1. 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. 1. The claimant returns to full-time employment;

   2. 2. The claimant fails to:

      1. a. object to the termination of temporary disability benefits as provided in 85 O.S., Section 14(A)(2), within fifteen (15) days after receipt, by the claimant's attorney of record or by the claimant if unrepresented, of written notice of the termination from the employer; or
      2. b. object to the termination of temporary total disability benefits as provided in 85 O.S., Section 17(D)(10), within twenty (20) days after receipt, by the claimant's attorney of record or by the claimant if unrepresented, of written notice of the termination from the employer;
   3. 3. The claimant is determined by a Court-appointed independent medical examiner to be capable of returning to work and the claimant elects not to do so; provided, the Court-appointed independent medical examiner must provide a copy of the Form 5 Release to the assigned judge and all parties, when the examiner determines the claimant is capable of returning to work. Temporary total disability benefits shall cease when the claimant 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 by the Court-appointed independent medical examiner on the Form 5 Release;
   4. 4. The claimant files a permanent disability rating report or a Form 9 requesting a hearing on permanent disability;
   5. 5. The parties voluntarily agree in writing to terminate temporary compensation;
   6. 6. The claimant dies; or
   7. 7. Any other event that causes temporary total disability benefits to be lawfully terminated under 85 O.S., Section 22 without Court order.
2. B. In all other instances, including the receipt of a Form 5 Release for modified light duty work from a Court-appointed independent medical examiner, 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.
3. 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.
4. 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 17(D)(7).

Adopted by order of the Supreme Court,