Okla. Stat. tit. 85, Rule 40
Application for Change of Physician
Effective Jan 30, 2006Adopted by order of the Supreme Court, 1997 OK 130, eff. November 1, 1997; Former Rule 40 Repealed by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (repealed document available); Renumbered from former Rule 51 and amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded document available).
- A. A claimant seeking a change of physician pursuant to 85 O.S., Section 14(G) shall file an application with the Court setting out the claimant's current treating physician, the body part for which a change of physician is sought, and a list of three physicians qualified to treat the body part named. The Court shall set the application for hearing on the Court's next available temporary issue docket, unless otherwise directed by the assigned trial judge.
- B. The respondent shall choose one of the three physicians listed by the claimant or shall file a Form 10A no later than ten (10) days after the application is filed. The Form 10A may be amended at any time not later than the hearing on the application. A reply to the Form 10A is not required. If the parties are unable to agree upon a physician from among the physicians named by the parties, or if the respondent fails to timely file a Form 10A, the Court shall appoint a physician from the Court's list of independent medical examiners to treat the claimant's injured body part for which the change of physician is sought.
- C. The Court, in its discretion, and in the interest of justice, may continue the selection hearing upon such terms as may be appropriate.
Adopted by order of the Supreme Court, 1997 OK 130, eff. November 1, 1997; Former Rule 40 Repealed by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (repealed document available); Renumbered from former Rule 51 and amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded document available).