reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 110 - PREFERRED WORKER PROGRAM › Section 436-110-0347 - Employment Purchases - Worker Activated

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 110 - PREFERRED WORKER PROGRAM › Section 436-110-0350 - Worksite Modification - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Worksite modification
			 defined.
(a) Worksite modification
			 means altering a worksite by purchasing, modifying, or supplementing equipment,
			 or changing the work process, to enable a worker to work within the
			 restrictions caused by a compensable injury or occupational disease.
(b) For purposes of the Preferred Worker
			 Program, "worksite" means a primary work area that is in Oregon, already
			 constructed, and available for a worker to use to perform the required job
			 duties. The worksite may be the employer's, client's, or worker's premises,
			 property, or equipment used to conduct business under the employer's or
			 client's direction and control. A worksite may include a worker's personal
			 property or vehicle if required to perform the job. If the worksite is mobile,
			 it must be available in Oregon for inspection and modification.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 110 - PREFERRED WORKER PROGRAM › Section 436-110-0351 - Worksite Modification - Employer at Injury Activated

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  656.726(4)
				  & 656.622
Stats. Implemented: ORS
				  656.622
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 110 - PREFERRED WORKER PROGRAM › Section 436-110-0352 - Worksite Modification - Worker Activated

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  656.726(4)
				  & 656.622
Stats. Implemented: ORS
				  656.622
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 110 - PREFERRED WORKER PROGRAM › Section 436-110-0850 - Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  656.455,
				  656.622,
				  656.726(4)
				  & 731.475
Stats. Implemented: ORS
				  656.455,
				  656.622 &
				  731.475
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 110 - PREFERRED WORKER PROGRAM › Section 436-110-0900 - Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(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;
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0001 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9)
				  & 656.726(4)
Stats. Implemented: ORS
				  656.262(6),
				  656.268,
				  656.283(2),
				  656.313,
				  656.331(1)(b),
				  656.340,
				  656.447,
				  656.740,
				  656.745, 183 & Sec. 15, Ch.
				  600, OL 1985
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0002 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9)
				  & 656.726(4)
Stats. Implemented: ORS
				  656.012(2)(c),
				  656.258,
				  656.268(1),
				  656.283,
				  656.340 & Sec. 15, Ch. 600,
				  OL 1985
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0003 - Purpose and Applicability of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0006 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Impemented: ORS
				  656.313,
				  636.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0007 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9)
				  & 656.726(4)
Stats. Implemented: ORS
				  656.340(5) &
				  (6)
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0009 - Submitting Documents or Information, Calculating Time, Availability of Forms

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0012 - General Requirements For Notices and Warnings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Insurer or provider may issue.
The insurer is responsible for
			 mailing all notices and warnings required by these rules but may delegate that
			 responsibility to the provider that is providing vocational assistance to the
			 worker.
(2)
Required
			 content.
All notices and warnings to the worker issued under these rules
			 must:
(a) Use the applicable heading. If a
			 notice is used for more than one purpose, it must include all the headings that
			 apply;
(b) Be in writing, signed,
			 and dated;
(c) State the basis for
			 the decision;
(d) Include the
			 effective date of each action in the heading;
(e) Cite the relevant rules;
(f) Include the telephone number of the
			 Ombuds Office for Oregon Workers: 800-927-1271; and
(g) Include the worker's appeal rights. All
			 notices and warnings except those notifying a worker of entitlement to training
			 or deferral of vocational assistance eligibility must contain the worker's
			 appeal rights:
(A) In bold text, as follows:
"If you disagree with this decision, you should contact
				[insert the person's name and the insurer name] within five days of receiving
				this letter to discuss your concerns. If you are still dissatisfied, you must
				contact the Workers' Compensation Division within 60 days of receiving this
				letter or you will lose your right to appeal this decision. A consultant with
				the division can talk with you about the disagreement and, if necessary, will
				review your appeal. The address and telephone number of the division are:
				Employment Services Team, Workers' Compensation Division, P.O. Box 14480,
				Salem, Oregon 97309-0405; 1-800-452-0288."
; and
(B) Effective no later than Oct. 1, 2024, the
			 text in (g)(A) of this section must be replaced with the following language in
			 bold and formatted as follows:
If you disagree with this decision, you should contact
				[Claims examiner's name and the insurer name] within five days of receiving
				this letter to discuss your concerns.
If you are still dissatisfied:
- Contact the Workers' Compensation Division within 60
				days of receiving this letter. After 60 days you will lose your right to appeal
				this decision.
- A consultant with the division can talk with you about
				the disagreement and review your appeal, if necessary.
- To contact the division:
Workers' Compensation Division
Employment Services Team
350 Winter Street NE
PO Box 14480
Salem OR 97309-0405
800-452-0288 (toll-free)
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0014 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Implemented.: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0016 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0017 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0018 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0115 - Vocational Eligibility Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Purpose
			 of eligibility evaluation.
An eligibility evaluation is done to
			 determine whether the worker is or is not eligible for vocational
			 assistance.
(2)
When an
			 eligibility evaluation is not required.
An eligibility evaluation is not
			 required if:
(a) The worker's claim is
			 reopened under Own Motion under ORS
			 656.278;
(b) The worker is receiving permanent total
			 disability benefits; or
(c) The
			 worker is deceased.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0117 - Deferral of Eligibility Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Deferral of
			 eligibility evaluation. The eligibility evaluation may be deferred when all of
			 the following circumstances exist:
(a) The
			 employer at injury has activated Preferred Worker Program benefits under OAR
			 436-110;
(b) The employer has made
			 a written job offer to the worker that includes the following information:
(A) The start date;
(B) Wage and hours;
(C) Job site location;
(D) Description of job duties that includes
			 physical requirements; and
(E) A
			 statement that the job does not begin until any modifications are in
			 place;
(c) The worker has
			 agreed in writing to accept the new or modified job; and
(d) If the new or modified job needs worksite
			 modifications to enable the worker to perform the job duties within the
			 worker's injury-caused limitations:
(A) The
			 modifications are in progress but not yet complete and the worker is working in
			 a temporary modified position with the employer at injury that accommodates the
			 worker's restrictions; or
(B) The
			 worksite modifications are in place and the worker is working in and receiving
			 payment for the new or modified job.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0125 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340, ORS
				  656.726(4)
Stats. Implemented.: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0135 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340,
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0145 - Vocational Assistance Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A worker whose
			 permanent total disability benefits have been terminated by a final order is
			 eligible for vocational assistance.
(2) A worker is eligible for vocational
			 assistance if all of the following conditions are met:
(a) The worker is available in Oregon or
			 within commuting distance of Oregon, unless:
(A) The worker states in writing that within
			 30 days of being determined eligible for vocational assistance the worker will
			 move back to Oregon, or within commuting distance of Oregon, at the worker's
			 expense;
(B) The worker did not
			 work and live in Oregon at the time of the injury;
(C) The worker needs to live outside of
			 Oregon due to financial hardship, family circumstances over which the worker
			 has no control, or other similar situation; or
(D) The training program or supporting labor
			 market for a specific vocational goal is only available outside of
			 Oregon;
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0147 - Establishing the Adjusted Weekly Wage

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
			 provisions.
(a) To determine a suitable
			 wage the insurer must first establish the adjusted weekly wage as described in
			 this rule.
(b) The insurer must
			 calculate the adjusted weekly wage whenever determining or redetermining a
			 worker's eligibility for vocational assistance.
(c) All figures used in determining a weekly
			 wage by this method must be supported by verifiable documentation such as the
			 worker's state or federal tax returns, payroll records, or reports of earnings
			 or unemployment insurance payments from the Oregon Employment
			 Department.
(d) If the insurer is
			 unable to obtain complete information to calculate the weekly wage under
			 section (3) of this rule, but the worker does provide verifiable documentation
			 to establish wages at the time of injury, the insurer must make a reasonable
			 calculation of the worker's weekly wage based on the verifiable documentation
			 available.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0155 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340,
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0157 - Determining Substantial Handicap to Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0175 - Redetermining Eligibility for Vocational Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 worker was previously determined ineligible for vocational assistance or the
			 worker's eligibility for vocational assistance ended, the insurer must
			 redetermine eligibility within 30 days of notification of a change of any of
			 these circumstances:
(a) The worker, for
			 reasonable cause, was unavailable for vocational assistance and is now
			 available;
(b) The worker's lack of
			 suitable employment could not be resolved by providing vocational assistance.
			 The insurer may require the worker to provide evidence that circumstances have
			 changed;
(c) The worker declined
			 vocational assistance to accept modified or new employment that resulted from
			 an employer at injury activated use of preferred worker benefits under OAR
			 436-110. If the job was not suitable, the worker must request redetermination
			 within 30 days of termination of the employment for which preferred worker
			 benefits were provided;
(d) The
			 worker was not available for vocational assistance in Oregon or within
			 commuting distance of Oregon. The worker must request redetermination within
			 six months of receiving the insurer's notice that the worker was not eligible
			 for this reason;
(e) Before claim
			 closure, the worker's limitations due to the injury became more
			 restrictive;
(f) Before claim
			 closure, the insurer accepts a new condition that was not considered in the
			 original determination of the worker's eligibility; or
(g) The worker's average weekly wage is
			 redetermined and increased.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0177 - Selection of Category of Vocational Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 insurer must select one of the following categories of vocational assistance
			 before referring a worker to a counselor:
(a)
			 Direct employment services, if the worker has the necessary transferable skills
			 to obtain suitable new employment.
(b) Training, if the worker needs training in
			 order to return to employment that pays a wage significantly closer to 100
			 percent of the adjusted weekly wage. "Significantly closer" may vary depending
			 on several factors, including, but not limited to: the worker's wage at injury,
			 adaptability, skills, geographic location, limitations, and the potential for
			 the worker's income to increase with time as the result of training.
(c) Limited training, if the worker is not
			 authorized to work in the United States and needs training in order to return
			 to employment that pays a wage significantly closer to 100 percent of the
			 adjusted weekly wage. "Significantly closer" may vary depending on several
			 factors, including, but not limited to: the worker's wage at injury,
			 adaptability, skills, geographic location, limitations, and the potential for
			 the worker's income to increase with time as the result of
			 training.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0185 - Choosing a Counselor

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Choosing
			 a counselor.
(a) The insurer and worker
			 must agree on a counselor within 14 days of the worker being determined
			 eligible for vocational assistance.
(b) When the parties agree on a counselor,
			 the insurer must mail the worker a NOTICE OF SELECTION OF VOCATIONAL
			 COUNSELOR.
(c) If the parties do
			 not agree on a counselor, the insurer must notify the division within five
			 days, and the director will select a counselor.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0187 - Optional Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Optional services are services provided to:
(a) A worker who is not eligible for
			 vocational assistance; or
(b) A
			 worker who is eligible for vocational assistance, in excess of the services
			 described in these rules.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0197 - Direct Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Direct
			 employment services, generally.
(a) Direct
			 employment services may include, but are not limited to:
(A) Employment counseling;
(B) Job search skills instruction, which
			 teaches workers how to write resumes, research the job market, locate suitable
			 new employment, complete employment applications, interview for employment, and
			 develop other skills related to obtaining suitable new employment;
(C) Job development with related
			 return-to-work activities, which helps the worker contact appropriate
			 prospective employers; and
(D) Job
			 analysis.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0340 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.340(5) &
				  (6)
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0400 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9)
				  & 656.726(4)
Stats. Implemented: ORS
				  656.340(7)
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0410 - Determining a Vocational Goal

Current through Register Vol. 63, No. 7, July 1, 2024
A counselor must determine a suitable vocational goal for the
				worker using one or more of the following:
(1) Vocational testing. Vocational testing
			 must be administered by an individual certified to administer the
			 test.
(2) Job analysis. A job
			 analysis is a detailed description of the physical and other demands of a job
			 based on direct observation of the job.
(3) On-the-job evaluation. An on-the-job
			 evaluation must evaluate a worker's work traits, aptitudes, limitations,
			 potentials, and habits in an actual job environment.
(a) The counselor must perform a job analysis
			 to determine if the job is within the worker's capacities. The insurer must
			 submit the job analysis to the attending physician if there is any question
			 about the appropriateness of the job.
(b) The evaluation should normally be no less
			 than 20 hours in a period of seven consecutive days and should normally last no
			 longer than 30 days.
(c) The
			 evaluation does not establish any employer-employee relationship.
(d) A written report must evaluate the
			 worker's performance in the areas originally identified for
			 assessment.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0430 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9)
				  & 656.726(4)
Stats. Implemented: ORS
				  656.340(7)
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0443 - Training - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Training services include but are not
			 limited to plan development, training, monthly monitoring of training progress,
			 and job placement services.
(2) The
			 training plan must be developed and monitored by a counselor.
(3) The selection of plan objectives and the
			 kind of training must attempt to minimize the length and cost of training
			 necessary to prepare the worker for suitable employment.
(4) If there are any changes made to the
			 original training plan, an addendum to Form 1081, "Training Plan," must be
			 completed, signed by all parties, and submitted to the division.
(5) Basic education may be offered, with or
			 without other training components, to raise the worker's education to a level
			 to enable the worker to obtain suitable employment.
(6) On-the-job training prepares the worker
			 for permanent, suitable employment with the training employer and for
			 employment in the labor market at large. On-the-job training must be considered
			 first in developing a training plan.
(7) Occupational skills training is offered
			 through a community college, based on a predetermined curriculum, at the
			 training employer's location.
(8)
			 Formal training may be offered through a vocational school licensed by an
			 appropriate licensing body, community college, or other post-secondary
			 educational facility that is part of a state system of higher
			 education.
(9) Rehabilitation
			 facilities training provides evaluation, training, and employment for severely
			 disabled individuals.
(10)
			 Notwithstanding OAR 436-120-0145(2)(a),
			 the director may order the insurer, or the insurer may elect, to provide
			 training outside Oregon if such training would be more timely, appropriate, or
			 cost effective than other alternatives.
(11) Training status continues during the
			 following breaks:
(a) A regularly scheduled
			 break of not more than six weeks between fixed school terms;
(b) A break of not more than two weeks
			 between the end of one kind of training and the start of another for which the
			 starting date is flexible; or
(c) A
			 period of illness or recuperation of the worker that does not prevent
			 completion of the training by the planned date.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0445 - Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basic
			 education. Basic education is limited to nine months unless extended by the
			 insurer.
(2) On-the-job training.
(a) On-the-job training time is limited to 12
			 months unless extended by the insurer.
(b) The insurer must reimburse the training
			 employer for a portion of the worker's wages.
(c) The on-the-job training contract between
			 the training employer, the insurer, and the worker must include, but is not
			 limited to:
(A) The worker's name;
(B) The employer's legal business
			 name;
(C) The employer's current
			 workers' compensation insurance policy number;
(D) The name of the individual providing the
			 training;
(E) The training plan
			 start and end dates;
(F) The job
			 title and duties;
(G) The skills to
			 be taught;
(H) The base wage and
			 the terms of wage reimbursement;
(I) An agreement that the employer will pay
			 all taxes normally paid on the entire wage and will maintain workers'
			 compensation insurance for the trainee; and
(J) An acknowledgement that the training may
			 not prepare the worker for jobs elsewhere, if the training prepares the worker
			 for a job unique to the training site.
(d) The insurer must pay temporary disability
			 compensation as provided in ORS
			 656.268.
(e) Unless there is a need to accommodate the
			 worker's documented medical condition or class schedule, the worker's schedule
			 must be the same as for a regular full-time employee.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0448 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0449 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0451 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.340(9),
				  656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0455 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  656.283,
				  656.340,
				  656.704 &
				  656.726
Stats. Implemented: ORS 656
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0500 - Training: Development and Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Collaborative effort. A training plan
			 should be a collaborative effort between the counselor and the worker and
			 should include all the rights and responsibilities of the worker, the insurer,
			 and the counselor.
(2) Review of
			 the plan. Before submitting the plan to the insurer, the counselor must review
			 the plan and plan support with the worker. The worker must have the opportunity
			 to review the plan with the worker's attorney, if any, before signing it. The
			 counselor must confirm the worker's understanding of and agreement with the
			 plan by obtaining the worker's signature.
(3) Copies of plan. The counselor must submit
			 copies of the plan, signed by the counselor and the worker, to all parties.
(4) Plan approval or disapproval.
			 Within 14 days of receipt of the signed training plan, the insurer must approve
			 or disapprove the plan and notify the parties.
(a) If the insurer does not have enough
			 information to approve or disapprove the training plan, the insurer must advise
			 the parties what information is needed and when the insurer expects to make a
			 decision.
(b) If the insurer
			 disapproves the training plan, the insurer must issue a NOTICE OF DISAPPROVAL
			 OF TRAINING PLAN, which must explain why the plan is disapproved.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0510 - Training Plan Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Considerations in training plan. The worker and counselor must work together to
			 develop an appropriate training plan that considers the worker's:
(a) Transferable skills;
(b) Physical and mental capacities and
			 limitations;
(c) Vocational
			 interests;
(d) Educational
			 background and academic skill level;
(e) Pre-injury wage; and
(f) Place of residence and that labor market.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0511 - Limited Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Eligibility.
A worker who is not authorized to work in the United
			 States is only eligible for limited training. The worker must meet all
			 eligibility requirements under OAR
			 436-120-0145.
(2)
Limited training plan requirements
			 and benefits.
(a) A limited training
			 plan must meet all requirements and comply with limitations specified under OAR
			 436-120-0443,
			 436-120-0445,
			 436-120-0500, and
			 436-120-0510, unless otherwise
			 specified under section (3) of this rule.
(b) A limited training plan includes the
			 vocational assistance specified under OAR
			 436-120-0443,
			 436-120-0445,
			 436-120-0500, and
			 436-120-0510, unless excluded
			 under section (3) of this rule.
(c)
			 OAR 436-120-0520,
			 436-120-0523,
			 436-120-0527, and
			 436-120-0720 apply to limited
			 training plans.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0520 - Responsibilities of the Worker and the Counselor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Worker responsibilities. The worker is
			 responsible for all of the following in a training plan:
(a) Actively participate in all aspects of
			 the plan;
(b) Maintain regular
			 contact with the counselor throughout plan development and as required in the
			 plan;
(c) Notify the counselor if
			 problems develop and continue to attend training during attempts to resolve the
			 issue;
(d) Inform the counselor
			 immediately if anything threatens to interfere with successful completion of
			 the program;
(e) Notify the
			 counselor by the close of the next working day if the worker stops attending
			 training for any reason;
(f)
			 Maintain a 2.0 grade point average each grading period in formal training;
(g) Complete the courses outlined
			 in the curriculum by the plan end date;
(h) Consult with the counselor before adding
			 or dropping courses;
(i) Provide a
			 written training report to the counselor by the fifth day of each month;
(j) Give the counselor a copy of
			 each grade or progress report within 10 days of receipt; and
(k) Meet all responsibilities agreed to in
			 the plan.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0523 - Re-evaluating a Training Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Reasons to re-evaluate a plan. The insurer must re-evaluate a training plan and
			 modify or replace the plan when appropriate to ensure the worker's success,
			 when:
(a) A change occurs in the worker's
			 limitations that may make the training inappropriate; or
(b) In an academic program:
(A) There is an indication the worker may not
			 maintain at least a 2.0 grade point average for two grading periods; or
(B) There is an indication the
			 worker may not complete the minimum credit hours required under the training
			 plan.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0527 - Ending a Training Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Reasons to end training. Training ends when:
(a) The worker has successfully completed
			 training;
(b) The worker's
			 eligibility for vocational assistance has ended under OAR
			 436-120-0165;
(c) The worker is not actively engaged in the
			 training;
(d) The worker fails,
			 after written warning, to maintain at least a 2.0 grade point average for two
			 consecutive grading periods;
(e)
			 The worker fails, after written warning, to complete the minimum credit hours
			 in the training plan curriculum for two consecutive grading periods;
(f) In a non-academic program, the worker's
			 performance in training is unsatisfactory and further training is not likely to
			 result in employment in that field; or
(g) The training plan was not going to be
			 successful due to reasons beyond the worker's control.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0530 - Director Review of Return-to-Work Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The director may review return-to-work plans and supporting
				information. If the director finds a return-to-work plan or its supporting
				information does not conform to these rules:
(1) The director will notify the insurer and
			 provider in writing of the preliminary finding of nonconformance. The
			 notification will inform the insurer of changes or information required to
			 bring the plan into conformance.
(2) The insurer must, within 30 days of
			 notification, make appropriate changes, supply additional information requested
			 by the director, or explain why no change should be made.
(3) If the insurer does not respond timely or
			 is unable to bring the plan into conformance, the director will return the plan
			 to the parties with notification that the plan does not conform to OAR 436-120
			 and may order the insurer to develop a plan that conforms to the
			 rules.
Stat. Auth.: ORS
				  656.340(9)
				  & 656.726(4)
Stats. Implemented: ORS
				  656.340
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0700 - Direct Worker Purchases

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purchases, generally.
(a) The insurer must
			 provide the direct worker purchase categories listed in OAR
			 436-120-0710 as necessary for
			 the worker's participation in vocational assistance and to meet the
			 requirements of a suitable job.
(b) The worker is no longer eligible for
			 these purchases once eligibility ends unless the purchases are necessary to
			 complete a plan.
(c) Direct worker
			 purchases include partial purchase, lease, rental, and payment.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS › Section 436-120-0710 - Direct Worker Purchases: Categories

Current through Register Vol. 63, No. 7, July 1, 2024
The insurer must provide the direct worker purchases listed in
				this rule if necessary for the worker to participate in vocational assistance
				or to meet the requirements of a suitable job. The insurer may not require the
				worker to submit a financial statement in order to qualify for direct worker
				purchases.
(1) Tuition, fees, books,
			 and supplies. Payment for tuition, fees, books, and supplies for training or
			 studies is limited to those items identified as mandatory by the instructional
			 facility, trainer, or employer. The insurer must pay the cost in full, and may
			 not require the worker to apply for grants to pay for tuition, books, or other
			 expenses associated with training.
(2) Wage reimbursement. The amount of wage
			 reimbursement for on-the-job training must be agreed to in a contract between
			 the training employer and the insurer.
(3) Travel expenses. Travel expenses for
			 transportation, meals, and lodging that are required for participation in
			 vocational assistance, including but not limited to job search, required
			 meetings with the counselor, and meetings with employers or at training sites
			 as required by the plan or plan development. The conditions and rates for
			 payment of travel expenses are as follows:
(a)
			 Transportation costs will be paid at public transportation rates when public
			 transportation is available; otherwise, mileage will be paid at the rate
			 published in Bulletin 112. Costs incidental to mileage, such as parking fees,
			 also will be paid. For workers receiving temporary total disability or
			 equivalent income, private car mileage will be paid only for mileage in excess
			 of the miles the worker traveled to and from work at the time of injury.
			 Mileage payment in conjunction with moving expenses will be allowed only for
			 one vehicle and for a single one-way trip. To receive reimbursement for private
			 car mileage, the worker must provide the insurer with a copy of the driver's
			 valid driver's license and proof of insurance coverage.
(b) For overnight travel, meal and lodging
			 expenses will be reimbursed at the rate published in Bulletin 112.
(c) Payment for special travel costs will be
			 made in excess of the amounts specified in this section when special
			 transportation or lodging is necessary because of the physical needs of the
			 worker, or when the insurer finds prevailing costs in the travel area are
			 substantially higher than average.