Okla. Admin. Code § 810:10-5-17

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

Section 810:10-5-17 - Joinder and consolidation of proceedings

(a)Joinder.

(1) A claimant who desires to add additional employers and/or insurance carriers, shall promptly amend the claim for compensation (CC-Form-3, CC-Form-3A, or CC-Form-3B or electronic equivalents) and mail a copy of the amended claim form to all parties, including the additional employers and/or insurance carriers named. Mailing shall constitute service upon the additional parties.

(2) An employer or insurance carrier that desires to add additional employers and/or insurance carriers shall file a CC-Form-13 Request for Prehearing Conference on the issue, or electronic equivalent, and mail a copy of the CC-Form-13 to all parties, including the additional employers and insurance carriers named. The Commission shall notify all parties of the date of the prehearing conference. At the prehearing conference, the Commission shall hear argument, and based upon its discretion, enter its order granting or denying the request.

(3) The additional employers and insurance carriers shall comply with 810:10-5-15.

(4) The Commission, in its discretion, may impose an appropriate sanction prescribed in 85A O.S. § 83(B) against a party or the party's attorney who, without good cause shown, frivolously joins another party.

(b)Consolidation of proceedings.

(1)Consolidation to afford the parties a joint hearing stage. Consolidation of multiple cases involving the same claimant may be made for hearing purposes only at the discretion of the Administrative Law Judge assigned to the lowest case number, upon request of either party. Cases consolidated for purposes of hearing only shall maintain individual case numbers and shall remain subject to separate filing fees prescribed in 85A O.S. § 118 and costs.

(2)Consolidation of cases involving the same claim. Cases involving the same claim shall be consolidated to the lowest case number.

(3)Prehearing conference on consolidation request. All motions and requests to consolidate shall be set for prehearing conference before the entry of a Commission order sustaining or overruling the motion for case consolidation.

Okla. Admin. Code § 810:10-5-17

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

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020