125-160-0900 Appealing Claims Decisions and Actions (1) These shall be the rules of procedure for appeals and contested case hearings for actions under these rules. Except as noted, the administrative procedures act shall not apply. (2) When these rules permit an action of the Department to be contested by the claimant, the Department shall give the notice required by ORS 183.415(2). The following three levels of appeal shall then apply. (a) Claimant shall first appeal through request for review by Department: (A) One request for review of an action by Department may be made by the affected claimant. It shall be received by the Department within 60 days after the date of Department's contested decision unless the decision includes the grant of a longer period. (B) Claimant's written request for review shall list and explain all contested matters of fact and law in writing. It shall state the action the claimant is requesting. New supporting documents, if consistent with these rules, may be enclosed. Any revised attending physician's response or report shall be enclosed as part of the request for review. A timely request for review that conforms to these rules is a prerequisite to further appeal or hearing. (C) Requests for review may contest allegations of omitted fact, factual error, lack of required evidence for the Department's pertinent findings and conclusions, or legal error by Department. Any medical evidence shall be submitted to the attending physician, whose report shall be provided with the request for review. Only issues subject to the jurisdiction of these rules may be raised or contested. (D) When the Department receives a request for review, it shall consider the record it relied upon and any information contained in or attached to the request for review. If the Department finds that its action is not correct under these rules or is not supported by substantial evidence, the Department shall modify its decision. The Department shall respond to claimant's request for review by affirming, rescinding, or modifying its decision. (b) Upon completion of the review level of appeal, claimant may request a contested case hearing as follows: (A) Claimant may request a hearing if the Department does not acknowledge a valid and complete request for review or does not grant the relief requested. (B) Written request for hearing shall be received by the Department no later than 30 days after the request for review is received by Department or after Department's final response to request for review, whichever is later. (C) A request for contested case hearing shall list and explain each contested matter of fact or law. It shall state the action the claimant is requesting. A request for a contested case hearing shall raise no issues nor make any request that was not in the request for review. A timely request for contested case hearing that conforms to these rules is a prerequisite to any hearing. (D) Hearings officers may only consider legal error by Department and the sufficiency of evidence for the Department's decision or action, as modified by any response to the request for review. Only issues raised in claimant's request for review may be considered. A claimant may not contest any issues of timeliness, inclusion or omission, or other procedural requirements, unless claimant submitted to Department, with or before request for review, clear and convincing evidence that met the procedural requirement. (c) Upon exhausting the review and hearings levels of appeal, claimant may appeal the final decision of the director to the Court of Appeals as provided by ORS 183.480 to 183.482. (3) Only the following actions of the Department may be appealed: (a) Partial or full claim denial based on Department's findings and conclusions. (b) Partial or full denial of request for reaffirmation or modification of initial estimate. (c) Refusal to pay any requested payment or benefit due to claimant under these rules. (d) Termination, reduction, forfeiture, or denial of retroactive restoration of any benefit already awarded to claimant under these rules. (e) Death benefit determination or denial. (f) Denial of a provider's billing or a claimant's reimbursement request for medical services. (4) The following actions of Department may not be appealed under these rules: (a) Initial estimate by Department. (b) Temporary suspension of payments. (c) The form or procedure of benefit payment chosen by the Department, including the amount of discount in any lump sum payment, annuity, or settlement. (d) Any medical service the attending physician orders or refuses to order. (e) Department's decision to require that the claim must be proven by clear and convincing evidence. (f) Denial of any request for increased or additional benefit in a claim on which claimant did not appeal final award, or exhausted appeals. (g) Any action taken by anyone other than Department or not solely within Department's authority under these rules. (h) Any action of Department for which these rules do not expressly provide for appeal. (5) A claimant may appeal a Department action once. After appeal under these rules is exhausted, that issue may not be raised again. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17 DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95