reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0020 - Acknowledgment; Notice of Conference and Hearing in Ordinary Hearing Process

Current through Register Vol. 63, No. 7, July 1, 2024
The Hearings Division shall[, by mail,] acknowledge receipt of
				a request for hearing. Such acknowledgment may include notice of date for an
				informal prehearing conference pursuant to OAR 438-006-0062  or notice of
				hearing date. The hearing shall be scheduled for a date that is within 90 days
				of the request for hearing and not less than 60 days after distribution of a
				notice of hearing date subject to the exceptions prescribed in ORS
				656.283(4)(b)
Stat. Auth.: ORS
				  656.726(5)(a)
				  & (b)
Stats. Implemented: ORS
				  656.283(3),
				  (4)(a) &
				  (b)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0031 - Specification of Issues

Current through Register Vol. 63, No. 7, July 1, 2024
Not later than 15 days after the first disclosure of documents
				under OAR 438-007-0015, the party who requested the hearing shall, on a form
				prescribed by the Board, file with the Board and simultaneously mail copies to
				all other parties a specific listing of all issues to be raised at the hearing
				and all relief requested. Amendments shall be freely allowed up to the date of
				the hearing. If, during the hearing, the evidence supports an issue or issues
				not previously raised, the Administrative Law Judge may allow the issue(s) to
				be raised during the hearing. In such a situation, the Administrative Law Judge
				may continue the hearing upon motion of an adverse party pursuant to OAR
				438-006-0091.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.307, ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0036 - Response

Current through Register Vol. 63, No. 7, July 1, 2024
Not later than 15 days after receiving the listing of issues
				and other information required by OAR 438-006-0031, a party defending against a
				request for hearing shall, on a form prescribed by the Board, file and
				simultaneously mail copies to all other parties a response specifying the
				respondent's position on the issues raised and relief requested and any
				additional issues raised and relief requested by the respondent. Amendments
				shall be freely allowed up to the date of the hearing. If, during the hearing,
				the evidence supports an issue or issues not previously raised, the
				Administrative Law Judge may allow the issue(s) to be raised during the
				hearing. In such a situation, the Administrative Law Judge may continue the
				hearing upon motion of an adverse party pursuant to OAR
				438-006-0091.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.307, ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0037 - Waiver of Notice

Current through Register Vol. 63, No. 7, July 1, 2024
A party may waive objection to lack of notice, or a defect in
				the form of notice, of any issue raised at a hearing.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0045 - Motions, Arguments

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise agreed among the parties and the
				Administrative Law Judge, pre or post hearing motions shall be filed in writing
				and copies shall be simultaneously served on all parties or their attorneys.
				Unless otherwise ordered by the Administrative Law Judge, ten days after filing
				shall be allowed for written response to a motion.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0050 - Preliminary Rulings

Current through Register Vol. 63, No. 7, July 1, 2024
The Presiding Administrative Law Judge or delegate shall rule
				on all preliminary matters.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.307, 656.388, 656.593  & 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0055 - Depositions

Current through Register Vol. 63, No. 7, July 1, 2024
Depositions of medical or vocational experts are permitted by
				agreement of the parties, or by approval of an Administrative Law Judge,
				subject to the provisions of ORS 656.285. Depositions of claimants are
				permitted in the manner prescribed by ORS 656.262(14). Depositions of other lay
				witnesses are not permitted over objection unless the Presiding Administrative
				Law Judge or delegate finds that extraordinary circumstances justify the
				deposition.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.262(14), 656.388, 656.593  & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0062 - Prehearing Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 informal prehearing conference may be held by the Hearings Division as provided
			 by, and for the purposes stated in, ORS
			 656.726(5).
(2) The parties shall be given not less than
			 ten days notice of the date of the conference.
(3) At the conference, any party may
			 participate in the conference with or without an attorney.
(4) If a party is represented by counsel at
			 the conference, a client representative with settlement authority (claimant,
			 employer or claims examiner, as applicable) must attend the conference with
			 counsel, or be available by telephone during that time.
(5) The Administrative Law Judge who conducts
			 a prehearing conference on the merits shall not conduct the hearing on the
			 matter over objection by any party.
Stat. Auth.: ORS
				  656.726(5),
				  656.283,
				  656.388
Stats. Implemented: ORS 656,
				  656.262(11)(a)
				  & (16), 656.283(4)(b),
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0064 - Prehearing Matters Regarding Multiple Employer/Insurer Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In cases where
			 the initially scheduled hearing has been postponed because of the need to join
			 one or more potentially responsible employers or insurers, the parties shall
			 participate in any prehearing conferences that the assigned Administrative Law
			 Judge determines are required to expedite the hearing.
(2) The assigned Administrative Law Judge is
			 authorized to:
(a) Establish a prehearing
			 schedule for investigation of the claim, including but not limited to the
			 interviewing of the claimant;
(b)
			 Make prehearing rulings necessary to promote full discovery and completion of
			 the medical record required for determination of the issues arising from the
			 claim; and
(c) Specify what is
			 required of the claimant to meet the obligation to reasonably cooperate with
			 the investigation of claims.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0065 - Consolidation/Joinder/Bifurcation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Administrative Law Judge shall
			 consolidate into one proceeding all cases in which a claimant has requested
			 hearings involving denials of responsibility for a claim issued by insurers or
			 self-insured employers under ORS 656.308(2)(a).
(2) Any request for hearing pertaining to the
			 same claim or claimant as that of a pending hearing request should also recite
			 whether the request for hearing should be consolidated with a pending hearing
			 request or be separately scheduled for hearing.
(3) Except as provided in ORS 656.308(2)(a)
			 and section (1) of this rule, a hearing request complying with section (2) of
			 this rule shall be processed pursuant to the recitation contained in the
			 hearing request.
(4) A hearing
			 request not complying with section (2) of this rule shall be referred to the
			 Administrative Law Judge assigned to any pending request for hearing pertaining
			 to the same claim or claimant or to the Presiding Administrative Law Judge or
			 designee, who shall determine, in the interests of substantial justice to all
			 parties, whether the request will be consolidated or separately scheduled for
			 hearing.
(5) On their own motion
			 or, in response to a party's written motion filed no less than seven (7) days
			 prior to a scheduled hearing, the assigned Administrative Law Judge or the
			 Presiding Administrative Law Judge or designee may, in the interests of
			 substantial justice to all parties, bifurcate consolidated requests for hearing
			 or consolidate separately scheduled hearings.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.307, 656.308 &
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0071 - Failure of Party to Pursue or to Appear at Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for hearing may be dismissed if
			 an Administrative Law Judge finds that the party that requested the hearing has
			 abandoned the request for hearing or has engaged in conduct that has resulted
			 in an unjustified delay in the hearing of more than 60 days.
(2) Unjustified failure of a party or the
			 party's representative to attend a scheduled hearing is a waiver of appearance.
			 If the party that waives appearance is the party that requested the hearing,
			 the Administrative Law Judge shall dismiss the request for hearing as having
			 been abandoned unless extraordinary circumstances justify postponement or
			 continuance of the hearing.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0075 - Expedited Remedy for Failure to Pay Temporary Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If it is alleged that the self-insured
			 employer or insurer has terminated temporary disability compensation without:
			 the attending physician advising the worker and documenting in writing that the
			 worker is released to return to regular employment; or the injured worker's
			 actual return to regular or modified employment; or the attending physician
			 advising the worker and documenting in writing that the worker is released to
			 return to modified employment, when such employment has been offered in writing
			 to the worker and the worker fails to begin such employment; or any other event
			 that causes temporary disability benefits to be lawfully suspended, withheld or
			 terminated under ORS 656.262(4) or
			 other provisions under chapter 656; or the issuance of a determination order or
			 notice of closure; or authorization of the Board or the Director, the claimant
			 may file with the Hearings Division with copies to the insurer, a motion
			 supported by affidavit asserting the failure to receive such
			 compensation.
(2) If the Hearings
			 Division determines that the amount in controversy is less than $1,000, the
			 case shall be referred to the Expedited Claims Service under the provisions of
			 Division 013 of these rules;
(3) If
			 the matter cannot be resolved by referral to the Expedited Claims Service, the
			 Hearings Division shall immediately upon receipt of the motion and affidavit
			 issue an Order requiring the self-insured employer or insurer to show cause
			 within 15 days why said compensation has not been provided to the claimant. The
			 show cause order shall contain notice of the date, time and place of the show
			 cause hearing. Within 10 days after the close of the record, the Administrative
			 Law Judge shall enter an order denying or granting temporary disability
			 compensation and awarding penalties and attorney fees when
			 appropriate.
Stat. Auth.: ORS
				  656.726(5), ORS
				  656.291(4)
Stats. Implemented: ORS
				  656.262(4), ORS
				  656.291 & ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0078 - Request for Expedited Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If it is
			 alleged that the claimant is suffering a financial hardship or medical
			 hardship, the claimant may file with the Presiding Administrative Law Judge
			 with copies to the insurer, a written motion asserting the hardship and
			 requesting an expedited hearing:
(a) For
			 purposes of this rule, "financial hardship" means that the claimant is
			 receiving neither compensation nor regular wages nor other income in lieu of
			 wages which is comparable in amount to compensation;
(b) For purposes of this rule, "medical
			 hardship" means that the claimant's condition will permanently and irreversibly
			 deteriorate if the hearing is scheduled in the ordinary course of business and
			 that such deterioration may be avoided by scheduling the hearing at an earlier
			 date.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0081 - Postponement of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 scheduled hearing shall not be postponed except by order of an Administrative
			 Law Judge upon a finding of extraordinary circumstances beyond the control of
			 the party or parties requesting the postponement. "Extraordinary circumstances"
			 shall not include:
(a) Failure of the insurer
			 or self-insured employer to refer, or delay in referring, the case or any
			 pertinent information to its representative;
(b) Unavailability of a party, lay witness or
			 representative due to nonemergency occupational, personal or professional
			 business or appointments, or unwillingness to appear, provided that a
			 postponement may be granted if the unavailable person is a worker who is
			 temporarily working out of state and is reasonably expected to return to the
			 state within a time certain or is a person who has been duly subpoenaed and has
			 failed to comply with the subpoena;
(c) An attorney's, party's, representative's
			 or witness' conflict with proceedings before another administrative body that
			 are scheduled more than three days after mailing of the Hearings Division's
			 notice of hearing;
(d) Incomplete
			 case preparation, unless the Administrative Law Judge finds that completion of
			 the record could not be accomplished with due diligence.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0091 - Continuances

Current through Register Vol. 63, No. 7, July 1, 2024
The parties shall be prepared to present all of their evidence
				at the scheduled hearing. Continuances are disfavored. The Administrative Law
				Judge may continue a hearing for further proceedings. If a continuance is
				granted, the Administrative Law Judge shall state the specific reason for the
				continuance. A continuance may be granted:
(1) If circumstances, including the time
			 allocated for the scheduled hearing, prevent all parties from presenting their
			 evidence and argument;
(2) Upon a
			 showing of due diligence, as described in OAR 438-006-0081(2), if necessary to
			 afford reasonable opportunity to cross-examine on documentary medical or
			 vocational evidence;
(3) Upon a
			 showing of due diligence, as described in OAR 438-006-0081(2), if necessary to
			 afford reasonable opportunity for the party bearing the burden of proof to
			 obtain and present final rebuttal evidence;
(4) Upon motion of an adverse party, if that
			 party is surprised and prejudiced by a new issue raised during a hearing;
			 or
(5) For any reason that would
			 justify postponement of a scheduled hearing under OAR 438-006-0081.
Stat. Auth.: ORS
				  656.283(4)
				  & ORS 656.726(5)
Stats. Implemented: ORS
				  656.307, ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0095 - Change of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in section (4) of this rule, an Administrative Law Judge
			 shall disqualify themselves from a proceeding in which the Administrative Law
			 Judge's impartiality reasonably may be questioned, including, but not limited
			 to, instances when:
(a) The Administrative Law
			 Judge has a bias or prejudice concerning a party, a representative, or any
			 other participant in the proceeding before the Administrative Law Judge, or has
			 knowledge, obtained from sources outside the proceeding, of disputed
			 evidentiary facts concerning the proceeding;
(b) The Administrative Law Judge served as a
			 lawyer in the matter in controversy, or a lawyer with whom the Administrative
			 Law Judge previously was associated served during the period of association as
			 a lawyer in the matter, or the Administrative Law Judge or the lawyer has been
			 a material witness in the matter;
(c) The Administrative Law Judge knows that
			 the Administrative Law Judge, individually or as a fiduciary, or the
			 Administrative Law Judge's spouse, parent or child, wherever residing, or any
			 other person residing in the Administrative Law Judge's household has a
			 financial interest in the subject matter in controversy, is a party to the
			 proceeding or has any other interest that could be substantially affected by
			 the outcome of the proceeding;
(d)
			 The Administrative Law Judge, the Administrative Law Judge's spouse, parent or
			 child, wherever residing, or any other person residing in the Administrative
			 Law Judge's household:
(A) Is a party to the
			 proceeding, or an officer, director, partner or trustee of a party;
(B) Is acting as a lawyer in the proceeding;
			 or
(C) Is, to the Administrative
			 Law Judge's knowledge, likely to be a material witness in the
			 proceeding.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0099 - Ex Parte Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 ex parte communication is an oral, written or electronic communication between
			 an assigned Administrative Law Judge and a party, a party's representative or
			 someone with a substantial interest in the outcome of the proceeding about the
			 merits of a proceeding to which the Administrative Law Judge is assigned and
			 which is not made to all parties to the proceeding.
(2) Ex parte communications are
			 prohibited.
(3) Notwithstanding
			 section (2) of this rule, an assigned Administrative Law Judge may communicate
			 with a party, when necessary for administrative or scheduling purposes, so long
			 as the communication does not involve the merits of a proceeding and the
			 Administrative Law Judge believes that no party's legal rights or duties will
			 be affected.
(4) An Administrative
			 Law Judge shall promptly disclose to all parties the substance of any
			 communication prohibited by this rule. All parties shall be allowed a
			 reasonable opportunity to respond to a prohibited communication.
(5) This rule does not apply to
			 communications made to, or by, an Administrative Law Judge acting as a
			 mediator.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0100 - Representation by Counsel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as permitted by ORS 656.291 and this rule, parties that are not natural persons
			 and state agencies must be represented by members of the Oregon State Bar. The
			 Board encourages injured workers also to be represented in formal hearings.
(2) Notwithstanding section (1) of
			 this rule, a state agency officer or employee may represent the Director as
			 permitted by rule of the Director.
(3)
(a) A
			 law student authorized to appear before courts and administrative tribunals of
			 this state in accordance with Rule 13.05 through 13.30 of the Supreme Court
			 Rules for Admission of Attorneys (Law Student Appearance Program) has the
			 consent of the Board to appear on behalf of a client at a hearing if:
(A) All of the following documents have been
			 filed with the Presiding Administrative Law Judge prior to the hearing:
(i) A true copy of the student's
			 certification to appear under the Law Student Appearance Program showing
			 approval by the Supreme Court and filing with the State Court Administrator;
(ii) The client's written consent
			 to representation under the Law Student Appearance Program, which shall be made
			 a part of the official record of each case; and
(iii) The student's supervising attorney has
			 introduced the student to the Presiding Administrative Law Judge in a letter of
			 introduction signed by the supervising attorney; and
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0105 - Deferred Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
A hearing may be deferred until a time specified in the order
				of deferral if:
(1) The primary issue
			 is unscheduled permanent disability and the claimant is entitled to temporary
			 disability compensation under an Authorized Training Program, except where
			 there is an interruption of compensation or upon a showing of good
			 cause;
(2) Consolidation with a
			 pending hearing under OAR 438-005-0065(1)  cannot be accomplished prior to the
			 time scheduled for the pending hearing; or
(3) The claimant has made a claim that the
			 Administrative Law Judge finds should be resolved with the pending hearing and
			 the insurer or self-insured employer will not be allowed the full time for
			 processing of the new claim under the provisions of ORS
			 656.262 prior to the time
			 scheduled for the pending hearing.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.726(4)
				  & ORS 656.268(8)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0110 - Hearing Security

Current through Register Vol. 63, No. 7, July 1, 2024
Any party or attorney having knowledge or reasonable belief
				that any party or witness to the hearing may potentially present a danger or
				may be a threat to anyone involved in the claim or hearing shall immediately
				notify the hearing Administrative Law Judge and the opposing attorney(s) of the
				potentially dangerous situation. All decisions involving security at the
				hearing shall be within the discretion of the Presiding Administrative Law
				Judge or designee.
Statutory/Other Authority: ORS 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 6 - PROCEDURES PRIOR TO HEARING IN ORDINARY CASES › Section 438-006-0115 - Motion to Dismiss a Party under ORS 656.308(2)(c)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an insurer or self-insured employer is
			 alleging that the record does not contain substantial evidence to support a
			 finding of responsibility against it, the insurer or self-insured employer may
			 file a "written notice" pursuant to ORS 656.308(2)(c) requesting its dismissal
			 as a party to the proceeding.
(2)
			 The written notice described in section (1) of this rule shall be considered by
			 the Administrative Law Judge if:
(a) The
			 written notice is labeled "308 Dismissal Motion";
(b) The written notice (including any
			 supporting documentation) is filed not more than 28 days or less than 14 days
			 before the hearing; and
(c) A copy
			 of the written notice (including any supporting documentation) is
			 simultaneously served on the other parties, or if represented, on their
			 attorneys in the manner provided in OAR 438-005-0046(2)(a), and proof of such
			 service is provided in accordance with 438-005-0046(2)(b).
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0005 - Medical and Vocational and Other Documentary Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To avoid unnecessary delay and expense
			 medical evidence should be presented in the form of written reports and should
			 include:
(a) History of the injury or
			 disease;
(b) Pertinent medical
			 history;
(c) Present
			 complaints;
(d) All sources of
			 history and complaints;
(e) Date of
			 examination;
(f) Findings on
			 examination;
(g) Impairment of
			 physical or mental function including loss of reserve capacity;
(h) Restrictions of activities, such as
			 lifting, bending, twisting, sitting, standing and repetitive use;
(i) Cause of the impairment and opinion
			 whether the impairment is all or in part work related;
(j) Medical treatment indicated;
(k) Likelihood of permanent impairment and
			 opinion whether the condition is likely to change; and
(l) The reason for the opinion.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0010 - Competency of Vocational Experts

Current through Register Vol. 63, No. 7, July 1, 2024
Vocational reports and testimony are admissible as expert
				opinion evidence if the Administrative Law Judge finds the author or witness to
				be qualified as an expert or if the parties stipulate to the author's or
				witness' qualifications as an expert in vocational assistance
				matters.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.287
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0015 - Entitlement to Claims Information - Disclosure Require?ments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With respect to
			 a claim for workers' compensation benefits and as used in this section,
			 references to the insurer and the claimant include persons acting on their
			 behalf, and references to the insurer include the self-insured employer, claims
			 processing agents and assigned claims processing agents for non-complying
			 employers.
(2) Documents pertaining
			 to claims are obtained by mailing or delivering a copy of the Request for
			 Hearing, or a written demand accompanied by an attorney retention agreement or
			 medical information release, to the insurer. Within 15 days of said mailing or
			 delivering, the insurer shall furnish the claimant and other insurers, without
			 cost, originals or legible copies of all medical and vocational reports and
			 other documents pertaining to the claim(s) as specified below.
(3) Upon written demand by the insurer, the
			 claimant shall within 15 days of the mailing or delivering of the demand,
			 furnish to the insurer, without cost, originals or legible copies of all
			 medical and vocational reports and other documents pertaining to the claim(s)
			 as specified below, which the claimant did not receive from the insurer (or
			 self-insured employer) making the demand. In cases involving multiple insurers,
			 an insurer shall seek discovery in accordance with section (9) of this
			 rule.
(4) Documents acquired after
			 the initial exchanges shall be provided to the insurer(s) and the claimant
			 within seven days after the disclosing party's receipt of the
			 documents.
(5) For the purpose of
			 this rule, "documents pertaining to the claim(s)" or any variation thereof
			 means documents and recordings, whether written or electronic or in any other
			 form, which consist of the following items applicable to the workers'
			 compensation claim:
(a) Medical and vocational
			 reports, including any correspondence to and from the medical and vocational
			 experts who provide the reports or who agree to testify on behalf of the party
			 sending correspondence;
(b)
			 Official forms and notices required by ORS Chapter 656, the Workers'
			 Compensation Division or the Workers' Compensation Board, as they relate to the
			 claim(s);
(c) Investigative
			 statements, including a party's statement, and investigative
			 summaries;
(d) Correspondence to
			 and from the Workers' Compensation Division and the Workers' Compensation
			 Board; and
(e) Upon specific
			 request, records of all compensation paid, payroll records, records or
			 statements of wages earned by the claimant, and copies of bills from medical
			 and vocational service providers rendering treatment or services to the
			 claimant.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0016 - Disclosure of Expert Witness Required

Current through Register Vol. 63, No. 7, July 1, 2024
Within the times provided for the initial exchanges of exhibits
				and indexes under OAR 438-007-0018  each party shall disclose to all other
				parties the identity of each expert witness the party will call to testify at
				the hearing. A statement by a party that the party "reserves the right," or
				similar language, to call as a witness any expert whose opinion has been
				included in the documents filed in the case is not compliance with this rule.
				At the hearing the Administrative Law Judge may, in their discretion, allow the
				testimony of expert witnesses not disclosed as required by this rule. In the
				exercise of this discretion, the Administrative Law Judge shall determine
				whether material prejudice has resulted from the timing of the disclosure and,
				if so, whether there is good cause for the failure to timely disclose that
				outweighs the prejudice to the other party or parties.
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 7 - EVIDENCE - HEARINGS › Section 438-007-0017 - Impeachment Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Impeachment evidence is material which:
(a)
			 Attacks the capacity of the witness to perceive, recall or recount;
(b) Tends to establish that the witness has a
			 character for untruthfulness;
(c)
			 Establishes prior convictions for felonies or crimes involving false statement
			 or dishonesty;
(d) Tends to
			 establish bias;
(e) Reveals a prior
			 material inconsistent statement;
(f) Reveals material contradictions in
			 statements made by the witness;
(g)
			 Attacks the expertise of a witness through learned treatises.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0019 - Testimony at Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
All testimony at the hearing shall be upon oath or affirmation
				administered by the Administrative Law Judge.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.726(2)(b)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0020 - Subpoenas; Witness Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever a
			 party has requested a hearing, a subpoena may be issued to compel:
(a) Attendance and testimony at a hearing;
			 or
(b) The production of
			 documentary or physical evidence under a witness' control at or before a
			 hearing.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0022 - Manner of Taking Testimony of Lay Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Testimony of lay witnesses shall be taken
			 by personal appearance of the witness before the Administrative Law Judge at
			 the hearing.
(2) When a lay witness
			 is unable to attend the hearing due to extraordinary circumstances beyond the
			 control of the party offering the testimony and the testimony of the witness
			 cannot be taken by deposition, the Administrative Law Judge may allow testimony
			 to be taken in any manner that will afford substantial justice and insure a
			 complete and accurate record of all examination and testimony.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.726(2)(d)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0023 - Order of Presentation of Evidence and Argument at Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The party bearing the burden of proof on an issue in a hearing
				has the right of first and last presentation of evidence and argument on the
				issue.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.726(2)(d)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0024 - Offers of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever the Administrative Law Judge excludes a document or
				the testimony of a witness, the party adversely affected may make an offer of
				proof for the record in a form determined by the Administrative Law
				Judge.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0025 - Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Administrative Law Judge may reopen
			 the record and reconsider the decision before a request for review is filed or,
			 if none is filed, before the time for requesting review expires.
			 Reconsideration may be upon the Administrative Law Judge's own motion or upon a
			 motion by a party showing error, omission, misconstruction of an applicable
			 statute or the discovery of new material evidence.
(2) A motion to reconsider shall be served on
			 the opposite parties by the movant and, if based on newly discovered evidence,
			 shall state;
(a) The nature of the new
			 evidence; and
(b) An explanation
			 why the evidence could not reasonably have been discovered and produced at the
			 hearing.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0027 - Hearing for Purpose of Own Motion Recommendation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where the Administrative Law Judge
			 determines that an issue(s) raised by a party is within the Board's Own Motion
			 jurisdiction, the Administrative Law Judge may proceed with a fact-finding
			 hearing or other proceeding that the Administrative Law Judge deems achieves
			 substantial justice (without notifying or requesting permission from the Board
			 prior to going forward with such a fact-finding hearing or other proceeding)
			 for the purpose of providing an unappealable recommendation to the Board
			 regarding the issue(s) within the Board's Own Motion jurisdiction.
(2) If the Administrative Law Judge chooses
			 to proceed with a fact-finding hearing or other proceeding as described in
			 section (1), the Administrative Law Judge shall:
(a) Make findings of fact and conclusions of
			 law regarding the Own Motion issue(s) within the time required to issue any
			 appealable order in the related case issued regarding matters within the
			 Administrative Law Judge's jurisdiction; and
(b) Forward to the Board a separate,
			 unappealable recommendation with respect to the Own Motion issue(s) and a copy
			 of any appealable order in the related case issued regarding matters within the
			 Administrative Law Judge's jurisdiction.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0030 - Unofficial Recording of Hearing Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
An Administrative Law Judge shall prohibit broadcasting,
				televising, sound or video recording and the taking of photographs within the
				hearing room and of events in the hearing room from outside the hearing room
				while the hearing is in session and during recesses between sessions, except
				sound recording of a hearing by the Administrative Law Judge or an official
				hearing reporter for the purpose of making a record of the hearing. To the
				extent the Administrative Law Judge deems necessary, the same prohibitions may
				be applied to areas immediately adjacent to the hearing room where the
				activities may interrupt or interfere with entry to or exit from the hearing
				room, distract or disturb proceedings within the hearing room or otherwise
				interfere with the conduct of the hearing.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.283(7)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0040 - Electronic Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If any
			 party, in the regular course of the party's business or activity, has kept or
			 recorded any memorandum, writing, entry, print, reproduction or a combination
			 thereof, of any act, transaction, occurrence or event, and in the regular
			 course of the party's business or activity has caused any or all of the same to
			 be recorded, copied or reproduced by any photographic, photostatic, microfilm,
			 micro-card, miniature photographic, optical imaging or other process that
			 accurately reproduces or forms a durable medium for so reproducing the
			 original, the original may be destroyed in the regular course of business. Such
			 reproduction, when satisfactorily identified, is as admissible in evidence as
			 the original itself whether the original is in existence or not at the time a
			 party introduces into evidence such reproduction. The introduction of a
			 reproduced record, enlargement or facsimile does not preclude admission of the
			 original.
(2) If a party introduces
			 into evidence a reproduction described in subsection (1), the exhibit index
			 described in OAR 438-007-0018  will include the following certification: "The
			 attached exhibits contain reproductions as described in 438-007-0040. I hereby
			 certify that the reproductions were created in the regular course of a party's
			 business or activity."
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.726(5)
				  & ORS 656.283(7)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0045 - Translation of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to section (2), all documents admitted at hearing shall be written in
			 the English language.
(2) Any
			 document that contains language that is not written in the English language may
			 be admitted as evidence if:
(a) the parties
			 stipulate (either in writing or orally) the English translation for the
			 non-English language; or
(b) the
			 party offering the document for admission includes an English translation of
			 the non-English language.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0001 - Special Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division:
(1) "Claim Disposition Agreement" means a
			 written agreement pursuant to ORS
			 656.236(1),
			 executed by all parties in which a claimant agrees to release rights, or agrees
			 to release an insurer or self-insured employer from obligations, under ORS
			 656.001 to
			 656.794 except for medical
			 services, in an accepted claim.
(2)
			 "Disputed Claim Settlement" means a written agreement pursuant to ORS
			 656.289(4),
			 executed by all parties in which the parties agree to make a reasonable
			 disposition of all or part of a claim in which there is a bona fide dispute
			 over the compensability of the claim.
(3) "Settlement Stipulation" means a written
			 agreement or an oral agreement if made on the oral record of a hearing and
			 approved in writing by an Administrative Law Judge, in which any matter
			 contested between the parties, other than matters resolvable in a claim
			 disposition agreement or disputed claim settlement, are resolved by agreement
			 of the parties.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.236, ORS
				  656.289(4)
				  & ORS 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0005 - Settlement Stipulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contested matters arising out of a claim closure may be resolved by the parties
			 at any time after the conclusion of the reconsideration proceeding under ORS
			 656.268, whether or not a
			 hearing has been requested by a party.
(2) Any contested matters not arising out of
			 a claim closure may be resolved by the parties at any time, whether or not a
			 hearing has been requested by a party.
(3) All settlement stipulations that provide
			 for an award of compensation for permanent partial disability for dates of
			 injury occurring before January 1, 2005 shall recite the body part(s) for which
			 the award(s) is (are) made and shall recite all awards in both degrees and
			 percent of loss. In the event there is any inconsistency between the stated
			 degrees and percent of loss awarded in a settlement stipulation, the stated
			 percent of loss shall be controlling. For dates of injury occurring on or after
			 January 1, 2005, all settlement stipulations that provide for an award of
			 compensation for permanent disability shall recite the whole person impairment
			 and work disability.
(4) For
			 purposes of ORS 656.289(1)-(3),
			 an Administrative Law Judge's order approving a settlement stipulation is a
			 determination of all matters included within the terms of the settlement
			 stipulation.
(5) All settlement
			 stipulations shall recite whether a claim disposition agreement in the claim
			 has been filed.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.268 &
				  656.289(1)-(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 9 - COMPROMISE AND SETTLEMENT › Section 438-009-0010 - Disputed Claim Settlements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any document
			 submitted for approval by the Board or the Hearings Division as a settlement of
			 a denied or disputed claim shall be in the form specified by this
			 rule.
(2) A disputed claim
			 settlement shall recite, at a minimum:
(a) The
			 date and nature of the claim;
(b)
			 That the claim has been denied and the date of the denial;
(c) That a bona fide dispute as to the
			 compensability of all or part of the claim exists and that the parties have
			 agreed to compromise and settle all or part of the denied and disputed claim
			 under the provisions of ORS 656.289(4);
(d) The factual allegations and legal
			 positions in support of the claim;
(e) The factual allegations and legal
			 positions in support of the denial of the claim;
(f) That each of the parties has substantial
			 evidence to support the factual allegations of that party;
(g) A list of medical service providers who
			 shall receive reimbursement in accordance with ORS 656.313(4), including the
			 specific amount each provider shall be reimbursed, and the parties'
			 acknowledgment that this reimbursement allocation complies with the
			 reimbursement formula prescribed in 656.313(4)(d); and
(h) The terms of the settlement, including
			 the specific date on which those terms were agreed.