Okla. Stat. tit. 85, Rule 56
Compromise Settlements
Effective Jan 1, 2006Adopted 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; Renumbered from former Rule 52 by order of the Supreme Court, 2002 OK 6, eff. March 1, 2002; Former Rule 56 renumbered as Rule 52 and amended by order of the Supreme Court, 2006 OK 6, eff. January 1, 2006; Added by order of the Supreme Court, 2006 OK 6, eff. January 1, 2006.
- A. The parties to a claim, by agreement, may make full and final disposition of all issues regarding a claim under the Workers' Compensation Act, as the parties consider reasonable, subject to approval by a Workers' Compensation Court judge or the Court Administrator. The agreement shall be set forth in a Form 1X compromise settlement as authorized in 85 O.S., Section 26 and this rule or in a Joint Petition settlement under 85 O.S., Section 84 and Rule 55. The Form 1X must be supported by competent medical evidence.
- B. As used in this rule, "parties" means the respondent (employer or its insurer), and a claimant who is not, nor was previously, represented by an attorney in the claim. The employer must have filed a Form 2 regarding the injury or occupational illness which is the subject of the Form 1X. There is no requirement for the claimant to have filed a claim for compensation (Form 3, Form 3A, Form 3B, or Form 3E) with the Court before effecting a Form 1X compromise settlement.
- C. Form 1X compromise settlements shall not be used to address payment of medical services rendered before the date of the Form 1X agreement, or combined disabilities claims against the Multiple Injury Trust Fund. Nothing in this rule shall preclude the Multiple Injury Trust Fund from compromising a claim as authorized by 85 O.S., Section 172(G).
- D. No Form 1X 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 nonresident of Oklahoma, or in cases of extreme circumstances.
- E. A record of the terms and conditions of an approved Form 1X and the claimant's understanding concerning the effect of the settlement must be made and transcribed at the expense of the respondent. The transcript of the Form 1X shall be prepared and provided to the parties within ninety (90) days. If any respondent 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 to the respondent in conformity with the agreement. Medical reports and other exhibits submitted in support of a Form 1X shall not be transcribed unless the parties request otherwise. If the 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. A file-stamped copy of an approved Form 1X shall be mailed by the Court to all unrepresented parties and attorneys of record.
- G. At the time of the Form 1X, the claimant shall provide to the respondent a list of all medical providers known to the claimant. Within ten (10) days from the file-stamped date of the Form 1X, the respondent shall send notice of the Form 1X to all medical providers listed by the claimant and to all medical providers known to the respondent.
- H. The claimant is liable for payment of any medical services rendered after a Form 1X is filed. The claimant is responsible for informing any future medical providers that the case was disposed of by a Form 1X and that the claimant, rather than the respondent, is the party financially responsible for such services.
- I. The amount of a Form 1X compromise settlement shall not be considered an award of permanent partial disability. However, the settlement amount is subject to such assessments and taxes as may be provided by law.
Adopted by order of the Supreme Court,