Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 30 - CLAIM CLOSURE AND RECONSIDERATION › Section 436-030-0115 - Reconsideration of Notices of Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A worker, insurer, or beneficiary may
			 request reconsideration of a Notice of Closure as provided in ORS
			 656.268.
(2) Under ORS
			 656.218(4), a
			 worker's estate may request reconsideration of a Notice of Closure if the
			 worker dies before filing a request and there are no persons entitled to
			 receive death benefits under ORS
			 656.204.
(3) A request for reconsideration may be made
			 by mailing, phoning, or delivering the request to the director within the
			 statutory appeal period as defined in OAR
			 436-030-0005 and
			 436-030-0145(1).
			 The reconsideration proceeding begins as described in OAR
			 436-030-0145(2).
(4) For the purpose of these rules,
			 "reconsideration proceeding" means the procedure established to reconsider a
			 Notice of Closure and does not include personal appearances by any of the
			 parties to the claim or their representatives, unless requested by the
			 director. All information to correct or clarify the record and any medical
			 evidence regarding the worker's condition as of the time of claim closure that
			 should have been but was not submitted by the attending physician or authorized
			 nurse practitioner at the time of claim closure and all supporting
			 documentation must be presented during the reconsideration proceeding. When the
			 reconsideration proceeding is postponed under OAR
			 436-030-0165(9)
			 because the worker's condition is not medically stationary, medical evidence
			 submitted may address the worker's condition after claim closure as long as the
			 evidence satisfies the conditions of OAR
			 436-030-0145(3).
(5) All parties have an opportunity to submit
			 documents to the record regarding the worker's status at the time of claim
			 closure. Other factual information and written argument may be submitted for
			 incorporation into the record under ORS
			 656.268(6)
			 within the time frames outlined in OAR
			 436-030-0145. Such information
			 may include, but is not limited to, responses to the documentation and written
			 arguments, written statements, and sworn affidavits from the parties.
(6) The worker may submit a deposition to the
			 reconsideration record subject to ORS
			 656.268(6) and
			 the following:
(a) The deposition must be
			 limited to the testimony and cross-examination of a worker about the worker's
			 condition at the time of claim closure.
(b) The deposition must be arranged by the
			 worker and held during the reconsideration proceeding time frame unless a good
			 cause reason is established. If a good cause reason is established, the time
			 frame for holding the deposition may be extended but may not extend beyond 30
			 days from the date of the Order on Reconsideration. The deposition must be held
			 at a time and place that permits the insurer or self-insured employer the
			 opportunity to cross-examine the worker.
(c) The insurer or self-insured employer
			 must, within 30 days of receiving a bill for the deposition, pay the fee of the
			 court reporter, the costs for the original transcript and one copy for each
			 party, and the cost of necessary interpreter services. An original transcript
			 of the deposition must be sent to the department and each party must be sent a
			 copy of the transcript.
(d) If the
			 transcript is not completed and presented to the department prior to the
			 deadline for issuing an Order on Reconsideration, the Order on Reconsideration
			 may not be postponed to receive a deposition under this rule and the order will
			 be issued based on the evidence in the record. However, the transcript may be
			 received as evidence at a hearing for an appeal of the Order on
			 Reconsideration.