Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 5 - ADOPTION; DEFINITIONS; CONSTRUCTION; NOTICES REQUIRED › Section 438-005-0046 - Filing and Service of Documents; Correspondence

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing:
(a) Except as otherwise provided in
			 these rules, "filing" means the physical delivery of a thing to any permanently
			 staffed office of the Board, or the date of mailing;
(b) In addition to the procedures otherwise
			 described in these rules, "filing" may also be accomplished in the manner
			 prescribed in OAR chapter 436, division 009 or 010 for filing a request for
			 administrative review with the Director provided that the request involves a
			 dispute that requires a determination of either the compensability of the
			 medical condition for which medical services are proposed or whether a
			 sufficient causal relationship exists between medical services and an accepted
			 claim to establish compensability;
(c) If filing of a request for hearing or
			 Board review of either an Administrative Law Judge's order or a Director's
			 order finding no bona fide medical services dispute is accomplished by mailing,
			 it shall be presumed that the request was mailed on the date shown on a receipt
			 for registered or certified mail bearing the stamp of the United States Postal
			 Service showing the date of mailing. If the request is not mailed by registered
			 or certified mail and the request is actually received by the Board after the
			 date for filing, it shall be presumed that the mailing was untimely unless the
			 filing party establishes that the mailing was timely;
(d) If a settlement stipulation, disputed
			 claim settlement, or claim disposition agreement results from a mediation,
			 "filing" also includes the physical delivery of the settlement stipulation,
			 disputed claim settlement, or claim disposition agreement to the Administrative
			 Law Judge who mediated the settlement or agreement, regardless of
			 location.
(e) The following things
			 may be filed by electronic mail (e-mail) pursuant to subsection (f) of this
			 section:
(A) Request for hearing;
(B) Request for Board review of an
			 Administrative Law Judge's order;
(C) Request for Board review of a Director's
			 order finding no bona fide medical services dispute;
(D) Request for extension of the briefing
			 schedule under OAR 438-011-0020;
(E) Request for waiver of the Board's rules
			 under OAR 438-011-0030; or
(F)
			 Response to issues under OAR 438-006-0036.
(f) To electronically file the requests
			 listed in subsection (e) of this section by e-mail, a party shall:
(A) Send an e-mail to:
			 request.wcb@oregon.gov; and
(B)
			 Attach an electronic copy of a completed Workers' Compensation Board "Request
			 for Hearing Form," or a completed request for Board review, or a completed
			 request for extension of the briefing schedule, or a completed request for
			 waiver of the Board's rules, or a completed Board "Response to Issues Form."
			 These attachments must be in a format that can be viewed by the Board. Strict
			 compliance with paragraph (B) of this subsection is not jurisdictional. Also,
			 consistent with the Board's policy in OAR 438-005-0035(3), an unrepresented
			 party shall not be held strictly accountable for failure to comply with Board
			 rules.
(C) For purposes of this
			 rule, the date of an electronic filing is determined by the date the Board
			 receives the e-mail described in paragraph (A) of this subsection. An
			 electronic filing under subsections (e) and (f) of this section received by the
			 Board by 11:59 p.m. of a non-holiday, weekday is filed on that date.
(g) The following things may be
			 filed by website portal pursuant to subsection (h) of this section:
(A) All actions described in subsection (e)
			 of this section; and
(B) Filing of
			 any other thing that the Board makes available for filing by website
			 portal.
(h) To
			 electronically file the things listed in subsection (g) of this section by
			 website portal, a party shall:
(A) Register as
			 a "user" of the portal at:
https://portal.wcb.oregon.gov
;
			 and
(B) For subparagraph (g)(A) of
			 this section, as appropriate, complete the electronic version of the Workers'
			 Compensation Board "Request for Hearing Form," or complete a request for Board
			 review, or complete a request for extension of a briefing schedule, or complete
			 a request for waiver of the Board's rules, or complete a Board "Response to
			 Issues Form"; or
(C) For
			 subparagraph (g)(B) of this section, complete the appropriate items on the
			 website portal.
(D) For the
			 purposes of this rule, the date of a portal filing is determined by the date
			 the Board receives the appropriate portal version of the form.
(E) A portal filing under subsections (g) and
			 (h) of this section received by the Board by 11:59 p.m. of a non-holiday,
			 weekday is filed as of that date.
(i) "Filing" includes the submission of any
			 document (other than the exchange of exhibits and indexes under OAR
			 438-007-0018) to any permanently staffed office of the Board by means of a
			 telephone facsimile communication device (FAX) provided that:
(A) The document transmitted indicates at the
			 top that it has been delivered by FAX;
(B) The Board's facsimile transmission number
			 is used; and
(C) The Board receives
			 the complete FAX-transmitted document by 11:59 p.m. of a non-holiday,
			 weekday.
(j) Except for
			 the documents specified in subsections (c), (e), or (g) of this section, filing
			 of any other thing required to be filed within a prescribed time may be
			 accomplished by mailing by first class mail, postage prepaid. An attorney's
			 certificate that a thing was deposited in the mail on a stated date is proof of
			 mailing on that date. If the thing is not received within the prescribed time
			 and no certificate of mailing is furnished, it shall be presumed that the
			 filing was untimely unless the filing party establishes that the filing was
			 timely.