Oklahoma § 85-339 - Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014

§ 85-339. Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014

NOTE: Subsequent to repeal, this section was amended by Laws 2013,

c. 254, § 40 to read as follows:

A. If the employee and employer shall reach an agreement for the full,

final and complete settlement of any issue of a claim pursuant to the

Workers' Compensation Code, a form designated as "Compromise Settlement"

shall be signed by both the employer and employee, or representatives

thereof, and shall be approved by a judge of the Workers' Compensation Court

or the Administrator of the Workers' Compensation Court and filed with the

Administrator. In cases in which the employee is not represented by legal

counsel, a judge of the Court or the Administrator shall have jurisdiction to

approve a full, final and complete settlement of any issue upon the filing of

an Employer's First Notice of Injury. There shall be no requirement for the

filing of an Employee's First Notice of Accidental Injury and Claim for

Compensation to effect such settlement in cases in which the employee is not

represented by legal counsel.

B. In the event all issues of a claim are not fully, finally and

completely settled by a Compromise Settlement, the issues not settled by the

parties and subject to the Court's continuing jurisdiction must be noted by

appendix to the Compromise Settlement or on a form created for such purpose

by the Administrator. The appendix must be signed by the parties and

approved by the Court as set forth herein.

C. In the absence of fraud, a Compromise Settlement shall be deemed

binding upon the parties thereto and a final adjudication of all rights

pursuant to the Workers' Compensation Code. An official record shall be made

by a court reporter of the testimony taken to effect the Compromise

Settlement.

D. A good-faith effort shall be made on the part of any insurance

carrier or group self-insured plan to notify an insured employer of the

possibility of and terms of any settlement of a workers' compensation case

pursuant to this section. Written comments or objections to settlements

shall be filed with the Court and periodically shared with the management of

the applicable insurer. A written notice shall be made to all policyholders

of their right to a good-faith effort by their insurer to notify them of any

proposed settlement, if the policyholder so chooses.