reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0015 - Notice of Settlement; Submission of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0020 - Claim Disposition Agreements; Form

Current through Register Vol. 63, No. 7, July 1, 2024
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
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).
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0022 - Required Information in a Claim Disposition Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a claim disposition agreement involves more than one claim, the disposition
			 shall contain all of the information required by this rule for each claim
			 including a separate first page of the claim disposition agreement as set forth
			 in section (3) of this rule.
(2)
			 The insurer/self-insured employer shall provide the claimant information
			 explaining claim dispositions in a separate enclosure accompanying the proposed
			 claim disposition agreement. The Board shall prescribe by a bulletin the
			 specific form and format for the enclosure. If the claimant does not read or
			 comprehend English, or is otherwise unable to understand written language, the
			 insurer/self-insured employer shall provide this information in a language or
			 other manner which ensures the worker understands the meaning of the
			 disposition.
(3) The first page of
			 the claim disposition agreement shall include, but not be limited to, the
			 following information:
(a) The worker's
			 name;
(b) The case number assigned
			 to the claim by the Board, if any;
(c) The insurer's/self-insured employer's
			 claim number;
(d) The date of the
			 compensable injury or disease;
(e)
			 The file number assigned to the claim by the Workers' Compensation Division, if
			 known;
(f) The name of the
			 insurer/self-insured employer;
(g)
			 Specific identification of all benefits, rights and insurer/self-insured
			 employer obligations under Workers' Compensation Law which are released by the
			 agreement;
(h) The total attorney
			 fee, if any, to be paid to claimant's attorney;
(i) The total amount (excluding attorney fee)
			 to be paid to the claimant; and
(j)
			 A statement indicating whether or not the parties are waiving the "30-day"
			 approval period of ORS 656.236(1)(a)(C) as permitted by
			 656.236(1)(b).
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0023 - Notice to Claimant Required

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.236
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0025 - Claim Disposition Agreements; Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.236
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0028 - Postcard Announcing CDA Approval Order

Current through Register Vol. 63, No. 7, July 1, 2024
(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 [File Link Not Available]);
(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.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0030 - Claim Disposition Agreements; Stay of Other Proceedings; Payment of Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding OAR 438-006-0081, 438-006-0091, 438-011-0020  and 438-011-0025,
			 the receipt of a claim disposition agreement by the Administrative Law Judge
			 who mediated the agreement or the Board shall suspend all other proceedings
			 before the Board and the Hearings Division until completion of action upon the
			 agreement, except that the Board shall accept and file requests for hearing and
			 Board review for purposes of establishing jurisdiction.
(2) In those cases where the claimant is
			 unrepresented or the claim disposition agreement does not include a provision
			 in which the parties waive their "30-day" rights to seek disapproval, the
			 Administrative Law Judge who mediated the agreement or the Board shall notify
			 the parties and the Director of the receipt of a claim disposition
			 agreement.
(3) In all cases, the
			 Administrative Law Judge who mediated the agreement or the Board shall notify
			 the Director of the receipt of a claim disposition agreement.
(4) In cases in which a party has requested
			 judicial review of an order of the Board and such judicial review is pending on
			 the date the Board receives the claim disposition agreement, the Administrative
			 Law Judge who mediated the agreement or the Board shall notify the State Court
			 Administrator of the receipt of the agreement.
(5) In the event that the Administrative Law
			 Judge who mediated the agreement or the Board Members issue a separate written
			 decision, the Administrative Law Judge or the Board will provide a copy of the
			 decision for the Director's claim file, and copies of that decision approving
			 or disapproving a claim disposition agreement shall be mailed to parties and
			 their attorneys.
(6) Except as
			 otherwise provided in section (5) of this rule, the signature of the
			 Administrative Law who mediated the agreement or two Board Members on a claim
			 disposition agreement shall constitute a final order approving the disposition
			 under ORS 656.236(1).
			 Notice of this approval shall be accomplished in the manner provided in OAR
			 438-009-0028.
(7) Payment of the
			 disposition shall be made no later than the 14th day after notice of its
			 approval has been mailed or delivered under Section (5) or (6) of this rule to
			 the parties, unless otherwise stated in the agreement.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.236
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0035 - Reconsideration of Claim Disposition Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A motion for reconsideration of final
			 orders issued under ORS
			 656.236 and these rules shall be
			 filed within 10 days of the date of mailing of the order.
(2) The Administrative Law Judge who mediated
			 the agreement or the Board may reconsider final orders under ORS
			 656.236, provided that the
			 motion for reconsideration:
(a) Is filed in
			 accordance with section (1) of this rule; and
(b) States specifically the reason(s)
			 reconsideration is requested.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 10 - APPLICABILITY OF THE PERMANENT DISABILITY RATING STANDARDS › Section 438-010-0010 - Effective Date for Applying Disability Standards

Current through Register Vol. 63, No. 7, July 1, 2024
In applying the disability rating standards at hearing and on
				review, the Administrative Law Judge and the Board shall apply the disability
				rating standards as required by OAR 436-035-0003.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.283(7)
				  & ORS 656.295(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0005 - Request for Board Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 time for and manner of filing a request for Board review of a Administrative
			 Law Judge's order are set forth in ORS
			 656.289,
			 656.295, and OAR
			 438-005-0046.
(2) Copies of a
			 request for Board review of an Administrative Law Judge's order shall be
			 simultaneously served on all parties to the proceeding and to their attorneys,
			 if represented by an attorney.
(3)
			 The request should recite the name of the claimant, the WCB case number, the
			 identity of the party requesting review and should contain a brief statement of
			 the reason review is requested.
(4)
			 The request should also recite whether payment of compensation will be stayed
			 under ORS 656.313.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.289(3)
				  & 656.295(1)(2)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to all cases in which a party or parties
				request Board review of an order of an Administrative Law Judge pursuant to ORS
				656.289,
				656.291,
				656.295 and
				656.307 and to cases in which a
				party requests a decision of the Board under the third party law, ORS
				656.576 through
				656.596. These rules do not
				apply to proceedings before the Board on its own motion pursuant to ORS
				656.278 and proceedings before
				the Board after remand from an appellate court.
Stat. Auth.: ORS
				  656.307,
				  656.388,
				  656.593 &
				  656.726(4)
Stats. Implemented: ORS
				  656.295,
				  656.307,
				  656.587 &
				  656.594
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0015 - Scope of Board Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Review
			 by the Board is de novo upon the entire record. The Board may remand a matter
			 to the Hearings Division to take additional evidence, report findings to the
			 Board or to enter an Opinion and Order on remand.
(2) The Board will not ordinarily entertain
			 oral argument. All issues and arguments should be reduced to writing and filed
			 pursuant to OAR 438-011-0020. The case will be reviewed in the ordinary course
			 of business without prior notice to the parties of the date or time of
			 review.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.295(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0020 - Briefs and Other Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing of briefs is not jurisdictional; however, the Board views briefs as a
			 significant aid to the review process. Briefs submitted for consideration by
			 the Board shall comply with this section.
(2) The party requesting Board review shall
			 file its appellant's brief to the Board within 21 days after the date of the
			 Board's "Notice of Briefing." Respondent(s) shall file its (their) brief(s)
			 within 21 days after the date of filing of the appellant's brief. Any party who
			 has filed a cross-request for review shall include its cross-appellant's
			 opening brief as a part of its respondent's brief. An appellant may file a
			 reply and/or cross-respondent's brief within 14 days after the date of filing
			 of the respondent's and/or cross-appellant's brief. Any party who has not filed
			 a request for review may file a cross-respondent's brief within 14 days after
			 the date of filing of the cross-appellant's brief. A cross-appellant may file a
			 cross-reply brief within 14 days of the filing date of a cross-respondent's
			 brief. Unless otherwise authorized by the Board, no other briefs will be
			 considered.
(3) Extensions of time
			 for filing of briefs will be allowed only on written request filed pursuant to
			 OAR 438-005-0046(1)  no later than the date the brief is due. A statement
			 whether opposing counsel (or a party if the party is not represented by
			 counsel) objects to, concurs in or has no comment regarding the extension of
			 time requested shall be furnished in all cases. Briefing extensions will not be
			 allowed unless the Board finds that extraordinary circumstances beyond the
			 control of the party requesting the extension justify the extension.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.295(5)
				  & 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0022 - Expedited Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of OAR chapter 438 division 11, compensation is deemed stayed under ORS
			 656.313 if the employer/insurer
			 has filed a request for Board review on or after July 1, 1990 of an
			 Administrative Law Judge's order and compensation is due and unpaid under the
			 order for medical services, temporary disability benefits, permanent total
			 disability benefits, or to a surviving spouse prior to remarriage, to children
			 or dependents that accrued before the date of the order, or permanent
			 disability benefits.
(2) Board
			 review of Administrative Law Judge orders in cases described in section (1) of
			 this rule will be expedited.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented.: ORS
				  656.313(1)(6)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0023 - Request for Recusal of Board Member

Current through Register Vol. 63, No. 7, July 1, 2024
A request by a party that a Board member not participate in the
				review of a case shall be made in writing and filed with the Board not later
				than the due date of the party's first brief. The request shall state
				specifically why the Board member should not participate in review of the case.
				A Board member may decline to participate in the review if the Board member
				finds that there is a personal conflict of interest involving a matter or
				matters directly in issue in the case.
Statutory/Other Authority: ORS 656.307, 656.388, 656.593  & 656.726(4)
Statutes/Other Implemented: ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0025 - Motions That Toll Time

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise ordered by the Board, the filing of a motion
				to dismiss a request or cross-request for review or to remand a case to the
				Hearings Division tolls the time for the next event in the review
				process.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.295(5)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0030 - Motion for Waiver of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise prohibited by law, the Board may waive any
				provision of OAR 438-011 upon motion of a party. A motion for waiver of rules
				shall include a statement of the facts and circumstances relied upon and shall
				be simultaneously served upon all other parties or their attorneys. The motion
				may be allowed if the Board finds that extraordinary circumstances beyond the
				control of the party requesting waiver of a rule or rules justify such an
				action.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.295(5)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0031 - Request for Oral Argument

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At any time before expiration of the briefing schedule, a party may request
			 that the Board entertain oral argument.
(2) The Board may grant a request under
			 section (1) of this rule or, on its own motion, at any time prior to issuance
			 of its order schedule oral argument if the Board finds that:
(a) The case presents an issue of first
			 impression; and
(b) The issue for
			 resolution may have a significant impact on the workers' compensation
			 system.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0032 - Procedure at Oral Argument

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 those cases where the Board has granted oral argument under OAR 438-011-0031,
			 each party shall have 30 minutes to present its argument, unless the Board
			 member who is presiding at the argument designates a longer or shorter
			 period.
(2) The appellant shall
			 argue first and may reserve not more than 10 minutes of the time allowed for
			 argument in which to reply.
(3)
			 Unless the Board member who is presiding at the argument orders otherwise, a
			 party's argument must be presented by only one individual.
Stat. Auth.: ORS
				  656.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  656.295(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0035 - Review; Board Order; Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board order on review shall set
			 forth:
(a) The parties;
(b) The issues;
(c) The reviewing members;
(d) The Board's decision and
(e) Shall advise all parties of appeal
			 rights.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0045 - Third Party Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 party requesting the Board's resolution of a controversy arising under the
			 third party law, ORS 656.576 through
			 656.596, shall petition the
			 Board for relief. The party requesting relief is the petitioner and all other
			 parties are respondents.
(2) The
			 petition shall clearly identify the party seeking relief, shall clearly state
			 the relevant facts and the nature of the dispute and shall specify the relief
			 sought. All relevant evidence shall be attached to the petition. Testimonial
			 evidence shall be by deposition, affidavit or written interrogatories. True
			 copies of the petition and all attachments shall be served on all other parties
			 to the dispute.
(3) The Board shall
			 acknowledge receipt of the petition to all named parties. The respondent(s)
			 shall be allowed 21 days to file evidence and argument in response to the
			 petition. The petitioner shall be allowed 14 days to file a reply argument. The
			 time for filing may be extended by the Board upon motion of a party. The Board
			 will issue its order within a reasonable time after all argument and evidence
			 has been filed.
(4) Settlement
			 documents in civil actions under ORS
			 656.576 through
			 656.596 shall not be submitted
			 to the Board unless there is a dispute requiring resolution by the
			 Board.
Stat. Auth.: ORS
				  656.307,
				  656.388,
				  656.593 &
				  656.726(5)
Stats. Implemented: ORS
				  656.587 &
				  656.593
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 11 - BOARD REVIEW; THIRD PARTY ORDERS › Section 438-011-0055 - Third Party Election Letter

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a self-insured employer or insurer
			 (hereafter "paying agency") intends to require the claimant or other
			 beneficiaries or the legal representative of a deceased worker (hereafter "the
			 claimant") to exercise the right of election provided in ORS
			 656.578 to recover damages from
			 a noncomplying employer or third person (hereafter "third party"), the paying
			 agency shall serve a written demand by registered or certified mail or by
			 personal service upon the claimant or, if represented, the claimant's
			 attorney.
(2) The paying agency
			 shall include with its "third party election" letter described in section (1)
			 of this rule, in a separate enclosure, information explaining the "third party
			 election/assignment" process. The Board shall prescribe by bulletin the
			 specific form and format for the enclosure. If the claimant does not read or
			 comprehend English, or is otherwise unable to understand written language, the
			 paying agency shall provide this information in a language or other manner that
			 ensures that the claimant understands the meaning of the letter.
(3) The "third party election" letter, as
			 described in section (1) of this rule shall:
(a) Contain the information prescribed by ORS
			 656.583; and
(b) Include a statement that the claimant has
			 also been provided the informational enclosure prescribed by bulletin pursuant
			 to section (2) of this rule.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Own Motion
			 Board" and "Board" mean the Workers' Compensation Board acting under its
			 authority pursuant to ORS
			 656.278 and these
			 rules.
(2) "Own Motion Claim"
			 means:
(a) A written request, including such a
			 request related to an injury occurring before January 1, 1966, by or on behalf
			 of a claimant for temporary disability compensation or claim reopening
			 regarding a worsened condition that has been determined to be compensable and
			 that was initiated after the rights under ORS
			 656.273 expired (i.e., a
			 "post-aggravation rights" "worsened condition" claim);
(b) A new medical condition or an omitted
			 medical condition, including such a condition related to an injury occurring
			 before January 1, 1966, that is related to an initially accepted claim that has
			 been determined to be compensable and that was initiated after the rights under
			 ORS 656.273 expired (i.e., a
			 "post-aggravation rights" new medical condition or omitted medical condition
			 claim); or
(c) A written request by
			 or on behalf of a claimant for medical benefits for a compensable injury that
			 occurred before January 1, 1966, unless the injury occurred from August 5, 1959
			 through December 31, 1965 and resulted in an award of permanent total
			 disability.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0016 - Communication with Board and Parties in Own Motion Cases

Current through Register Vol. 63, No. 7, July 1, 2024
A copy of any document in an Own Motion proceeding, including
				correspondence, directed to the Board or to a party in the claim shall be
				simultaneously mailed or delivered to all other parties involved in the claim
				or, if a party is currently represented by an attorney, to the party's
				attorney.
Stat. Auth.: ORS
				  656.278(1)
				  & 656.726(4)
Stats. Implemented: ORS
				  656.278(1)
				  & 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0017 - Written Argument and Other Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Timely compliance with Board requests for
			 written argument and/or timely responses to inquiries from the Board is
			 necessary to the Board's decision making process.
(2) Unless otherwise allowed by the Board,
			 extensions of time for the filing of written arguments/responses will be
			 allowed only on written request filed no later than the date the
			 argument/response is due. A statement whether opposing counsel (or a party, if
			 the party is not represented by counsel) objects to, concurs in or has no
			 comment regarding the extension of time requested should be furnished with the
			 extension request.
Stat. Auth.: ORS
				  656.278 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.278(1)
				  & ORS 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0018 - Applicability of Rules; Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules apply to claims in which a
			 request for compensation under the Board's Own Motion jurisdiction is in
			 existence or arose on or after the effective date of these rules.
(2) These rules in division 012 are effective
			 January 1, 2006.
Stat. Auth.: ORS
				  656.278 &
				  656.726(5)
Stats. Implemented: ORS
				  656.278(1)
				  & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0020 - Insurer to Process Own Motion Claim: Notice and Contents of Claim; Worsened Condition Claim; "Post-aggravation Rights" New Medical Condition or Omitted Medical Condition Claim; Pre-1966 Injury Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Own Motion claims, including
			 "post-aggravation rights" new medical condition or omitted medical condition
			 claims, shall first be directed to and processed by the insurer. An Own Motion
			 claim shall be legibly date-stamped on the date it is received by the
			 insurer.
(2) An Own Motion claim
			 shall contain sufficient information to identify the claimant and the
			 claim.
(3) An insurer is deemed to
			 have notice of an Own Motion claim for a "post-aggravation rights" worsened
			 condition when one of the following documents is submitted to the insurer by or
			 on behalf of the claimant:
(a) A written
			 request for temporary disability compensation or claim reopening regarding a
			 worsened condition that has been determined to be compensable as defined under
			 OAR 438-012-0001(3)  and that was initiated after the rights under ORS
			 656.273 expired; or
(b) Any document submitted to the insurer
			 after the expiration of aggravation rights regarding a worsened condition that
			 has been determined to be compensable as defined under OAR 438-012-0001(3)  that
			 reasonably notifies the insurer that the compensable injury results in the
			 claimant's inability to work and requires hospitalization or inpatient or
			 outpatient surgery, or other curative treatment prescribed in lieu of
			 hospitalization that is necessary to enable the claimant to return to
			 work.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0030 - Insurer Recommendation of Reopening or Denial of Claim Voluntarily Reopening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in section (3) of this rule, for "worsened condition" claims that
			 have been determined to be compensable as defined under OAR 438-012-0001(3)  and
			 "post-aggravation rights" new medical condition or omitted medical condition
			 claims that have been determined to be compensable as defined under OAR
			 438-012-0001(4), the Own Motion insurer shall, within 30 days after the claimed
			 condition has been determined to be compensable as defined under OAR
			 438-012-0001(3)  or 438-012-0001(4), either:
(a) Voluntarily reopen the Own Motion claim,
			 including any "post-aggravation rights" new medical condition or omitted
			 medical condition claim, under ORS
			 656.278(5) to
			 provide benefits allowable under ORS
			 656.278; or
(b) Submit to the Board a written
			 recommendation as to whether the Own Motion claim, including any
			 "post-aggravation rights" new medical condition or omitted medical condition
			 claim, should be reopened or not reopened, on a form prescribed by the Board,
			 accompanied by the required evidence supporting the recommendation. The Own
			 Motion insurer shall supply all information and evidence required by the form,
			 which should be marked as exhibits, arranged in chronological order, and
			 accompanied by an exhibit list. Copies of the recommendation form and any
			 supporting evidence shall be mailed to the claimant and the claimant's
			 attorney, if any.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0031 - Notification of Pending Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
Parties to an Own Motion proceeding shall notify the Board of
				any pending proceeding involving a contested case under ORS
				656.283 through
				656.298,
				656.307, or
				656.308, an arbitration or
				mediation proceeding under ORS
				656.307, a managed care dispute
				resolution review process, or a Director's medical review under ORS
				656.245,
				656.260, or
				656.327. The parties shall also
				specify the issues raised in that proceeding.
Stat. Auth.: ORS
				  654.025(2)
				  & 656.726(5)
Stats. Implemented: ORS
				  656.278(1)
				  & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0032 - Consent to Designation of Paying Agent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, when the Workers' Compensation Division notifies the Board that it is
			 prepared to issue an order designating a paying agent under ORS
			 656.307 and OAR 436-060-0180  if
			 the Board consents to the order where one or more insurers involved in the
			 proceeding is subject to ORS
			 656.278, the Board shall notify
			 the Benefits Section within ten days whether it consents to the
			 order.
(2) If the Board is unable
			 to determine from the available evidence whether the claimant would be entitled
			 to Own Motion relief if the Own Motion insurer was determined to be the
			 responsible insurer, the Board may require the parties to state their positions
			 in writing and submit any supporting evidence to the Board within ten days. The
			 time for the Board's response to the Workers' Compensation Division is
			 suspended during this process.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  656.278(1)
				  & ORS 656.307
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0035 - Temporary Disability Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The insurer may pay temporary disability
			 compensation in accordance with the provisions of ORS
			 656.210,
			 656.212(2) and
			 656.262(4) from
			 the time the attending physician authorizes temporary disability compensation
			 for the hospitalization, surgery, or other curative treatment until the
			 claimant's condition becomes medically stationary in those cases where:
(a) The Own Motion claim for temporary
			 disability compensation is filed after the aggravation rights under ORS
			 656.273 expired;
(b) There is a worsened condition that has
			 been determined to be compensable as defined under OAR 438-012-0001(3)  and that
			 results in the inability of the worker to work and requires hospitalization or
			 inpatient or outpatient surgery, or other curative treatment prescribed in lieu
			 of hospitalization that is necessary to enable the claimant to return to work;
			 and
(c) The claimant qualifies as a
			 "worker" pursuant to ORS
			 656.005(30).
			 "Worker" does not include a person who has withdrawn from the work force during
			 the period for which such benefits are sought.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0036 - Permanent Disability Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where a new medical condition or an
			 omitted medical condition claim has been determined to be compensable as
			 defined under OAR 438-012-0001(4)  and the claim was initiated after the
			 aggravation rights under ORS
			 656.273 expired, the insurer may
			 provide any permanent disability benefits to which the claimant is entitled
			 under application of the Standards adopted by the Director under
			 656.726 when the insurer closes
			 the claim pursuant to OAR 438-012-0055.
(2) Pursuant to ORS
			 656.278(2)(d),
			 an insurer may include permanent disability benefits for additional impairment
			 to an injured body part that has previously been the basis of a permanent
			 partial disability award, but only to the extent that the permanent partial
			 disability rating exceeds the permanent partial disability rated by the prior
			 award or awards.
(3) Permanent
			 disability pursuant to section (1) of this rule must be paid no later than the
			 30th day after:
(a) The date of an Own Motion
			 notice of claim closure;
(b) The
			 date of any litigation order which orders payment of permanent total
			 disability. Permanent total benefits accruing from the date of the order must
			 begin no later than the 30th day after the date of the order;
(c) The date any litigation order authorizing
			 permanent disability becomes final; or
(d) The date a claim disposition is
			 disapproved by the Board or Administrative Law Judge, if permanent disability
			 benefits are otherwise due.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0037 - Payment of Medical Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise provided in OAR 438-012-0020(7), for every
				condition resulting from a compensable injury occurring before January 1, 1966,
				the Own Motion insurer may pay for reasonable and necessary medical services
				when:
(1) Undertaken for curative
			 purposes;
(2) Provided to a
			 claimant who has been determined to have permanent total disability;
(3) Provided in the form of prescription
			 medications;
(4) Necessary to
			 administer prescription medication or to monitor administration of prescription
			 medication;
(5) Provided in the
			 form of prosthetic devices, braces and supports;
(6) Necessary to maintain and monitor the
			 status, replacement or repair of a prosthetic device, brace or
			 support;
(7) Necessary to diagnose
			 the claimant's condition;
(8)
			 Necessary to enable the claimant to continue current employment;
(9) Provided in the form of life-preserving
			 modalities similar to insulin therapy, dialysis and transfusions; or
(10) The Board determines that special
			 circumstances justify the provision of further medical
			 services.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.278(1)(c),
				  656.278(2)(c)
				  & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0040 - Action by Board after Insurer Recommendation

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 438-012-0050, within a reasonable
				time after receipt of the insurer's recommendation and supporting evidence and
				any additional evidence and argument from the claimant the Board may:
(1) Issue its order based upon the evidence
			 and argument submitted by the parties;
(2) Request additional evidence from one or
			 more of the parties; or
(3) Refer
			 the matter to the Hearings Division for an evidentiary hearing and recommended
			 findings of fact and conclusions.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  656.278(1)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0050 - Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board will act promptly upon a request for relief under the provisions of ORS
			 656.278 and these rules unless:
(a) The claimant has available administrative
			 remedies under the provisions of ORS
			 656.273;
(b) The claimant's condition is the subject
			 of a contested case under ORS
			 656.283 through
			 656.298,
			 656.307 or
			 656.308, or an arbitration or
			 mediation proceeding under
			 656.307; or
(c) The claimant's request for payment of
			 temporary disability compensation is based on surgery or hospitalization or
			 other curative treatment prescribed in lieu of hospitalization that is
			 necessary to enable the claimant to return to work that is the subject of
			 either a managed care dispute resolution review process or a Director's medical
			 review under ORS 656.245,
			 656.260 or
			 656.327.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0055 - Closure of Claims Reopened Under ORS 656.278

Current through Register Vol. 63, No. 7, July 1, 2024
When a claim has been voluntarily reopened or ordered reopened
				by the Board and the medical reports indicate to the insurer that the
				claimant's condition has become medically stationary, the claim shall be closed
				by the insurer without the issuance of a Board order. In all such cases the
				insurer shall issue a Notice of Closure (Form 2066) to the claimant with copies
				to the claimant's attorney, if any, and the Workers' Compensation Division. The
				notice shall be on the form prescribed by the Director and shall inform the
				claimant of the amount and duration of temporary disability compensation, the
				amount of any permanent disability award determined under ORS
				656.278(1)(b) and
				(2)(d), and the medically stationary date,
				and shall include the following notice in prominent or bold face type:
"IF YOU THINK THIS CLAIM CLOSURE IS WRONG, YOU MAY ASK THE
				WORKERS' COMPENSATION BOARD TO REVIEW IT AND DECIDE WHETHER YOU ARE ENTITLED TO
				MORE COMPENSATION. IF YOU DO NOT ASK FOR REVIEW WITHIN 60 DAYS OF THE DATE OF
				THIS NOTICE YOU WILL LOSE ANY RIGHT YOU MAY HAVE TO CONTEST THIS NOTICE UNLESS
				YOU CAN SHOW GOOD CAUSE FOR DELAY BEYOND 60 DAYS. AFTER 180 DAYS ALL RIGHTS
				WILL BE LOST. YOU MAY ASK FOR A REVIEW BY WRITING TO THE BOARD
AT 2601 25TH STREET SE, SUITE 150, SALEM, OREGON 97302-1280.
				YOU MAY HAVE AN ATTORNEY OF YOUR CHOICE, WHOSE FEE WILL BE LIMITED TO A
				PERCENTAGE OF ANY MORE COMPENSATION YOU MAY BE AWARDED."
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.278(1), (2)
				  & (6) & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0060 - Board Review of Insurer Closure; Referral for Medical Arbiter Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 request for Board review of the insurer's claim closure pursuant to OAR
			 438-012-0055  shall be in writing, signed by the claimant or the claimant's
			 attorney, and should include, but is not limited to, the following information:
(a) The claimant's name and mailing
			 address;
(b) A statement that Board
			 review is requested, and the reason(s) for the request for review; reasons for
			 requesting review may include, but are not limited to:
(A) Disagreement with the medically
			 stationary determination;
(B)
			 Disagreement with the temporary disability compensation awarded, including rate
			 of payment and/or dates awarded; and/or
(C) Disagreement with permanent disability
			 compensation awarded, if the claim was reopened for a "post-aggravation rights"
			 new medical condition claim and/or omitted medical condition claim. If the
			 claimant disagrees with the impairment used in rating of the claimant's
			 permanent disability for such a claim, the claimant may request appointment of
			 a medical arbiter;
(c)
			 The name of the insurer; and
(d) A
			 copy of the Notice of Closure (Form 2066).