Oklahoma § 12-994.3 - Recovery against party that received payment — Thirdparty payer — Payments — Recovery worksheet

§ 12-994.3. Recovery against party that received payment — Thirdparty payer — Payments — Recovery worksheet

Oklahoma Statutes - Title 12. Civil Procedure

A. Recovery against the party that received payment.

1. General rule. Any payor of money benefits with recovery or

reimbursement rights by contract or statute reduces its recovery to

take account of the cost of procuring the judgment or settlement

from a third party, as provided in this section, if:

a.

procurement costs are incurred because the claim is

disputed, and

b.

those costs are borne by the party against which the

payor seeks to recover.

2. Special rule. If a payor must file suit because the party

that received payment opposes the payor's recovery, the recovery

amount is as set forth in subsection E of this section.

B. Recovery against the third-party payer. If the payor seeks

recovery from the third-party payer, the recovery amount will be no

greater than the amount determined under subsection C, D or E of

this section.

C. Payments made by a payor that are less than the judgment or

settlement amount. If a payor's payments are less than the judgment

or settlement amount, the recovery is computed as follows:

1. Determine the ratio of the procurement costs to the total

judgment or settlement payment;

2. Apply the ratio to the person or entity's payment. The

product is the payor's share of procurement costs; and

3. Subtract the payor's share of procurement costs from his or

her claimed payments. The remainder is the payor's recovery amount.

D. A payor's payments that equals or exceeds the judgment or

settlement amount. If payor's payments equal or exceed the judgment

or settlement amount, the recovery amount is the total judgment or

settlement payment minus the total procurement costs.

E. The payor incurs procurement costs because of opposition to

its recovery. If the payor must bring suit against the party that

received payment because that party opposes the recovery, the

recovery amount is the lower of the following:

1. The person or entity's payment; or

2. The total judgment or settlement amount, minus the party's

total procurement cost.

F. Recovery worksheet. The amount to be recovered from the

beneficiary is the amount payor paid, less a proportionate share of

the costs of procuring the judgment or settlement. The amount to be

refunded is determined as follows:

If the payor's payment is less than the amount of judgment or

settlement:

1. Determine the ratio of the payments to the total amount of

the judgment or settlement;

2. Apply this ratio to the costs of procuring the judgment or

settlement, including attorney fees; and

Oklahoma Statutes - Title 12. Civil Procedure

3. Subtract the payor's share of procurement costs from their

payments. The remainder is the amount of reimbursement to be

refunded to the payor seeking recovery of payments.

Step 1:

$_________________ / $_________________ = __________________

Payor's Payment

Judgment/Settlement

Ratio

Carry out 6 digits

Step 2:

__________________ X $_________________ = __________________

Ratio from Step 1

Procurement Costs

Payor's Share of

Carry out 6 digits

Procurement Cost

Step 3:

$_________________ - $_________________ = __________________

Payor's Payment

Payor's Share of

Refund to Payor

Procurement Costs

G. If the payor's payments equal or exceed the amount of the

judgment or settlement, subtract the total procurement costs from

the judgment or settlement. The remainder is the amount of

reimbursement to be refunded to the payor. The beneficiary will not

be required to refund more than the liability insurance payment

minus the procurement costs.

$_________________ - $_________________ = $_________________

Judgment/Settlement

Procurement Costs

Refund

Added by Laws 2023, c. 161, § 2, eff. Nov. 1, 2023.