Skip to main content

Rule 40 APPLICATION FOR CHANGE OF PHYSICIAN

(A) A claimant seeking a change of physician pursuant to 85 O.S., Section 326(E) shall file a Form-A application with the Court. Within ten (10) days after the application is filed, the respondent shall choose one of the three physicians listed by the claimant, file a Form 10A, or object to the application by filing a Form 13.

(B) If the Court determines a change of physician is proper, and the parties are unable to agree upon a physician from among the physicians named by the parties, or if the respondent fails to timely file a Form 10A or to object to the application, the Court may select a physician who is qualified, and available within a reasonable time, to treat the body part affected, giving preference to a physician who is on the Court’s list of independent medical examiners.

Amendment history: Adopted by order of the Supreme Court, 1997 OK 130 , eff. November 1, 1997; Former Rule 40 Repealed by order of the Supreme Court, 2006 OK 6 , eff. January 30, 2006 ( repealed document available ); Renumbered from former Rule 51 and amended by order of the Supreme Court, 2006 OK 6 , eff. January 30, 2006 (superseded document available). Amended by order of the Supreme Court, 2012 OK 19 , eff. March 6, 2012. ( superseded document available )