Okla. Stat. tit. 85 § 10

Current through Laws 2024, c. 453.

Rule 10 - COMMENCEMENT OF CLAIM AND DESIGNATION OF A SERVICE AGENT

A. A claim for compensation under the Workers' Compensation

Code shall be commenced by filing, in quadruplicate, an executed notice form that includes the employer's Federal Employer Identification Number. The following forms shall be used, as appropriate:

1. Form 3 for accidental injury benefits;

2. Form 3A for death benefits; and

3. Form 3B for occupational disease benefits.

B. A proceeding under Rule 50, to address payment of disputed health service expenses (physician's fees, hospital costs, etc.) shall be commenced by filing a Form 18 or Form 19. A proceeding under Rule 50 to address disputed vocational rehabilitation expenses or medical case management expenses shall be commenced by filing a Form 19. A Form 9 shall be filed to request a hearing on a Form 19 dispute.

C. When the claimant files a claim for compensation (Form 3, Form 3A or Form 3B), the Court shall mail a file-stamped copy of the claim form bearing the assigned file number to a single service agent of the self-insured employer, group self-insurance association, insurance carrier or CompSource Oklahoma which shall be designated on a Form 7 and filed with the Court. The Court shall send all notices and correspondence to the service agent, until an entry of appearance is filed pursuant to Rule 7. If no service agent is designated on a Form 7, notices and correspondence shall be sent to:

1. the signatory on the self-insurance application, if the insurer is a self-insured employer;

2. the Administrator of the group self-insurance association, if the insurer is a group self-insurance association;

3. the person designated to receive notice of service of process for an insurer as provided in 36 O.S., Section 621, if the insurer is a foreign or alien insurance carrier;

4. the President and Chief Executive Officer of CompSource Oklahoma, if the insurer is CompSource Oklahoma; or

5. the service agent on file with the Secretary of State, if the insurer is a domestic insurance carrier.

D. If the employer is uninsured or the Court cannot determine insurance coverage, notices and correspondence shall be sent by certified mail to the employer's last known address until an attorney enters an appearance on behalf of the employer or certified mail from the Court to the employer is twice returned either unclaimed or addressee unknown, whichever occurs first. If certified mail from the Court to the employer is twice returned either unclaimed or addressee unknown, subsequent mailings from the Court to the employer shall be by United States regular mail and service upon the employer of notice of the compensation claim and proceedings shall be attempted by the claimant pursuant to 12 O.S., Section 2004. The claimant has the burden of establishing that such service was effected.

Okla. Stat. tit. 85, § 10

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; Amended by order of the Supreme Court, 2002 OK 6, eff. 3/1/2002; Renumbered from former Rule 13 and amended by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006. Amended by order of the Supreme Court, 2012 OK 19, eff. 3/6/2012.