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Rule 48. Medical Case Managers--Requests for Assignment

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 48
Rule 48. Medical Case Managers--Requests for Assignment
A. For cases not covered by a certified workplace medical plan, and where the employer, insurance company, or own risk employer does not provide case management, the Court may grant case management on the request of any party or when the Court, on its own motion, determines that case management is appropriate. Nothing in this rule shall limit the Court's ability to appoint a case manager by agreement of the parties, or as otherwise allowed by law.
B. If the parties to a dispute cannot agree on an independent medical case manager of their own choosing, the Court may appoint one from the list of qualified independent medical case managers maintained by the Court.
C. In order to be eligible for appointment in any given case, a qualified medical case manager:
1. shall not have a financial interest in the claimant's award; and
2. shall not have any financial interest in the employer's or insurer's business, nor regularly contract with or serve as a case manager for the employer, insurer, or employer's own risk group, or a certified workplace medical plan with which the employer or employer's own risk group contracts.
D. The parties are encouraged to request the appointment of an independent medical case manager at a prehearing conference in accordance with Rule 54.
E. Requests for the appointment of an independent medical case manager may be set for a prehearing conference, at the discretion of the Court.
F. Upon appointment, the parties shall send information and all medical records to the independent medical case manager, by regular mail, within ten (10) calendar days of receipt of the Court order assigning the case manager.
G. If a party makes a good faith effort to get medical records (including diagnostic films) and the records are unobtainable, then a letter to this effect shall be sent to the case manager with copies to all other parties and the Court, together with information as to the known location of any such records or information not in either the attorney's or client's possession. If necessary, the case manager may contact persons in whose possession the records or information is located solely for the purpose of obtaining such records or information.
H. The respondent shall pay all reasonable and customary charges of a medical case manager appointed by the Court. Failure to timely pay a Court appointed independent medical case manager for services rendered pursuant to Court order may result in the imposition of assessments and sanctions by the Court.

Credits

Formerly Rule 47, adopted January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Renumbered Rule 48, amended effective January 30, 2006. Amended effective March 6, 2012.
Workers' Compensation Rule 48, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 48
Current with amendments received through March 15, 2024. Some rules may be more current, see credits for details
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