justicedao/ipfs_state_laws huggingface dataset:
438-007-0017 Impeachment Evidence (1) Impeachment evidence is material which: (a) Attacks the capacity of the witness to perceive, recall or recount; (b) Tends to establish that the witness has a character for untruthfulness; (c) Establishes prior convictions for felonies or crimes involving false statement or dishonesty; (d) Tends to establish bias; (e) Reveals a prior material inconsistent statement; (f) Reveals material contradictions in statements made by the witness; (g) Attacks the expertise of a witness through learned treatises. (2) Impeachment evidence consisting of medical or vocational reports not used during the course of the hearing must be provided to any opposing party at the conclusion of the presentation of evidence and before closing arguments are presented. Any other withheld impeachment evidence is not subject to disclosure. (3) Impeachment evidence shall not be considered by the Administrative Law Judge as substantive evidence, unless the opposing party offers any withheld evidence as substantive evidence. Statutory/Other Authority: ORS 656.726(4) & 654.025(2) Statutes/Other Implemented: ORS 656.726(4) History: WCB 2-1997, f. 12-12-97, cert. ef. 3-1-98 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
438-007-0019 Testimony at Hearings All testimony at the hearing shall be upon oath or affirmation administered by the Administrative Law Judge. Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4) Statutes/Other Implemented: ORS 656.726(2)(b) History: WCB 5-1987, f. 12-18-87, ef. 1-1-88
438-007-0022 Manner of Taking Testimony of Lay Witnesses (1) Testimony of lay witnesses shall be taken by personal appearance of the witness before the Administrative Law Judge at the hearing. (2) When a lay witness is unable to attend the hearing due to extraordinary circumstances beyond the control of the party offering the testimony and the testimony of the witness cannot be taken by deposition, the Administrative Law Judge may allow testimony to be taken in any manner that will afford substantial justice and insure a complete and accurate record of all examination and testimony. Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4) Statutes/Other Implemented: ORS 656.726(2)(d) History: WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 2-1989, f. 3-3-89, ef. 4-1-89 WCB 1-1988, f. & ef. 6-1-88 WCB 6-1987(Temp), f. & ef. 12-18-87
438-007-0023 Order of Presentation of Evidence and Argument at Hearing The party bearing the burden of proof on an issue in a hearing has the right of first and last presentation of evidence and argument on the issue. Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4) Statutes/Other Implemented: ORS 656.726(2)(d) History: WCB 2-1989, f. 3-3-89, ef. 4-1-89
438-007-0024 Offers of Proof Whenever the Administrative Law Judge excludes a document or the testimony of a witness, the party adversely affected may make an offer of proof for the record in a form determined by the Administrative Law Judge. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03
438-007-0025 Reconsideration (1) The Administrative Law Judge may reopen the record and reconsider the decision before a request for review is filed or, if none is filed, before the time for requesting review expires. Reconsideration may be upon the Administrative Law Judge’s own motion or upon a motion by a party showing error, omission, misconstruction of an applicable statute or the discovery of new material evidence. (2) A motion to reconsider shall be served on the opposite parties by the movant and, if based on newly discovered evidence, shall state; (a) The nature of the new evidence; and (b) An explanation why the evidence could not reasonably have been discovered and produced at the hearing. Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4) Statutes/Other Implemented: ORS 656.283(7) & 656.726(4) History: WCB 13-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-007-0027 Hearing for Purpose of Own Motion Recommendation (1) Where the Administrative Law Judge determines that an issue(s) raised by a party is within the Board’s Own Motion jurisdiction, the Administrative Law Judge may proceed with a fact-finding hearing or other proceeding that the Administrative Law Judge deems achieves substantial justice (without notifying or requesting permission from the Board prior to going forward with such a fact-finding hearing or other proceeding) for the purpose of providing an unappealable recommendation to the Board regarding the issue(s) within the Board’s Own Motion jurisdiction. (2) If the Administrative Law Judge chooses to proceed with a fact-finding hearing or other proceeding as described in section (1), the Administrative Law Judge shall: (a) Make findings of fact and conclusions of law regarding the Own Motion issue(s) within the time required to issue any appealable order in the related case issued regarding matters within the Administrative Law Judge’s jurisdiction; and (b) Forward to the Board a separate, unappealable recommendation with respect to the Own Motion issue(s) and a copy of any appealable order in the related case issued regarding matters within the Administrative Law Judge’s jurisdiction. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03
438-007-0030 Unofficial Recording of Hearing Prohibited An Administrative Law Judge shall prohibit broadcasting, televising, sound or video recording and the taking of photographs within the hearing room and of events in the hearing room from outside the hearing room while the hearing is in session and during recesses between sessions, except sound recording of a hearing by the Administrative Law Judge or an official hearing reporter for the purpose of making a record of the hearing. To the extent the Administrative Law Judge deems necessary, the same prohibitions may be applied to areas immediately adjacent to the hearing room where the activities may interrupt or interfere with entry to or exit from the hearing room, distract or disturb proceedings within the hearing room or otherwise interfere with the conduct of the hearing. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.283(7) & 656.726(4) History: WCB 1-1988, f. & ef. 6-1-88
438-007-0040 Electronic Documents (1) If any party, in the regular course of the party’s business or activity, has kept or recorded any memorandum, writing, entry, print, reproduction or a combination thereof, of any act, transaction, occurrence or event, and in the regular course of the party’s business or activity has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself whether the original is in existence or not at the time a party introduces into evidence such reproduction. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. (2) If a party introduces into evidence a reproduction described in subsection (1), the exhibit index described in OAR 438-007-0018 will include the following certification: "The attached exhibits contain reproductions as described in 438-007-0040. I hereby certify that the reproductions were created in the regular course of a party’s business or activity." Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) & 656.283(7) History: WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02
438-007-0045 Translation of Documents (1) Subject to section (2), all documents admitted at hearing shall be written in the English language. (2) Any document that contains language that is not written in the English language may be admitted as evidence if: (a) the parties stipulate (either in writing or orally) the English translation for the non-English language; or (b) the party offering the document for admission includes an English translation of the non-English language. (3) Any dispute regarding the accuracy of the English translation of the non-English language described in section (2)(b) shall be resolved by the Administrative Law Judge. In doing so, the Administrative Law Judge may consult any person/entity that the Administrative Law Judge deems achieves substantial justice. (4) The costs incurred in reaching a stipulation described in subsection (2)(a) shall be borne in the manner agreed upon by the parties. (5) The costs incurred in obtaining the English translation of the non-English language described in subsection (2)(b) shall be borne by the party offering the translation for admission into the evidentiary record. (6) The costs incurred by the claimant under subsection (2)(a) and section (5) are subject to reimbursement under ORS 656.386(2), OAR 438-015-0005(8) and OAR 438-015-0019. (7) The costs incurred in assisting the Administrative Law Judge to reach resolution of a dispute under section (3) shall be borne by the Board. Statutory/Other Authority: ORS.656.726(5) Statutes/Other Implemented: ORS.656.726(5) History: WCB 1-2019, adopt filed 04/02/2019, effective 06/01/2019
438-009-0001 Special Definitions As used in this division: (1) "Claim Disposition Agreement" means a written agreement pursuant to ORS 656.236(1), executed by all parties in which a claimant agrees to release rights, or agrees to release an insurer or self-insured employer from obligations, under 656.001 to 656.794 except for medical services, in an accepted claim. (2) "Disputed Claim Settlement" means a written agreement pursuant to ORS 656.289(4), executed by all parties in which the parties agree to make a reasonable disposition of all or part of a claim in which there is a bona fide dispute over the compensability of the claim. (3) "Settlement Stipulation" means a written agreement or an oral agreement if made on the oral record of a hearing and approved in writing by an Administrative Law Judge, in which any matter contested between the parties, other than matters resolvable in a claim disposition agreement or disputed claim settlement, are resolved by agreement of the parties. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.236, 656.289(4) & 656.726(5) History: WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02 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
438-009-0005 Settlement Stipulations (1) Contested matters arising out of a claim closure may be resolved by the parties at any time after the conclusion of the reconsideration proceeding under ORS 656.268, whether or not a hearing has been requested by a party. (2) Any contested matters not arising out of a claim closure may be resolved by the parties at any time, whether or not a hearing has been requested by a party. (3) All settlement stipulations that provide for an award of compensation for permanent partial disability for dates of injury occurring before January 1, 2005 shall recite the body part(s) for which the award(s) is (are) made and shall recite all awards in both degrees and percent of loss. In the event there is any inconsistency between the stated degrees and percent of loss awarded in a settlement stipulation, the stated percent of loss shall be controlling. For dates of injury occurring on or after January 1, 2005, all settlement stipulations that provide for an award of compensation for permanent disability shall recite the whole person impairment and work disability. (4) For purposes of ORS 656.289(1)–(3), an Administrative Law Judge's order approving a settlement stipulation is a determination of all matters included within the terms of the settlement stipulation. (5) All settlement stipulations shall recite whether a claim disposition agreement in the claim has been filed. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.268 & 656.289(1)-(3) History: WCB 1-2013, f. 2-11-13, cert. ef. 4-1-13 WCB 2-2007, f. 12-11-07, cert. ef. 1-1-08 WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02 WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90 Reverted to WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90 WCB 5-1987, f. 12-18-87, ef. 1-1-88 WCB 1-1984, f. 4-5-84, ef. 5-1-84
438-009-0015 Notice of Settlement; Submission of Documents (1) The party that requested the hearing shall promptly notify the Presiding Administrative Law Judge, or delegate, when a case is settled in whole or in part. (2) The party that requested Board review shall promptly notify the Board's Closing and Appeals Division in writing when a case is settled in whole or in part. (3) The Presiding Administrative Law Judge, or delegate, may require written notice of settlement as a condition of cancellation of a scheduled hearing. (4) With the consent of the assigned Administrative Law Judge, the parties may enter a settlement on the oral record at the time and place scheduled for the hearing. With the exception of a disputed claim settlement, the Administrative Law Judge may enter an order reciting and approving the settlement in such cases, without the submission of documents by the parties. With the consent of the parties, the official oral record, including the Administrative Law Judge's approval, which is subject to transcription if necessary, is sufficient authority for the payment of settlement amounts in advance of the formal written order. (5) Notwithstanding OAR 438-005-0046(1)(d), in all cases settled by disputed claim settlement or written stipulation of the parties, the settlement document shall be mailed or delivered to the Administrative Law Judge or the Board for approval. If the disputed claim settlement or written stipulation pertains to the resolution of disputes pending before both the Hearings Division and the Board, the settlement document shall recite the issues resolved by the Opinion and Order that is pending before the Board. If the disputed claim settlement or written stipulation is mailed or delivered to the Hearings Division for approval and the agreement either formally or effectively modifies a dispute which is pending before the Board, the disputed claim settlement or stipulation shall be submitted in a format to provide for both Hearings Division and Board approval. (6) Unless a party has filed prior written notice with the Hearings Division or the Board that the party wants an exhibit returned to them, all exhibits (with the exception of exhibit lists) may be discarded from the record following: (a) Administrative Law Judge or Board approval of a settlement stipulation or disputed claim settlement; (b) An Administrative Law Judge order dismissing a party's hearing request in response to that party's withdrawal of the request; or (c) A Board order dismissing a party's request for Board review in response to that party's withdrawal of the request for Board review. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.236, 656.289(4) & 656.726(5) History: WCB 14-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 1-2012, f. 8-22-12, cert. ef. 11-1-12 WCB 1-2004, f. 6-23-04 cert. ef. 9-1-04 WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02 WCB 1-1999, f. 8-24-99, cert. ef. 11-1-99 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 1-1990, f. 1-24-90, cert. ef. 2-28-90 WCB 5-1987, f. 12-18-87, ef. 1-1-88
438-009-0020 Claim Disposition Agreements; Form Any document filed with the Board for approval by the Administrative Law Judge who mediated the agreement or the Board Members as a claim disposition agreement shall: (1) Contain the terms, conditions, and information as prescribed by the Board pursuant to OAR 438-009-0022; (2) Be in a separate document from a disputed claim settlement; and (3) Include, in prominent or bold-face type, the following paragraph, which shall be located at the conclusion of the document after the signature lines for the parties: "THIS AGREEMENT IS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED BY THE BOARD. SEE ORS 656.236(1). ACCORDINGLY, THIS CLAIM DISPOSITION AGREEMENT IS APPROVED. AN ATTORNEY FEE PAYABLE TO CLAIMANT'S ATTORNEY ACCORDING TO THE TERMS OF THIS AGREEMENT IS ALSO APPROVED. IT IS SO ORDERED. DATED THIS ___ DAY OF ________, 20__. _________________________ Board Member or Administrative Law Judge who mediated the agreement _________________________ Board Member NOTICE TO ALL PARTIES: THIS ORDER IS FINAL AND IS NOT SUBJECT TO REVIEW. ORS 656.236(2)." (4) If the document filed for approval lacks any of the information required by section (1) of this rule, the Administrative Law Judge who mediated the agreement or the Board may: (a) Mail a letter notifying the parties that the deficiency must be corrected and that an addendum signed by one or more of the parties or their representatives must be filed in the manner described in the letter within 21 days from the date of the letter; and (b) In the event that the deficiency is not corrected in the manner and within the time described in subsection (a) of this section, disapprove the proposed agreement as unreasonable as a matter of law under ORS 656.236(1)(a). Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.236 History: WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14 WCB 1-2013, f. 2-11-13, cert. ef. 4-1-13 WCB 2-2007, f. 12-11-07, cert. ef. 1-1-08 WCB 1-1999, f. 8-24-99, cert. ef. 11-1-99 WCB 2-1995, f. 11-13-96, cert. ef. 1-1-96 WCB 5-1991, f. 8-22-91, cert. ef. 9-2-91 WCB 1-1991(Temp), f. & cert. ef. 3-8-91 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
438-009-0023 Notice to Claimant Required Each claimant shall, at the time of execution of a Claim Disposition Agreement, be given a written notice, separate from the agreement, in the form prescribed by the Board pursuant to OAR 438-009-0022. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.236 History: WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 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
438-009-0025 Claim Disposition Agreements; Processing (1) The parties shall file the claim disposition agreement with the Board for approval by the Administrative Law Judge who mediated the agreement or the Board Members. Any claim disposition agreement may be filed in accordance with OAR 438-005-0046(1)(a) and (1)(d). The claim disposition agreement shall be retained in the Board’s file and a copy will be provided for the Director’s claim file. (2) Any claim disposition agreement filed under section (1) of this rule, shall be deemed to have been submitted as of the date the agreement is received by the Administrative Law Judge who mediated the agreement or the Board. All times to be calculated shall be calculated from the date of receipt of the agreement by the Administrative Law Judge who mediated the agreement or the Board. (3) A request by an unrepresented claimant to meet with the Board must be made to the Board not more than 30 days after the Board's receipt of a claim disposition agreement, but need not be in any particular form; verbal requests will be accepted. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.236 History: 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 1-1999, f. 8-24-99, cert. ef. 11-1-99 WDB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 2-1993, f. 9-9-93, cert. ef. 12-1-93 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
438-009-0028 Announcement of CDA Approval Order (1) Except as provided in section (2) of this rule, the announcement that a Claim Disposition Agreement has received approval by the Administrative Law Judge who mediated the agreement or the Board may be provided in the following manner: (a) For registered users, notification will be provided through the Board’s website portal (https://www.portal.wcb.oregon.gov); (b) The announcement of the order approving a Claim Disposition Agreement will be posted on the Board’s website, which shall constitute notice of the approval of the agreement to the party and the party’s attorney; or (c) By postcards as prescribed in sections (3) and (4) of this rule. (2) For unrepresented claimants, the announcement that a Claim Disposition Agreement has received approval by the Administrative Law Judge who mediated the agreement or the Board shall be provided by postcards as prescribed in sections (3) and (4) of this rule. (3) With the exception of a Claim Disposition Agreement described in section (2) of this rule, the parties may also file self-addressed "Announcement of CDA Approval Order" postcards which shall be mailed by the Administrative Law Judge who mediated the agreement or the Board to all parties and their attorneys if the claim disposition agreement is approved. The Administrative Law Judge who mediated the agreement may also physically deliver the postcards to all parties and their attorneys as provided in OAR 438-009-0030(6). (4) The postcard, which shall be in a form prescribed by the Board, shall provide the following information: (a) The claimant's name; (b) The claim number; and (c) Blank spaces for the Administrative Law Judge who mediated the agreement or the Board to insert: (A) The CDA case number; and (B) The date when the claim disposition agreement was approved. (5) If an insufficient number of postcards is filed by the parties or if any postcard lacks the information set forth in section (4) of this rule, the Administrative Law Judge who mediated the agreement or the Board may follow the procedures described in OAR 438-009-0020(4). Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.236 History: 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 2-1995, f. 11-13-96, cert. ef. 1-1-96 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 2-1993, f. 9-9-93, cert. ef. 12-1-93