436-140-0020 Alternative Dispute Resolution (1) A construction carve-out program may establish and operate an alternative dispute resolution system governing disputes between employees, employers, and their insurers. Any such system may include, but not be limited to: (a) Limitations on the liability of the employer while determinations regarding the compensability of an injury are being made; (b) A method for resolving disputes involving compensability of injuries and the amount of compensation due for a compensable injury, medical services, and legal services; (c) A method for payment of compensation for injuries incurred under the collective bargaining agreement, when the worker is no longer subject to the agreement; or (d) Arbitration and mediation procedures. (2) If a construction carve-out program establishes an alternative dispute resolution system, a dispute to which that system applies shall first be processed through that system before it is brought before another forum. (3) The plan administrator shall provide a written summary of the alternative dispute resolution system process to all parties to a dispute, or upon request. The written summary shall include at least the following: (a) The title, address, and telephone number of a contact person for the alternative dispute resolution system process; (b) The types of disputes to which the alternative dispute resolution system will apply and the types of disputes, if any, to which the dispute resolution processes provided by ORS Chapter 656, OAR chapters 436, and/or 438 will apply; (c) A description of the procedures and time frames at each level of the alternative dispute resolution system process; and (d) A statement of the right of an aggrieved party to request review by the Workers' Compensation Board, and reference to the applicable Board rules, after completion of the alternative dispute resolution system process. (4) Written notification must be provided to all parties, including the worker's attorney if the worker is represented, when the alternative dispute resolution system receives a dispute for resolution and when the dispute resolution system issues any decision in that dispute. The notice shall inform the parties of the status of the dispute, and of the next level of the dispute resolution process. (5) The time frame for resolution of a dispute by the alternative dispute resolution system, from date of receipt of a dispute until agreement or completion of the highest level of the system, including issuance of a final decision, shall not exceed 180 days without approval of all parties. (6) The director may, at any time and/or upon request, issue an order to further the dispute resolution system process. (7) The alternative dispute resolution system shall develop a record sufficient for any party to appeal a decision by the alternative dispute resolution system. (8) An aggrieved party to any decision, order or award of compensation issued under the alternative dispute resolution system may request review by the Workers’ Compensation Board in accordance with Chapter 656 and OAR chapter 438 after completion of the alternative dispute resolution system. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00