A. If the employee and employer shall reach an agreement for the full, final and complete settlement of any issue of a claim pursuant to this act, a form designated as "Joint Petition" shall be signed by both the employer and employee, or representatives thereof, and shall be approved by the Workers' Compensation Commission or an administrative law judge, and filed with the Workers' Compensation Commission. In cases in which the employee is not represented by legal counsel, the Commission or an administrative law judge shall have jurisdiction to approve a full, final and complete settlement of any issue upon the filing of an Employer's First Notice of Injury. There shall be no requirement for the filing of an Employee's First Notice of Claim for Compensation to effect such settlement in cases in which the employee is not represented by legal counsel.
B. In the event all issues of a claim are not fully, finally and completely settled by a Joint Petition, the issues not settled by the parties and subject to the Commission's continuing jurisdiction must be noted by appendix to the Joint Petition or on a form created for such purpose by the Commission. The appendix must be signed by the parties and approved by the Commission as set forth herein.
C. In the absence of fraud, a Joint Petition shall be deemed binding upon the parties thereto and a final adjudication of all rights pursuant to this title or the workers' compensation law in effect at the time of the injury or final order of the Workers' Compensation Commission. An official record shall be made by an official Commission reporter of the testimony taken to effect the Joint Petition.
D. A good-faith effort shall be made on the part of any insurance carrier or group self-insured plan to notify an insured employer of the possibility of and terms of any settlement of a workers' compensation case pursuant to this section. Written comments or objections to settlements shall be filed with the Commission and periodically shared with the management of the applicable insurer. A written notice shall be made to all policyholders of their right to a good-faith effort by their insurer to notify them of any proposed settlement, if the policyholder so chooses.
Added by Laws 2013, c. 208, § 158, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 37, emerg. eff. May 28, 2019.
Structure Oklahoma Statutes
Title 85A. Administrative Workers' Compensation System
§85A-1. Short title - Administrative Workers' Compensation Act.
§85A-5. Exclusive liability - Immunity.
§85A-7. Discrimination or retaliation.
§85A-8. Agreement to waive compensation.
§85A-9. Agreements for employee to pay premium of employer.
§85A-10. Release or commutation - Liens against workers' compensation benefits.
§85A-11. Compensation of alien nonresidents.
§85A-13. Mental injury or illness.
§85A-16. Official Disability Guidelines - Treatment in Workers Compensation.
§85A-17. Physician Advisory Committee.
§85A-18. Notice to health care providers - Collection of fees.
§85A-19. Oklahoma Workers' Compensation Commission.
§85A-20. Power and authority of Commission.
§85A-22. Administration of act - Additional powers and duties.
§85A-23. Necessary traveling expenses.
§85A-24. Administrative report.
§85A-25. Annual publication of aggregate information.
§85A-26. Removal of commissioners.
§85A-27. Jurisdiction - Duties and powers of administrative judges.
§85A-28. Multiple Injury Trust Fund - Self-insurance Guaranty Fund.
§85A-28.1. Workers' Compensation Commission Revolving Fund.
§85A-30. Physically impaired persons - Adjudications of Multiple Injury Trust Fund claims.
§85A-31. Multiple Injury Trust Fund.
§85A-32. Permanent total disability awards.
§85A-33. Statute of limitations.
§85A-34. Administration of Multiple Injury Trust Fund - Standing.
§85A-35.1. Court reporter – Stenographic recording of settlements.
§85A-36. Liability other than immediate employer.
§85A-37. Waiver of exemption or exclusion.
§85A-38. Securing compensation.
§85A-39. Carrier discharging obligations.
§85A-40. Failure to secure compensation - Summary hearing - Penalties.
§85A-42. Required insurance policy provisions.
§85A-43. Liability Unaffected - Subrogation.
§85A-44. Reduction of benefits.
§85A-46. Permanent partial disability schedule.
§85A-47. Beneficiaries in case of death.
§85A-49. Temporary total disability and unemployment benefits.
§85A-50. Failure to provide medical treatment - Medical examination - Fee schedule - Formulary.
§85A-51. Payment of medical expenses.
§85A-52. Liability for non-compensable injury.
§85A-53. Physical examination.
§85A-54. Refusal to submit to surgery.
§85A-55. Unreasonable charges.
§85A-56. Certified workplace medical plans.
§85A-57. Failure to appear for scheduled appointments.
§85A-58. Copying of medical records.
§85A-59. Computation of average weekly wages.
§85A-60. Evaluation of permanent disability.
§85A-62. Nonsurgical soft tissue injury.
§85A-64. Certification of workplace medical plan.
§85A-65. Occupational disease.
§85A-66. Silicosis and asbestosis.
§85A-67. Notice of occupational disease or cumulative trauma.
§85A-68. Rebuttable presumption injury not work-related.
§85A-69. Statute of limitations.
§85A-70. Promulgation of rules.
§85A-71. Notice - Investigation and hearing - Evidence and construction.
§85A-72. Conduct of Hearing or Inquiry - Public hearings - Evidence.
§85A-73. Preservation and enforcement of orders.
§85A-74. Rebuttable presumptions.
§85A-77. Employment of attorneys.
§85A-79. Failure to comply with final compensation judgement.
§85A-80. Review of compensation judgments.
§85A-81. Commencing proceedings on unreasonable grounds.
§85A-82. Claims for legal services.
§85A-84. Payment of compensation.
§85A-86. Controversion of employee's right to claim compensation.
§85A-88. Change of insurance carriers.
§85A-90. Deposit or bond with commission.
§85A-92. Notification of commission.
§85A-94. Incarcerated employees.
§85A-96. Self-insurance Guaranty Fund Board.
§85A-97. Self-insurance Guaranty Fund.
§85A-98. Funds to be transferred to Self-insurance Guaranty Fund.
§85A-99. Impaired self-insurer.
§85A-100. Self-insurance Guaranty Fund Board as party to proceedings.
§85A-101. Report on number of claims - Electronic data interchange.
§85A-102. Pooled liabilities - Distribution of surplus.
§85A-103. Associations pooling liability.
§85A-104. Workers' Compensation Commission and Self-Insurance Guaranty Fund Board liability.
§85A-106. Strict construction.
§85A-107. Workers' compensation provided by public entities.
§85A-108. Dismissal of claims.
§85A-109. Workers' compensation counselor or ombudsmen program.
§85A-110. Alternative dispute resolution program.
§85A-111. Commencement of benefit claim - Prehearing conference.
§85A-112. Independent medical examiners.
§85A-113. Transfer of case management - Case managers.
§85A-115. Joint Petition for settlement.
§85A-116. Awards for permanent disability.
§85A-117. Estoppel from denying employment.
§85A-119. Copies of documents.
§85A-120. Inquiry about compensation claims.
§85A-121. Advisory Council on Workers' Compensation.
§85A-122. Costs of administering act.
§85A-124. Transfers from Workers' Compensation Court.
§85A-125. Computation of time.
§85A-300. Short title - Workers' Compensation Arbitration Act.
§85A-301. Arbitration agreements.
§85A-303. Agreements governed by act.
§85A-305. Application for judicial relief.
§85A-306. Agreement to submit to arbitration.
§85A-307. Refusal to arbitrate.
§85A-308. Judgement for provisional remedies.
§85A-309. Initiation of arbitration.
§85A-310. Consolidation of separate arbitration proceedings.
§85A-311. Method of appointing arbitrator.
§85A-313. Multiple arbitrators.
§85A-314. Immunity from civil liability.
§85A-315. Summary disposition - Notice of hearing - Right to be heard - Replacement arbitrator.
§85A-316. Payment of legal fees.
§85A-317. Subpoenas - Depositions - Discovery.
§85A-319. Record of the award.
§85A-320. Modification of awards.
§85A-321. Benefits - Attorney fees.
§85A-322. Judgments confirming the award.
§85A-324. Modification of awards by Commission.
§85A-325. Judgment entered by Commission.
§85A-326. Exclusive jurisdiction.
§85A-400. Workers' Compensation Court.
§85A-401. Workers' Compensation Court of Existing Claims Revolving Fund.