justicedao/ipfs_state_laws huggingface dataset:
437-007-1535 Storage and Transportation of Climbing Equipment General Requirements Do not store or transport climbing equipment: (1) Near extreme heat sources. (2) In contact with gas, oil, chemicals, chemical vapors, battery and other acids. (3) In contact with sharp or pointed objects and other items that can damage the climbing gear. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08
437-081-0879 General Tools shall be appropriate for the purpose for which they are used; they shall be of proper size or capacity, and shall be safely used. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: WCD 5-1977, f. 4-20-77, cert. ef. 6-1-77 WCB (Safety) 3-1976, f. 3-1-76, cert. ef. 3-15-76 WCB 1-1975, f. 1-24-75, cert. ef. 3-31-75
437-081-0985 Pneumatic Powered Tools (Safety Line) A safety line or chain shall be attached to the hose and to the tool housing to keep the hose from whipping should the coupling break. A safety check valve shall be installed in the air line at the manifold to automatically shut off the air supply should a fracture occur anywhere in the line. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: WCD 5-1977, f. 4-20-77, cert. ef. 6-1-77 WCB 3-1976, f. 3-1-76, cert. ef. 3-15-76 WCB 1-1975, f. 1-24-75, cert. ef. 3-31-75
437-081-2305 Storage, Handling, Use of Cylinders (Valve Opening Location) Always stand to one side of the outlet when opening the valve. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: WCD 5-1977, f. 4-20-77, cert. ef. 6-1-77 WCB (Safety) 3-1976, f. 3-1-76, cert. ef. 3-15-76 WCB 1-1975, f. 1-24-75, cert. ef. 3-31-75
438-005-0005 Statutory Authority These rules are adopted under the Board's general rulemaking authority of ORS 656.726(5) to provide rules of practice and procedure for hearing and review proceedings under 656.001 to 656.990, for exercising its continuing authority under 656.278 and providing for the payment of attorney fees in cases under the Workers' Compensation Law pursuant to 656.388. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 3-2005, f. 11-15-05, cert. ef. 1-1-06 WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-005-0011 Effective Date; Applicability These rules are effective January 1, 2006 and shall apply to all cases pending before the Hearings Division and the Board under the provisions of ORS Chapter 656 on and after that date. These rules are also applicable to cases pending before the Hearings Division and the Board arising under ORS Chapter 655. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 3-2005, f. 11-15-05, cert. ef. 1-1-06 WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03 WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 1-1993, f. 5-19-93, cert. ef. 6-1-93 WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90 WCB 9-1990(Temp), f. 8-24-90, cert. ef. 8-27-90 WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90
438-005-0015 Unacceptable Conduct The Board hereby adopts OAR 137-004-0010, as adopted by the Department of Justice effective January 27, 1986. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 183.341(4) History: WCB 1-2013, f. 2-11-13, cert. ef. 4-1-13 WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-005-0030 Safety Rules Reference Rules pertaining to the Oregon Safe Employment Act, ORS Chapter 654, may be found at OAR chapter 438, division 085. Statutory/Other Authority: ORS 183 & 656 Statutes/Other Implemented: ORS 183 & 656 History: WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-005-0035 Board Policy (1) It is the policy of the Board to expedite claim adjudication and amicably dispose of controversies, while providing for access to adequate representation for injured workers. In accordance with ORS 656.012(3), these rules shall be interpreted in an impartial and balanced manner. The overriding principle is substantial justice. (2) With respect to postponement or continuance of hearings under OAR 438-006-0081 and 438-006-0091, substantial justice requires consideration of the relative financial hardship of the parties. (3) The unrepresented party shall not be held strictly accountable for failure to comply with these rules. Any individual who undertakes to represent a party in proceedings under these rules shall be required to comply with these rules. (4) It is the policy of the Board to promote the full and complete disclosure of a party's specific position concerning the issues raised and relief requested in a specification of issues under OAR 438-006-0031 and in a response under 438-006-0036. However, it is not the intent of this policy to create binding admissions on behalf of any party, but to clarify the scope of the matters to be litigated. (5) The Board recognizes the complexity of disputed claims and the time limitations concerning the scheduling and litigation process for such claims. Consistent with this recognition, as factual, medical, and legal aspects of disputed issues evolve, the amendment of issues, relief requested, theories, and defenses may be allowed as prescribed in OAR 438-006-0031(2) and 438-006-0036(2). Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.012 History: WCB 1-2015, f. 12-16-15, cert. ef. 1-1-16 WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14 WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-005-0037 Penalty for Failure to Comply with Rules If failure to comply with these rules by an insurer or self-insured employer results in delay in compensation ultimately ordered paid to a claimant by an Administrative Law Judge, an additional amount may be assessed on such compensation for unreasonable delay under the provisions of ORS 656.262(11). Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4) Statutes/Other Implemented: ORS 656.262(10) History: WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 5-1987, f. 12-18-87, ef. 1-1-88
438-005-0040 General Definitions (1) "Administrative Law Judge" means an individual appointed by the Board to perform the duties, functions and powers provided in ORS 654, 655 and 656, and such other duties, functions and powers as may be prescribed by the Board. (2) "Aggravation" means an actual worsening of the compensable condition(s) after the last award or arrangement of compensation, which is established by medical evidence supported by objective findings, and otherwise satisfies the statutory requirements of ORS 656.273. (3) "Aggravation rights" means the time periods specified in ORS 656.273 during which an injured worker is entitled to additional compensation for worsened conditions as a matter of right. (4) "Board" means the Workers' Compensation Board. (5) "Claimant" means an injured worker or any other person entitled to initiate or continue a claim for compensation. (6) "Director" means the Director of the Department of Consumer & Business Services or designee. (7) "Due diligence" means the diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. (8) "Hearings Division" means the Hearings Division of the Workers' Compensation Board. (9) "Insurer" means the State Accident Insurance Fund Corporation, an insurer authorized under ORS Chapter 731 to transact workers' compensation insurance in this state, or, except where the context requires otherwise, an assigned claims agent in cases under ORS 656.054. (10) "Party" means a claimant, an employer, including a noncomplying employer, an assigned claims agent in cases under ORS 656.054, and an insurer. (11) "Self-insured employer" means an employer or group of employers certified under ORS 656.430 as meeting the qualifications set out in 656.407. (12) “Workers’ Compensation Division” means the Workers’ Compensation Division of the Department of Consumer and Business Services. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) & 656.054 History: WCB 1-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 1-2004, f. 6-23-04 cert. ef. 9-1-04 WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03 WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02 WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 5-1987, f. 12-18-87, ef. 1-1-88
438-005-0050 Notice of Claim Acceptance and Hearing Rights under ORS 656.262(6)(d) (1) Every notice of claim acceptance shall include all of the information prescribed by ORS 656.262(6)(b) and OAR 436 - 001-0600 (including Bulletin No. 379). (2) In the event that the insurer or self-insured employer disagrees with all or any portion of a worker's objections to a notice of claim acceptance under ORS 656.262(6)(d), the insurer's or self-insured employer's written response shall specify the reasons for the disagreement, and shall contain a notice, in prominent or bold-face type, as follows: "IF YOU DISAGREE WITH THIS DECISION, YOU MAY FILE A REQUEST FOR HEARING BY ANY OF THE FOLLOWING MEANS: (1) MAIL A LETTER TO THE WORKERS' COMPENSATION BOARD, 2601 25TH STREET SE, SUITE 150, SALEM, OREGON 97302-1280; (2) SEND AN E-MAIL TO: request.wcb@wcb.oregon.gov; (3) SEND A FAX TO: 503-373-1600; OR (4) PHYSICAL DELIVERY OF A LETTER TO A WORKERS’ COMPENSATION BOARD OFFICE (IN SALEM, PORTLAND, EUGENE, OR MEDFORD). YOUR LETTER, E-MAIL, OR FAX SHOULD STATE THAT YOU WANT A HEARING, YOUR ADDRESS, THE DATE OF YOUR INJURY, AND YOUR CLAIM NUMBER. "IF YOUR CLAIM QUALIFIES, YOU MAY RECEIVE AN EXPEDITED HEARING WITHIN 30 DAYS. YOUR REQUEST CANNOT, BY LAW, AFFECT YOUR EMPLOYMENT. YOU MAY BE REPRESENTED BY AN ATTORNEY OF YOUR CHOICE AT NO COST TO YOU FOR ATTORNEY FEES. IF YOU HAVE QUESTIONS YOU MAY CALL THE WORKERS' COMPENSATION DIVISION TOLL FREE AT 1-800-452-0288 OR THE OMBUDS OFFICE FOR OREGON WORKERS TOLL FREE AT 1-800-927-1271." Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(5) Statutes/Other Implemented: ORS 656.262(6) History: WCB 22-2022, amend filed 07/11/2022, effective 10/01/2022 WCB 1-2019, amend filed 04/02/2019, effective 06/01/2019 WCB 1-2012, f. 8-22-12, cert. ef. 11-1-12 WCB 2-2007, f. 12-11-07, cert. ef. 1-1-08 WCB 3-2005, f. 11-15-05, cert. ef. 1-1-06 WCB 1-2004, f. 6-23-04 cert. ef. 9-1-04 WCB 1-1999, f. 8-24-99, cert. ef. 11-1-99 WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-005-0053 Notice of Denial of Responsibility (1) If a self-insured employer or insurer intends to deny responsibility for a claim on the basis of injury or exposure with another employer, the self-insured employer or insurer shall, within the period allowed under ORS 656.262 for processing the claim, so indicate in or as part of a denial otherwise meeting the requirements of 656.262 , OAR 436-001-0600 (including Bulletin No. 379) and OAR 438-005-0055. (2) The notice shall: (a) Identify the condition(s) for which responsibility is being denied; (b) State the factual and legal reasons for the denial; and (c) Advise the claimant to file separate, timely claims against other potentially responsible insurers or self-insured employers, including other insurers for the same employer, in order to protect the claimant's rights to obtain benefits on the claim. (3) The denial may: (a) List the names and addresses of other insurers or self-insured employers who may be responsible for the claimant's condition; and (b) State whether the self-insured employer or insurer has requested the appointment of a paying agent pursuant to ORS 656.307. Statutory/Other Authority: ORS 656.726(4) & 654.025(2) Statutes/Other Implemented: ORS 656.308(2) & 656.262(6) History: WCB 1-2019, amend filed 04/02/2019, effective 06/01/2019 WCB 3-2005, f. 11-15-05, cert. ef. 1-1-06 WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90 WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90
438-005-0060 Notice of Partial Denial and Hearing Rights Every notice of partial denial shall set forth with particularity the injury, condition, benefit or service for which liability is denied and the factual and legal reasons therefor. The notice shall be in the form specified by OAR 438-005-0055 , including the requirements of OAR 436-001-0600 (Bulletin No. 379) . Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4) Statutes/Other Implemented: ORS 656.262(6) History: WCB 1-2019, amend filed 04/02/2019, effective 06/01/2019 WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-005-0065 Manner of Giving Notice Notice of denial or other notice from which statutory time runs against a claimant shall be in writing and shall be delivered by registered or certified mail with return receipt requested or by personal service meeting the requirements for service of a summons. Statutory/Other Authority: ORS 656.307, 656.388, 656.543 & 656.726(4) Statutes/Other Implemented: ORS 656.262(6) History: WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-005-0070 Request for Hearing Proceedings before the Hearings Division are begun by filing a request for hearing meeting the requirements of ORS 656.283 and OAR 438-005-0046. The request for hearing should be on a form prescribed by the Board. A request by an insurer or self-insured employer should also recite whether payment of compensation has been or will be stayed under 656.313. In addition to the information required by 656.283(2), the person requesting a hearing should include the person's full name, the name of the injured worker if different from that of the person requesting the hearing, the date of the injury or exposure, the name of the employer and its insurer, if any, and the claim number. A copy of the request should be served on the insurer, self-insured employer, claimant, or if represented, claimant's counsel. Statutory/Other Authority: ORS 656.726(4) & 654.025(2) Statutes/Other Implemented: ORS 656.283(1) History: WCB 1-2012, f. 8-22-12, cert. ef. 11-1-12 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 5-1987, f. 12-18-87, ef. 1-1-88
438-005-0072 Expedited Hearing/Compensation Stayed under ORS 656.313 For purposes of OAR chapter 438, divisions 005–006, compensation is deemed stayed under ORS 656.313 if the employer/insurer has filed a request for hearing on or after July 1, 1990 on a reconsideration order and compensation is due and unpaid under the order for temporary disability benefits, permanent total disability benefits, or death benefits payable to a surviving spouse prior to remarriage, to children or dependents that accrued before the date of the order, or permanent disability benefits. Statutory/Other Authority: ORS 656.726(4) & 654.025(2) Statutes/Other Implemented: ORS 656.313 History: WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 5-1987, f. 12-18-87, ef. 1-1-88
438-005-0075 Duty to Forward Misdirected Request If a claimant sends a request for hearing or Board review to the employer or insurer, the employer or insurer shall promptly forward the request to the Board. Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4) Statutes/Other Implemented: ORS 656.726(4) History: WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 5-1987, f. 12-18-87, ef. 1-1-88
438-006-0020 Acknowledgment; Notice of Conference and Hearing in Ordinary Hearing Process The Hearings Division shall acknowledge receipt of a request for hearing. Such acknowledgment may include notice of date for an informal prehearing conference pursuant to OAR 438-006-0062 or notice of hearing date. The hearing shall be scheduled for a date that is within 90 days of the request for hearing and not less than 60 days after distribution of a notice of hearing date subject to the exceptions prescribed in ORS 656.283(4)(b) Statutory/Other Authority: ORS 656.726(5)(a) & (b) Statutes/Other Implemented: ORS 656.283(3), (4)(a) & (b) History: WCB 2-2014, f. 12-10-14, cert. ef. 1-1-15 WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14 WCB 2-2007, f. 12-11-07, cert. ef. 1-1-08 WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90 Reverted to WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90 WCB 6-1990(Temp), f. 4-24-90, cert. ef. 4-25-90 WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-006-0031 Specification of Issues (1) Consistent with the Board's policy described in OAR 438-005-0035, the request for hearing under 438-005-0070 filed with the Board shall include, on a form prescribed by the Board, a specific listing of all issues to be raised at the hearing and all relief requested. (2) Consistent with the Board's policy described in OAR 438-005-0035, amendments may be allowed, subject to a motion by an adverse party for a postponement under 438-006-0081 or a continuance under 438-006-0091. If, during the hearing, the evidence supports an issue or issues not previously raised, the Administrative Law Judge may allow the issue(s) to be raised during the hearing. In such a situation, the Administrative Law Judge may continue the hearing pursuant to 438-006-0091. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.307 & 656.726(5) History: WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14 WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 3-1987(Temp), f. 8-27-87, ef. 9-15-87
438-006-0036 Response (1) Consistent with the Board's policy described in OAR 438-005-0035 and subject to 438-006-0045(2), not later than 21 days after the issuance of the Board's Notice of Hearing under OAR 438-006-0020, a party defending against a request for hearing shall, on a form prescribed by the Board, file with the Board and simultaneously serve copies on all other parties a response specifying the respondent's position on the issues raised and relief requested and any additional issues raised and relief requested by the respondent. (2) Consistent with the Board's policy described in OAR 438-005-0035, amendments may be allowed, subject to a motion by an adverse party for a postponement under OAR 438-006-0081 or a continuance under 438-006-0091. If, during the hearing, the evidence supports an issue or issues not previously raised, the Administrative Law Judge may allow the issue(s) to be raised during the hearing. In such a situation, the Administrative Law Judge may continue the hearing pursuant to OAR 438-006-0091. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.307 & 656.726(5) History: WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14 WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 3-1987(Temp), f. 8-27-87, ef. 9-15-87
438-006-0037 Waiver of Notice A party may waive objection to lack of notice, or a defect in the form of notice, of any issue raised at a hearing. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.307, 656.388, 656.593 & 656.726(4) History: WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 3-1987(Temp), f. 8-27-87, ef. 9-15-87
438-006-0045 Motions, Arguments (1) Except for motions under section (2) of this rule, unless otherwise agreed among the parties and the Administrative Law Judge, pre or post hearing motions shall be filed in writing and copies shall be simultaneously served on all parties or their attorneys. (2) A party may file a motion for clarification of the issues raised and relief requested by any party in a specification of issues under OAR 438-006-0031 or a response under 438-006-0036. (3) A motion under section (2) of this rule shall be denied, unless the moving party files a certificate verifying a good faith effort to confer in an attempt to clarify the issues raised and relief requested. (4) In resolving a motion for clarification under section (2) of this rule, the Administrative Law Judge shall consider the Board's policy described in OAR 438-005-0035. (5) Failure of a party to reasonably respond to a clarification request may be grounds for a postponement under OAR 438-006-0081 or a continuance under OAR 438-006-0091. (6) Unless otherwise ordered by the Administrative Law Judge, ten days after filing shall be allowed for written response to a motion. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.307, 656.388, 656.593 & 656.726(4) History: WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14 WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-006-0050 Preliminary Rulings The Presiding Administrative Law Judge or delegate shall rule on all preliminary matters. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.307, 656.388, 656.593 & 656.726(4) History: WCB 3-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-006-0055 Depositions Depositions of medical or vocational experts are permitted by agreement of the parties, or by approval of an Administrative Law Judge, subject to the provisions of ORS 656.285. Depositions of claimants are permitted in the manner prescribed by ORS 656.262(14). Depositions of other lay witnesses are not permitted over objection unless the Presiding Administrative Law Judge or delegate finds that extraordinary circumstances justify the deposition. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.262(14), 656.388, 656.593 & 656.726(5) History: WCB 4-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 1-2009, f. 10-7-09, cert. ef. 1-1-10 WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-006-0062 Prehearing Conference (1) In accordance with ORS 656.726(5), an informal prehearing conference may be held by the Hearings Division to: (a) Expedite claim adjudication; (b) Amicably dispose of controversies, if possible; (c) Narrow issues; and (d) Simplify the method of proof at hearings. (2) Unless otherwise agreed among the parties and the Administrative Law Judge, the parties shall be given not less than ten days notice of the date of the conference. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) & 656.283(9) History: WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14 WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90 WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90