Okla. Stat. tit. 85, § 84
Repealed
Effective Nov 4, 1994Added by Laws 1915, HB 106, c. 246, art. 4, § 14; Amended by Laws 1923, SB 155, c. 61, p. 128, § 13; Amended by Laws 1951, HB 312, p. 269, § 9, emerg. eff. May 29, 1951; Amended by Laws 1977, HB 1228, c. 234, § 39, emerg. eff. July 1, 1978; Amended by Laws 1994, 2nd Extr. Sess., HB 1002, c. 1, § 35, emerg. eff. November 4, 1994.
- A. The power and jurisdiction of the Court over each case shall be continuing and it may, from time to time, make such modifications or changes with respect to former findings or orders relating thereto if, in its opinion, it may be justified, including the right to require physical examinations as provided for in Section 25 [85-25] of this title, and subject to the same penalties for refusal; provided, that upon petition filed by the employer or insurance carrier, and the injured employee, or other person entitled to compensation under the Workers' Compensation Act, the Court shall have jurisdiction to consider the proposition of whether or not a final settlement may be had between the parties presenting such petition. The Court is authorized and empowered to have a full hearing on the petition, and to take testimony of physicians and others relating to the permanency or probable permanency of the injury, and to take such other testimony relevant to the subject matter of such petition as the Court may require. The Court shall have authority to consider such petition and to dismiss the same without a hearing if in its judgment the same shall not be set for a hearing; the expenses of such hearing or investigation, including necessary medical examinations, shall be paid by the employer or insurance carrier, and such expenses may be included in the final award. If the Court decides it is for the best interest of both parties to said petition that a final award be made, a decision shall be rendered accordingly and the Court may make an award that shall be final as to the rights of all parties to said petition and thereafter the Court shall have no jurisdiction over any claim for the injury or any results arising from same. If the Court shall decide the case should not be finally settled at the time of the hearing, the petition shall be dismissed without prejudice to either party, and the Court shall have the same jurisdiction over the matter as if said petition had not been filed. The same rights of appeal shall exist from the decision rendered under such petition as if provided for appeals in other cases before the Court; provided there shall be no appeal allowed from an order of the Court dismissing such petition as provided in this section.
- B. A good faith effort shall be made on the part of any insurance carrier, the State Insurance Fund, or group self-insured plan to notify an insured employer of the possibility of, and/or terms of, any settlement of a workers' compensation case pursuant to this section. Written comments or objections to settlements shall be filed with the Workers' Compensation Court and periodically shared with the management of the applicable insurer. A written notice shall be made to all policyholders of their right to a good faith effort by their insurer to notify them of any proposed settlement, if the policyholder so chooses.
Added by Laws 1915, HB 106, c. 246, art. 4, § 14; Amended by Laws 1923, SB 155, c. 61, p. 128, § 13; Amended by Laws 1951, HB 312, p. 269, § 9, emerg. eff. May 29, 1951; Amended by Laws 1977, HB 1228, c. 234, § 39, emerg. eff. July 1, 1978; Amended by Laws 1994, 2nd Extr. Sess., HB 1002, c. 1, § 35, emerg. eff. November 4, 1994.