Rule 56 - COMPROMISE SETTLEMENTSA. The parties in interest to a claim for compensation may settle upon and determine any and all issues and matters by agreement, in accordance with 85 O.S., Section 337 or 85 O.S., Section 339, subject to the terms and conditions of this rule.B. Any agreement submitted to the Court for approval shall be set forth in a Form CSD-337 as authorized by 85 O.S., Section 337 for a beneficiary of a deceased worker in a death claim, or in a Form CS-339-A as authorized by 85 O.S., Section 339 for all other claims except claims for payment of medical and rehabilitation services rendered before the file-stamped date of the Form CSD-337 or Form CS-339-A agreement or combined disabilities claims against the Multiple Injury Trust Fund; provided, an agreement between an employer and employee as to facts in relation to an injury and payment of compensation which is subject to reopen on change of condition, shall be set forth in a Form CS-339-B. Nothing in this rule shall preclude the Multiple Injury Trust Fund from compromising a claim as authorized by 85 O.S., Section 404(F).C. No Form CSD-337 agreement shall be binding on the parties in interest unless it is approved by a judge of the Workers' Compensation Court. No Form CS-339-A or Form CS-339-B agreement shall be binding on the parties in interest unless it is approved by a judge of the Workers' Compensation Court or the Court Administrator. The agreement, including any attached appendix identifying the outstanding issues that are subject to the Court's continuing jurisdiction, shall be approved unless it is determined that: 1. The agreement is unfair, unconscionable, or improper as a matter of law; or2. The agreement is the result of an intentional misrepresentation of a material fact; or3. The agreement, if for permanent partial impairment, is not supported by competent medical evidence as required by 85 O.S., Section 333(A).D. As used in this rule, "parties in interest" means the respondent (employer and the employer's insurance carrier if insured), and an employee or the employee's beneficiary in a death claim. An employee who is not represented by legal counsel may effect a compromise settlement upon the employer's filing of a Form 2, or the employee's filing of a claim for compensation (Form 3 or Form 3B), regarding the injury or occupational disease which is the subject of the compromise settlement. An employee's beneficiary in a death claim may effect a compromise settlement only upon the filing of a Form 3A and a duly executed and authenticated proof of loss (Form 20).E. In no instance shall the total attorney's fee amount provided for in a compromise settlement exceed the maximum attorney fee allowed by law.F. No compromise settlement 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.G.1. A record of the terms and conditions of an approved Form CSD-337 or Form CS-339-A and the understanding of the employee or employee's beneficiary, as applicable, concerning the effect of the settlement must be made and transcribed at the expense of the respondent. The transcript 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 CSD-337 or Form CS-339-A 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.2. No record of the terms and conditions of an approved Form CS-339-B is required unless testimony, other than medical testimony submitted by written narrative report, is required to effect the compromise settlement. When a record is prepared, medical reports and other exhibits submitted in support of a Form CS-339-B 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.H. A file-stamped copy of an approved Form CSD-337, Form CS-339-A or Form CS-339-B shall be mailed by the Court to all unrepresented parties and attorneys of record.I. A Form CSD-337 that fully and finally resolves all issues in a death claim between the employee's beneficiary and the respondent, and a Form CS-339-A that fully and finally resolves all issues in a claim for compensation between the employee and the respondent, shall not be deemed an adjudication of the rights between the medical or rehabilitation provider and the employer for reasonable and necessary medical and rehabilitation expenses incurred by the employee due to the injury before the file-stamped date of the approved Form CSD-337 or Form CS-339-A.J. 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, if and only if, a Form 3, Form 3A or Form 3B 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 fully and finally settled by a Form CS-339-A, unless the medical provider is actually known to the respondent or is listed by the employee.K. If the issue of medical treatment is fully and finally settled by a Form CS-339-A, at the time of the Form CS-339-A, the employee shall provide to the respondent a list of all medical providers known to the employee. The Form CCS shall be used for that purpose. Within ten (10) days from the file-stamped date of the Form CS-339-A, the respondent shall send notice of the Form CS-339-A to all medical providers listed by the employee and to all medical providers known to the respondent. The employee is liable for payment of any medical services rendered after the Form CS-339-A is filed. The employee also is responsible for informing any future medical providers that the case or issue of medical treatment was fully and finally disposed of by a Form CS-339-A and that the employee, rather than the respondent, is the party financially responsible for such services.Okla. Stat. tit. 85, § 56
Adopted by order of the Supreme Court, 1997 OK 130 , eff. 11/1/1997; Amended by order of the Supreme Court, 2000 OK 13 , eff. 4/15/2000; Renumbered from former Rule 52 by order of the Supreme Court, 2002 OK 6, eff. 3/1/2002; Former Rule 56 renumbered as Rule 52 and amended by order of the Supreme Court, 2006 OK 6, eff. 1/1/2006; Added by order of the Supreme Court, 2006 OK 6, eff. 1/1/2006. Amended by order of the Oklahoma Supreme Court, 2012 OK 19, eff. 3/6/2012.