justicedao/ipfs_state_laws huggingface dataset:
436-110-0150 Pilot Projects (1) The director may develop one or more pilot projects to test alternatives to the current system of re-employing preferred workers. (2) Notwithstanding any other provision of these rules, the director and others participating in pilot projects are bound by the terms of the pilot project. Statutory/Other Authority: ORS 656.622 & 656.726(4) Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 4-2013, f. 6-5-13, cert. ef. 6-7-13
436-110-0290 Employer at Injury Use of the Preferred Worker Program The conditions for the employer at injury to activate the Preferred Worker Program are: (1) Time frame. (a) For Preferred Worker Program assistance other than premium exemption, the employer at injury must request Preferred Worker Program assistance from the division within 180 days of the worker’s claim closure date, except as provided in subsection (1)(c). (b) Conditions for employer at injury activated premium exemption are provided in OAR 436-110-0325. (c) When worksite modifications are provided, and the modifications are completed and verified by the director more than 150 days after the worker’s claim closure date, the employer at injury will have 30 calendar days from the verification date to request other assistance. (2) Job offer. The worker must agree to accept the new or modified regular job with the employer at injury in writing. Form 4903, “Preferred Worker Job Offer Letter,” is a sample job offer letter. The job offer must include: (a) The start date, which is the date the worker begins receiving payment for the new or modified job. If the job starts after the modifications are in place, so note; (b) Wage and hours; (c) Job site location; and (d) Description of job duties that includes physical requirements. (3) Additional modifications. If the employer at injury uses worksite modification assistance and the employer or worker later requests additional modifications for the same job, the employer at injury’s worksite modification benefit will be exhausted before using the worker’s worksite modification benefits. Statutory/Other Authority: ORS 656.726(4) & 656.622 Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 4-2010, f. 9-15-10, cert. ef. 10-12-10 WCD 1-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
436-110-0320 Preferred Worker Card (1) The division will issue a preferred worker card to eligible workers. The card identifies a worker as being eligible to offer an employer Preferred Worker Program assistance. (2) The division will issue a preferred worker card: (a) Automatically at the time of claim closure based upon insurer submission of preferred worker information as specified in OAR 436-110-0240(4)(a); or (b) When the division determines the worker is eligible for the Preferred Worker Program. (3) The division may inactivate a preferred worker card if: (a) The card was issued in error; or (b) Any reason for ending Preferred Worker Program eligibility as specified in OAR 436-110-0310(5) applies. Statutory/Other Authority: ORS 656.622 & 656.726(4) Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05 WCD 7-2001, f. 8-14-01, cert. ef. 10-1-01 WCD 11-1997, f. 8-28-97, cert. ef. 9-12-97 WCD 4-1997(Temp), f. 3-13-97, cert. ef. 3-17-97 WCD 10-1996, f. 3-12-96, cert. ef. 4-5-96 WCD 1-1993, f. 1-21-93, cert. ef. 3-1-93, Renumbered from 436-110-0022 WCD 32-1990, f. 12-10-90, cert. ef. 12-26-90
436-110-0336 Wage Subsidy — Employer at Injury Activated Wage subsidy may be activated by the employer at injury as follows: (1) The job must be within the worker’s injury-caused restrictions. If a worksite modification is necessary to meet this requirement, wage subsidy will be deferred until: (a) The worksite modification is complete; or (b) The employer accommodates the worker’s injury-caused restrictions while waiting for the worksite modification to be complete. (2) The employer must complete and sign Form 2190, “Preferred Worker Wage Subsidy Agreement,” and submit it to the division in the time frames allowed in OAR 436-110-0290(1). (3) The completed and signed job offer required in OAR 436-110-0290(2) must accompany the request for wage subsidy benefits, unless it was already submitted with another request. (4) The employer at injury may use wage subsidy once during an eligibility period. Statutory/Other Authority: ORS 656.726(4) & 656.622 Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12 WCD 4-2010, f. 9-15-10, cert. ef. 10-12-10 WCD 1-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
436-110-0337 Wage Subsidy — Worker Activated A wage subsidy may be requested by a worker as follows: (1) The worker and employer must complete and sign Form 2190, “Preferred Worker Wage Subsidy Agreement,” and submit it to the division within three years of the date of hire. (2) A preferred worker may use wage subsidy as many times as needed, up to a maximum total reimbursement of $40,000. A worker with an exceptional disability may use wage subsidy twice with no maximum total reimbursement rate. The maximum total reimbursement will be restored if there is a subsequent claim closure, and the worker is unable to return to regular work. (3) If the employer at injury uses wage subsidy for a job, the worker may not use wage subsidy for the same job. (4) A worker can use a second wage subsidy with the same employer for a new job if: (a) The majority of job duties have changed; and (b) At least one year has passed from the end of the first wage subsidy period. Statutory/Other Authority: ORS 656.726(4) & 656.622 Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
436-110-0346 Employment Purchases – Employer at Injury Activated Conditions for use of employment purchases by the employer at injury are: (1) The employer must submit to the division a completed Form 2350, “Preferred Worker Employment Purchase Agreement,” listing items that are required of the worker to perform the job for which the worker is employed; and (2) The employer may use each employment purchase category once per eligibility period. Statutory/Other Authority: ORS 656.726(4) & 656.622 Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
436-110-0347 Employment Purchases — Worker Activated (1) Conditions for use of employment purchases by a worker are: (a) Except for moving expenses, placement assistance, and miscellaneous purchases needed to find a job, the worker and employer must submit a completed employment purchase agreement listing items that are required of the worker to obtain or perform the job; (b) Employment purchases may be used with a nonsubject employer in Oregon; and (c) The limits for each type of purchase will be restored if there is a subsequent claim closure and the worker is unable to return to regular work. (2) A preferred worker may request employment purchases as follows: (a) The worker must contact the division directly for assistance in receiving employment purchases. The worker may make the request before employment, as long as there is a job offer with a start date, but not more than three years after the date of hire; and (b) Form 2350, “Preferred Worker Employment Purchase Agreement,” must be completed and signed by the worker and employer and submitted to the division. Only the worker’s signature is required if the request is for moving expenses, placement assistance, or the miscellaneous category. Statutory/Other Authority: ORS 656.726(4) & 656.622 Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
436-110-0351 Worksite Modification — Employer at Injury Activated Conditions for use of worksite modifications by the employer at injury are as follows: (1) The employer at injury may use worksite modification assistance once for a job provided for its injured worker, or a second time if the worker changes to another job with the employer at injury within the timeframes allowed in OAR 436-110-0290(1); (2) Modifications are limited to a maximum of $35,000 on the claim that qualified the worker for assistance. A modification of more than $35,000 may be provided if the worker has an exceptional disability; and (3) Modifications may be provided for requests received within 180 days from the worker’s claim closure date. Additional modifications may be provided under an approved agreement by addendum for requests received within three years from the date the worker started work for the employer in employment for which the worksite modification request was made. Statutory/Other Authority: ORS 656.726(4) & 656.622 Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 4-2010, f. 9-15-10, cert. ef. 10-12-10 WCD 1-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
436-110-0352 Worksite Modification — Worker Activated Conditions for use of worksite modification assistance by the worker are as follows: (1) Modifications may be provided for requests received within three years from the date of hire; (2) A worker may use worksite modification assistance as often as necessary but only once per employer, with each use is limited to $35,000; and (3) A worker can use a second worksite modification with the same employer for a new job if the majority of the job duties have changed. Statutory/Other Authority: ORS 656.726(4) & 656.622 Statutes/Other Implemented: ORS 656.622 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 4-2010, f. 9-15-10, cert. ef. 10-12-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
436-110-0850 Audits (1) Insurers and employers are subject to periodic program and fiscal audits by the director. All reimbursements are subject to subsequent audits, and may be disallowed on any of the grounds set forth in these rules. Disallowed reimbursements may be recovered by the director directly or from future reimbursements by offset. If the director finds upon audit that procedures that led to disallowed reimbursements are still being used, the director may withhold further reimbursements until corrections satisfactory to the director are made. (2) An insurer or employer must maintain claim records, notices, worker payroll records, reports, receipts, and documentation of payment supporting re-employment assistance costs for which reimbursement has been requested or payment has been made. These records must be maintained for a period of three years after the last reimbursement request or payment. (3) The director reserves the right to visit the worksite to determine compliance with the agreement under which re-employment assistance has been provided. Statutory/Other Authority: ORS 656.455, 656.622, 656.726(4) & 731.475 Statutes/Other Implemented: ORS 656.455, 656.622 & 731.475 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 7-2001, f. 8-14-01, cert. ef. 10-1-01 WCD 11-1997, f. 8-28-97, cert. ef. 9-12-97, Renumbered from 436-110-0450 WCD 10-1996, f. 3-12-96, cert. ef. 4-5-96 WCD 1-1993, f. 1-21-93, cert. ef. 3-1-93, Renumbered from 436-110-0100 WCD 32-1990, f. 12-10-90, cert. ef. 12-26-90 WCD 12-1987, f. 12-17-87, cert. ef. 1-1-88 WCD 1-1987, f. 2-20-87, cert. ef. 3-16-87
436-110-0900 Sanctions (1) Penalties for false statement or report or misrepresentation. Any person who knowingly makes any false statement or representation to the director or an employee of the director for the purpose of obtaining any benefit or payment from the Preferred Worker Program, or who knowingly misrepresents the amount of a payroll or knowingly submits a false payroll report, is subject to penalties under ORS 656.990. (2) Reasons for sanction. Reasons for the director to sanction an individual certified under OAR 436-120, a vocational assistance provider authorized under OAR 436-120, an agency of the State of Oregon, an insurer, an employer, or a preferred worker include, but are not limited to, the following: (a) Misrepresenting information in order to obtain re-employment assistance. Examples of misrepresentation include: (A) Changing a job description or job title in order to obtain benefits when there are not corresponding job duty changes; and (B) Obtaining a worker’s signature on an incomplete, incorrect, or blank agreement or reimbursement request; (b) Making a serious error or omission that resulted in the director approving a Preferred Worker Program agreement issuing a preferred worker card, or reimbursing claim costs in error; (c) Failing to abide by the terms and conditions of a Preferred Worker Program agreement; (d) Failing to abide by the provisions of these rules or ORS 656.990; (e) Failing to return required receipts or invoices; (f) Submitting false reimbursement requests or job analyses; or (g) Altering a payment or form, or purchasing unauthorized items. (3) Possible sanctions. The director may order one or more of the following sanctions: (a) Ordering the person being sanctioned to repay the department for re-employment assistance costs incurred, including the department’s legal costs; (b) Prohibiting the person being sanctioned from negotiating or arranging re-employment assistance for such period of time as the director deems appropriate; (c) Decertifying an individual or vocational assistance provider under the authority of OAR 436-120; (d) Ordering an employer or worker ineligible for re-employment assistance for a specific period of time; or (e) Pursuing civil or criminal action against the party. Statutory/Other Authority: ORS 656.622 & 656.726(4) Statutes/Other Implemented: ORS 656.622 & 656.990 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05 WCD 7-2001, f. 8-14-01, cert. ef. 10-1-01 WCD 11-1997, f. 8-28-97, cert. ef. 9-12-97, Renumbered from 436-110-0500 WCD 10-1996, f. 3-12-96, cert. ef. 4-5-96 WCD 1-1993, f. 1-21-93, cert. ef. 3-1-93, Renumbered from 436-110-0110 WCD 32-1990, f. 12-10-90, cert. ef. 12-26-90 WCD 13-1990(Temp), f. 6-21-90, cert. ef. 7-1-90 WCD 12-1987, f. 12-17-87, ef. 1-1-88
436-120-0003 Purpose and Applicability of These Rules (1) Purpose of these rules. The purpose of the rules in OAR 436-120 is to: (a) Prescribe uniform standards for determining eligibility, delivery, and payment for vocational services to injured workers; (b) Prescribe procedures for resolving disputes; and (c) Establish standards for the certification of counselors and providers. (2) Applicability of rules. (a) The rules in OAR 436-120 govern vocational assistance under the workers' compensation law on or after the effective date of these rules. (b) The director's decisions under OAR 436-120-0008 regarding eligibility will be based on the rules in effect on the date the insurer issued the notice. (c) The director's decisions regarding the nature and extent of assistance will be based on the rules in effect at the time the assistance was provided. (d) If the director orders future assistance, such assistance must be provided in accordance with the rules in effect at the time assistance is provided. (e) Under the rules in OAR 436-120, a claim for aggravation or reopening a claim to process a newly accepted condition is considered a new claim for purposes of vocational assistance eligibility and vocational assistance, except as otherwise provided in these rules. (3) Director’s discretion. (a) The director may waive procedural rules as justice requires, unless otherwise obligated by statute. (b) If the worker has returned to work with the employer at injury, the director reserves the right to verify whether the employment is suitable. Statutory/Other Authority: ORS 656.340(9) & 656.726(4) Statutes/Other Implemented: ORS 656.206 & 656.340 History: WCD 15-2024, amend filed 06/07/2024, effective 07/01/2024 WCD 10-2018, minor correction filed 08/02/2018, effective 08/02/2018 WCD 8-2018, amend filed 07/17/2018, effective 08/01/2018 WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06 WCD 3-2004, f. 3-5-04, cert. ef. 4-1-04 WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02 WCD 4-2001, f. 4-13-01, cert. ef. 5-15-01 WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00 WCD 6-1996, f. 2-6-96, cert. ef. 3-1-96 WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95 WCD 11-1987, f. 12-17-87, cert. ef. 1-1-88 WCD 7-1985, f. 12-12-85, cert. ef. 1-1-86 WCD 5-1983, f. 12-14-83, cert. ef. 1-1-84, Renumbered from 436-061-0004, 5-1-85 WCD 2-1983, f. & cert. ef. 6-30-83 WCD 11-1982(Temp), f. 12-29-82, cert. ef. 1-1-83 WCD 4-1981, f. 12-4-81, cert. ef. 1-1-82 WCD 6-1980, f. 5-22-80, cert. ef. 6-1-80 WCD 1-1978, f. & cert. ef. 2-1-78 WCD 3-1977(Temp), f. 9-29-77, cert. ef. 10-4-77 WCB 1-1976, f. 3-29-76, cert. ef. 4-1-76;
436-120-0009 Submitting Documents or Information, Calculating Time, Availability of Forms (1) Submitting documents or information, calculating time. (a) Documents or information required under these rules to be submitted to the division may be: (A) Mailed to the following address: Workers’ Compensation Division Employment Services Team 350 Winter Street NE PO Box 14480 Salem, OR 97309-0405; (B) Physically delivered to the division’s Salem office; (C) Faxed; or (D) Submitted by any other method authorized by the director. (b) Timeliness of any document or information required by these rules to be submitted to the division is determined as follows: (A) If a document is mailed, it will be considered submitted on the date it is postmarked. (B) If a document is delivered, it must be delivered during regular business hours and marked by the division as received to be considered submitted on that date. (C) If a document is faxed, it must be received by 11:59 p.m. Pacific Time to be considered submitted on that date. Requests submitted by fax are considered submitted as of the date printed on the banner automatically produced by the transmitting fax machine. (D) If a document is submitted electronically, it must be received by 11:59 p.m. Pacific Time to be considered submitted on that date. The date and time of receipt for electronic submissions is determined under ORS 84.043. (c) Time periods under these rules are calculated in calendar days. The first day is not included. The last day is included unless it is a Saturday, Sunday, or legal holiday. In that case, the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Legal holidays are those listed in ORS 187.010 and 187.020. (2) Availability of forms. The forms and bulletins referenced in these rules are available on the division’s website at wcd.oregon.gov. Statutory/Other Authority: ORS 656.340(9) & ORS 726(4) Statutes/Other Implemented: ORS 656.340 History: WCD 15-2024, adopt filed 06/07/2024, effective 07/01/2024
436-120-0157 Determining Substantial Handicap to Employment (1) A counselor must do a substantial handicap evaluation as part of the eligibility evaluation when applicable. (2) To complete the substantial handicap evaluation the counselor must submit a report documenting the following information about the worker: (a) Relevant work history for at least the preceding five years; (b) Level of education, proficiency in spoken and written English or other languages, and achievement or aptitude test data if it exists; (c) Adjusted weekly wage and suitable wage; (d) Permanent limitations due to the injury; (e) An analysis of the worker's transferable skills, if any; (f) A list of physically suitable jobs for which the worker has the knowledge, skills, and abilities, that pay a suitable wage, and for which a reasonable labor market is documented to exist as described in subsection (g); (g) An analysis of the worker's labor market using standard labor market reference materials, including but not limited to information provided by the Employment Department’s Oregon Labor Market Information System (OLMIS) and Oregon Wage Information (OWI) (available on the Oregon Employment Department’s website at www.qualityinfo.org/). When using OWI data, the presumed standard will be the 10th percentile unless there is sufficient evidence that a higher or lower wage is more appropriate; and (h) Consideration of the vocational impact of any limitations that existed before the injury. (3) When determining the worker's eligibility for vocational assistance, the insurer may consider any knowledge, skills, and abilities the worker gained after the date of injury or aggravation that resulted from training provided by the employer; however, the insurer may not include any knowledge, skills, or abilities the worker gained at their own expense after the date of injury or aggravation. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.340(5) and (6) History: WCD 4-2022, amend filed 06/13/2022, effective 07/01/2022 Renumbered from 436-120-0340, WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 6-2005, f. 6-9-05, cert. ef. 7-1-05 WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04 WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02 WCD 4-2001, f. 4-13-01, cert. ef. 5-15-01 WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00 WCD 6-1996, f. 2-6-96, cert. ef. 3-1-96 WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95