A.
- 1. No Joint Petition settlement of a claim shall be approved by the Court unless a record of the terms and conditions of the settlement and the claimant's understanding concerning the effect of the settlement is made and transcribed. The expense therefor shall be the obligation of the respondent.
- 2. When eliciting testimony for the settlement's approval, every claimant represented by counsel must be: a. informed of the total fee amount that will be deducted from the settlement for claimant's attorney's fee, as well as the manner in which that fee will be remitted to the lawyer; b. asked if that amount is acceptable; and c. advised that the claimant may either agree to the explained fee terms and waive the right to a hearing on the fee amount, or request a separate adversarial hearing on the fee amount which may be held immediately or after the settlement. The claimant's election to either waive or request a fee hearing must be recorded on the Joint Petition form.
- 3. In no instance shall the total attorney's fee amount exceed the maximum attorney's fee allowable by law.
- 4. An approved joint Petition settlement shall be mailed by the Court to all unrepresented parties and attorneys of record.
- B. No settlement of a claim on Joint Petition shall be made upon written interrogatory or deposition except in cases where the claimant is currently engaged in the military service of the United States, is outside of the state, is a non-resident of the State of Oklahoma, or in cases of extreme circumstances.
- C. No Joint Petition settlement may be presented until competent medical evidence is ready for admission.
- D. The transcript of the Joint Petition settlement shall be prepared and provided within ninety (90) days. If any respondent or insurance carrier prefers to be billed immediately for the transcript, it may request the court reporter to determine the charge at the time the record is made. The court reporter may then contract for services rendered and submit a statement in conformity with the agreement.
- E. Medical reports and other exhibits submitted in support of a Joint Petition settlement will not be transcribed unless the parties request otherwise. When said reports or exhibits are not transcribed, the original exhibits or duplicate copies thereof shall be affixed to the original transcript and placed in the Court file.
- F. Joint Petition settlements between the claimant and the respondent shall not be deemed an adjudication of the rights between the medical provider and the employer as to charges incurred by the medical provider prior to the date of the Joint Petition settlement.
- G. Within seven (7) days of the date a medical provider provides initial treatment for a work-related accident, the medical provider shall provide notice in writing to the Workers' Compensation Court (but only if a Form 3, 3-a or 3-b has been filed with the Court) and in all cases shall provide notice in writing to the patient's employer, and if known, the employer's insurance carrier. If the medical provider fails to provide the required notification, the medical provider forfeits any rights to future notification, including those circumstances where a case is joint petitioned, unless said medical provider is actually known to the respondent or is listed by the claimant.
- H. At the time of the joint petition, the claimant shall provide to the respondent a list of all medical providers of which the claimant is aware. Within ten (10) days from the date the joint petition is file-stamped by the Court, the respondent shall send notice of the joint petition to all medical providers listed by the claimant, to all medical providers providing written notice to the employer and, if known, the employer's insurance carrier, and to any other medical providers known to the respondent. The respondent is not responsible for payment of any medical bills for treatment rendered after the medical provider receives notice of the joint petition.
- I. Once a joint petition is entered, the claimant is responsible for payment of any future medical benefits, and informing any future medical providers that the case has been joint petitioned, and that the respondent shall not be responsible for payment of said medical bills.
Adopted by order of the Supreme Court, 1997 OK 130, eff. November 1, 1997; Amended by order of the Supreme Court, 2000 OK 13, eff. April 15, 2000.