SECTION 810:10-1-6. Terminating temporary compensation

(a)   Temporary compensation may be terminated if the worker has no claim for compensation on file with the Commission. If there is a claim for compensation on file, the employer may terminate temporary compensation without a Commission order only if one of the following events occurs:

(1)   The employee returns to full-time employment;

(2)   The employee, or if represented, the employee's attorney, receives written notification from the employer that the temporary total disability benefits were terminated for a cause stated in 85A O.S. § 45(A)(2). The cause shall be specified in the notice;

(3)   The employee is incarcerated for a misdemeanor or felony conviction in this state or another jurisdiction;

(4)   The employee files a permanent disability rating report or a request for hearing before the Commission on permanent disability;

(5)   The parties voluntarily agree in writing to terminate temporary compensation;

(6)   The employee dies; or

(7)   Any other event that causes temporary compensation to be lawfully terminated without Commission order as provided in 85A O.S. § 62, or as otherwise permitted in the AWCA.

(b)   In all other instances, temporary compensation may be terminated only by Commission order. An employer may request a hearing on the termination of temporary total disability benefits by filing a CC-Form-13 Request for Prehearing Conference with the Commission and concurrently mailing a copy thereof to the opposing parties. The CC-Form-13 mailed to the opposing parties shall include a copy of all evidentiary exhibits, including any medical report, relied upon by the employer in support of terminating temporary compensation.

(c)   If an employer is found to have improperly terminated temporary compensation, the Commission may require the employer to file a new CC-Form-13 Request for Prehearing Conference and show full compliance with this Section before a hearing on the employer's request to terminate temporary compensation will be conducted.

(d)   If the employee files an objection to the employer's termination of temporary total disability benefits within ten (10) days of the termination, the employee may request an expedited hearing on the issue of reinstatement of the benefits as provided in 85A O.S. § 45(A)(2).

[Source: Added at 31 Ok Reg 468, eff 2-4-14 (emergency); Added at 32 Ok Reg 1461, eff 8-27-15]