Rule 39 - TRAVEL EXPENSES - MEDICAL AND VOCATIONAL REHABILITATIONA. Upon reasonable advance notice from the respondent, the claimant must submit to a medical examination by a physician selected by the respondent. If the claimant refuses to submit to the examination, the respondent may file a Form 13 requesting the claimant's compensation and right to prosecute any proceeding under the Workers' Compensation Code be suspended during the period of refusal as provided in 85 O.S., Section 326(I). The claimant must show cause at the hearing why the respondent's request should not be granted. If the claimant's failure to appear for the scheduled examination was without good cause, the Court shall order the claimant to reimburse the respondent for payment of the physician's charge for the missed examination, but not in excess of Two Hundred Dollars ($200.00).B. The respondent shall reimburse the employee for the actual mileage in excess of twenty (20) miles round-trip to and from the claimant's home to the location of a medical service provider for all reasonable and necessary medical treatment, for vocational rehabilitation or retraining, for an evaluation by an independent medical examiner and for any evaluation, including an evaluation for vocational rehabilitation or vocational retraining, made at the respondent's request, but in no event in excess of six hundred (600) miles round-trip. Mileage and necessary lodging expenses are limited to the provisions of the State Travel Reimbursement Act, 74 O.S., Section 500.1 et. seq. Meals will be reimbursed at the rate of Eight Dollars ($8.00) per meal per four hours of travel status, not to exceed three meals per day.C. The respondent shall reimburse the claimant for travel expenses as provided in this rule within sixty (60) days from receipt of a request for reimbursement. If the respondent fails to timely reimburse the claimant, the Court shall assess a Five Hundred Dollar ($500.00) penalty against the respondent, payable to the claimant.Okla. Stat. tit. 85, § 39
Adopted by order of the Supreme Court, 1997 OK 130, eff. 11/1/1997; Renumbered from former Rule 19A and amended by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006. Amended by order of the Supreme Court, 2012 OK 19, eff. 3/6/2012.