Terminating Work Injury Disability Payments requires that your employer and his workers compensation insurance company meet certain requirements. When you’ve been injured at work your need to pay your bills doesn’t stop. If you’ve been injured at work and the injury occurred in the course of that same employment you’ve earned the disability payments. But, like everything else with Oklahoma workers compensation certain requirement apply.
A. Terminating Work Injury Disability Payments is possible if the worker has no claim for workers compensation on file with the Workers Compensation Commission. This is either the form 3 or the form 3b. If there is if either form is on file, the employer may only terminate ttd without the Workers Comp Courts approval only if one of the following events occur:
1. The injured worker returns to back to work on a full time basis;
2. The injured worker does not:
a. object to the employers motion to terminate his or her TTD benefits as provided by Oklahoma Workers Compensation law, within 15 days after receipt of the motion, by the injured workers lawyer or by the claimant if unrepresented, of written notice of the termination from the employer; or
b. object to the TTD payments as provided in 85 O.S., Section 17(D)(10), within twenty (20) days after receipt of the notice of termination, by the claimant’s lawyer or by the injured worker if not represented by an Oklahoma Workers Comp Attorney, of written notice of the termination from the employer;
3. The injured worker is found by a Court-appointed independent medical examiner to be able to go back to his or her employment and the injured worker fails to return to work;
4. The injured worker or the injured workers lawyer files a permanent disability rating report or a Form 9 requesting a hearing on permanent disability;
5. All parties stipulate in writing to terminate temporary compensation;
6. The injured worker passes away; or
7. Any other event that causes ttd benefits to be lawfully ended under Oklahoma Workers Compensation Statutes.
B. In all other cases, including the receipt of a Form 5 Release for light duty work from a Court-appointed independent medical examiner, temporary compensation may be terminated only by Court order. An Employer may request a hearing on the termination of temporary total disability benefits by filing a Form 13 with the Oklahoma Workers Compensation Court and mailing a copy of the form 13 to the injured workers lawyer. The Form 13 mailed to the parties must include a copy of all evidence relied on by the Employer in support of terminating temporary compensation.
C. If an employer after a hearing on the issue is found to have improperly terminated temporary compensation, the Court shall order the TTD re-started retroactive to the date of the wrongful termination of TTD and may at the Courts discretion charge a fifteen percent (15%) penalty against the Employer or its Insurance Company on all unpaid benefits as of the date of the trial. The Court also may require the respondent to file a new Form 13 and show full compliance with this Oklahoma Workers Comp rule before a trial on the empolyers or said insurance company’s request to terminate temporary compensation will be held.
D. If the injured Oklahoma worker objects to the termination of temporary total disability benefits, he or she may request a speedy hearing as provided by title 85 of the Oklahoma Workers Compensation statutes
This is a copy of the Oklahoma Workers Compensation statute that governs Temp. Disability Payments. If you would like a free consultation regarding Terminating Work Injury Disability Payments call today 918-742-3333
Re-posted in Part from OSCN.net