotatedTitle 85. Workers' Compensation

Oklahoma Statutes Annotated
Title 85. Workers' Compensation (Refs & Annos)
Chapter 4.--Appendix. Rules of the Workers' Compensation Court of Existing Claims
T. 85, Ch. 4, App., Rule 15
Rule 15. Termination of Temporary Compensation
Currentness
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 within ten (10) days of receipt of written notification from the employer of the employer's intent to terminate temporary total disability benefits for any reason provided in 85 O.S., Section 332(B). Notification from the employer shall be sent to the claimant's attorney of record or to the claimant if unrepresented: or
b. object within fifteen (15) days of receipt of written notification from the employer of the employer's intent to terminate temporary total disability benefits as provided in 85 O.S., Section 332(G). Notification from the employer shall be sent to the claimant's attorney of record or to the claimant if unrepresented;
3. Except as otherwise provided in 85 O.S., Section 332(I), the claimant is incarcerated for a misdemeanor or felony conviction in this state or another jurisdiction;
4. The claimant files a permanent partial impairment or permanent total disability rating report or a Form 9 requesting a hearing on permanent partial impairment or permanent total 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 without Court order pursuant to 85 O.S., Section 332 or as otherwise permitted in the Workers' Compensation Code.
B. In all other instances, 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 332(B) or pursuant to 85 O.S., Section 332(G), as applicable.

Credits

Adopted July 12, 1990, effective November 1, 1990. Amended June 22, 1995, effective July 1, 1995; September 29, 1997, effective November 1, 1997; January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Amended March 29, 2004, effective June 1, 2004. Amended effective January 30, 2006; February 7, 2008; March 6, 2012.
Workers' Compensation Rule 15, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 15
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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