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The Honorable L. Brad Taylor Presiding Judge for the Oklahoma Workers’ Compensation Court of Existing Claims.

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Presentation on theme: "The Honorable L. Brad Taylor Presiding Judge for the Oklahoma Workers’ Compensation Court of Existing Claims."— Presentation transcript:

1 The Honorable L. Brad Taylor Presiding Judge for the Oklahoma Workers’ Compensation Court of Existing Claims

2 Oklahoma Unfair Claims Statues and Regulations Title 36: Definitions Agent Claimant Commissioner First Party Claimant Insurance policy or contract Insurer Investigation Notification of claim Third Party Claimant

3 Oklahoma Unfair Claims Statues and Regulations Definitions and examples

4 Payment of Orders (Timely) Case Law examples

5 Bad Faith: Does it Exist in Oklahoma? Oklahoma Bad Faith Basics: – Phil R. Richards –Oklahoma Bar Journal As early as 1935, the Oklahoma Supreme Court recognized that an insurer may be liable for the entire amount of a verdict in excess of it s policy limits where it fails or refuses, in bad faith, to take advantage of an opportunity to settle within those limits prior to trail.1. However, not until its 1977 decision in Christian v. American Home Assur. CO. did the Supreme Court establish bad faith as an independent tort upon which an insurer could be held liable for both compensatory and punitive damages for the delay or denial in payment of a claim not reasonably in dispute. – The court noted that an insurer’s obligation upon presentation of a proper claim is not limited to the payment of money alone, but includes an implied duty of the insurer to “deal fairly and act in good faith with its insured” for the violation of which liability tort could be imposed. 4 the court recognized that an insurer would not be deemed in bad faith simply because it disputed its insurer's claim even to the point of litigation, but rather would be subject to such liability only upon a “clear and showing” that the insurer unreasonably and in bad faith withheld payment of its insured’s claim.5

6 Court Orders How many days do you have to comply with the order? Joint Petitions Court order for PPD/PPI Medical order for benefits (treatment)

7 Can You Stop Benefits… Because the claimant has been released??? Represented by an Attorney/Not Represented Return to work Return to work with NEW employer Job Retraining

8 Do you have to Give a Settlement when NOT Represented? Un-represented Claimant’s Goods Bads And the Ugly’s…

9 Ethics Today Questions?


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