Change of Condition and Oklahoma Workers' Compensation

When someone is injured on the job in Oklahoma, he or she has the right to seek workers’ compensation benefits in order to help provide income for that which the worker will lose by not being able to perform his or her job duties. If the claim filed for benefits is approved, the benefits will be paid on a weekly basis and computed in accordance with the relevant Oklahoma statutes.

The process of obtaining benefits is involved and technical in nature, and it requires an examination and a diagnosis from a doctor that’s chosen by the employer. When the diagnosis is complete, the doctor makes recommendations regarding when or whether the worker will be able to return to the job.

If the worker is deemed unable to return for any appreciable amount of time (more than three working days in Oklahoma), then he or she is deemed to be either temporarily or permanently disabled. Additionally, the worker’s disability is deemed to be either partial or total. As a result, an award amount is crafted and the payments begin.

While there are time limits designated by statute that apply to different classifications of disabilities, a party involved in the situation can make a claim to the Workers’ Compensation Court if the health circumstances change either for the better or for the worse during the time that the award is being paid. Below is an overview of how the Oklahoma statutes deal with this situation.

§ 28. Change of Condition - Review of Award by Court

Upon its own motion or upon the application of any party in interest, on the ground of a change in conditions, the Court may at any time review any award, and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded, but only as to those body parts adjudicated by the previous award or as a result of a consequential injury, subject to the maximum or minimum provided in the Workers' Compensation Act, and shall state its conclusions of fact and rulings of law, and the Administrator shall immediately send to the parties a copy of the award. No such review shall affect such award as regards any money already paid. In a change in condition for the better changing a permanent total disability to a permanent partial disability, the weeks paid on the permanent total disability award shall not be deducted from a subsequent permanent partial disability award; however, permanent partial disability awards together with temporary compensation shall not exceed five hundred (500) weeks.

Analysis of Change of Condition

What this means in terms of how it applies to everyday situations is that anyone, including the employer, the worker, the insurance company or even the court itself can apply to the Court and make a motion to adjust the award. This can arise if the worker’s health suddenly improves and those responsible for the benefits want to pay less in an overall award or for a shorter period of time or if the worker’s condition worsens and he or she will need a higher payment and/or payments for a longer duration.

§ Rule 35. CHANGE OF CONDITION

Any party to the claim may move to set the cause for trial on a change of condition by filing a Form 9 as provided in Rule 19. The physician's medical report or testimony at the subsequent trial must show that said physician was either the attending, treating or examining physician at the time of the previous award or that the physician has personal knowledge of claimant's condition at that time, or it must show that the physician has examined reports, x-rays and any other medical data referring to claimant's condition at the time of the previous award. A fee of Seventy-five Dollars ($75.00) per action to reopen any case shall be collected by the Court Administrator, pursuant to 85 O.S., Section 93, from the party filing a Form 9 seeking to reopen.

Analysis of Change of Condition

The rule above sets out the procedure that must be followed for someone to pursue an adjusted award based on change of condition. When a situation like this one arises, the court needs to set out basic evidentiary rules as well so that there are no surprises sprung upon any of the parties involved. Notice such as this tends to promote fairness within this sort of situation.

Why You Need an Oklahoma Workers' Comp Attorney

Clearly, if you are an injured worker that’s suddenly staring at the prospect of a lower payment and/or payments that will end before you originally thought they would, you need legal help to protect your rights. Likewise, if your condition worsens and you need either more time or a higher award, you will face opposition. The other parties involved will certainly have attorneys representing their interests, and any hearing or trial in a courtroom involves knowledge of the technical aspects of the procedure as well as the strategic understanding that comes only from experience in such a setting.

Rather than attempt to work through this situation yourself and risk losing your award or having it reduced in some manner, contact the Oklahoma workers’ compensation attorneys at Atkins & Markoff today to schedule a free initial consultation.