[EDITORS' NOTE: THIS OPINION WAS WITHDRAWN FROM THIS BOUND VOLUME AND REPUBLISHED AT 142 P.3d 47, THE TEXT BELOW IS FOR REFERENCE PURPOSES ONLY.]
ORDER
The application of the Oklahoma Association of Defense Counsel to file an amicus curiae brief is denied.
It is hereby ordered that both petitions for rehearing filed by the defendant/appellees and the plaintiff/appellant are denied. The parties argument that the opinion requires that a bad faith tort action may only be maintained after an order of the Workers' Compensation Court has been certified for enforcement in the district court pursuant to 85 O.S. 2001 § 42[ 85-42](A) is without merit. The opinion clearly provides that it is the refusal of the workers' compensation insurer to timely pay an award as finally ordered by the Workers' Compensation Court that gives rise to a common law action for bad faith in tort, and not whether a claimant has sought enforcement in the district court.
WATT, C.J., KAUGER, EDMONDSON, TAYLOR, COLBERT, JJ., concur.
WINCHESTER, V.C.J., LAVENDER, HARGRAVE, OPALA, JJ., dissent.