Okla. Admin. Code § 810:10-5-85

Current through Vol. 42, No. 4, November 1, 2024

Section 810:10-5-85 - Dismissals

(a)Generally. Except as otherwise required by law, unless good cause is shown, dismissal of a complaint shall be without prejudice.

(b)Untimely prosecution or failure to prosecute claim. Pursuant to 85A O.S. § 69(A)(4), the Commission, on motion and after notice and hearing, shall dismiss a claim for compensation with prejudice to the refiling of a claim if the employee does not:

(1) make a good-faith request for a hearing to resolve a dispute regarding the right to receive benefits, including medical treatment, under the AWCA within six (6) months of the date the claim is filed, or

(2) receive or seek benefits, including medical treatment, under the AWCA for a period of six (6) months.

(3) The Commission may set such claims on a disposition docket.

(c)Request of party filing claim for compensation. Voluntary dismissal of a claim for compensation pursuant to a request of the worker is authorized in 85A O.S. § 108. This law gives the injured worker, upon order of the Commission and payment of the $140.00 final award fee provided for in 85A O.S. § 118, the right to dismiss the worker's claim for compensation at any time before final submission of the case to the Commission for decision. The worker's application for dismissal shall be made on a Commission prescribed CC-Form-100 upon payment of the $140.00 final award fee or execution of a payment plan approved by the Commission's business office. The dismissal shall be without prejudice, unless the Commission's order on the CC-Form-100 clearly identifies the dismissal as with prejudice. Prior to entering an order for dismissal with prejudice, the Commission may require notice and an evidentiary hearing.

Okla. Admin. Code § 810:10-5-85

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/14/2022