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

   1. 1. The employee has not filed either a Form 3 or Form 3-b with the Court;
   2. 2. The employee returns to full-time employment with that employer;
   3. 3. The claimant files a permanent disability rating report; or
   4. 4. The parties voluntarily agree in writing that such payments may terminate.

2. 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. 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. 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. 3. In the event the employee objects to the cessation of temporary total disability benefits, the employee may request an expedited hearing on the issue of reinstatement of temporary total disability benefits as provided in 85 O.S., Section 17(D)(7).

3. 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. 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 of an evaluating physician, 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 all reports (including Form 5s) were mailed to opposing parties.
   2. 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. 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. 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. 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. 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 before a trial on the Motion to Terminate Temporary Compensation will be conducted.

Adopted by order of the Supreme Court,