(1) Processing of claims and providing compensation for a worker shall be the responsibility of the insurer or self-insured employer. All employers shall assist their insurers in processing claims as required in this chapter. (2) The compensation due under this chapter shall be paid periodically, promptly and directly to the person entitled thereto upon the […]
All notices of proceedings required to be sent under ORS 656.262, 656.265, 656.268 to 656.289, 656.295 to 656.325, 656.382 to 656.388 and this section shall be sent to the employer and the insurer, if any. [1967 c.97 §2; 1975 c.556 §42]
(1) Insurers and self-insured employers shall report to the Director of the Department of Consumer and Business Services compensable injuries, denied claims, claims disposition and payments made by them under this chapter. (2) The director may require insurers and self-insured employers to report other information as required to carry out this chapter. (3) The director […]
(1)(a) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a beneficiary of the worker to the employer, but not later than 90 days after the accident. The employer shall acknowledge forthwith receipt of such notice. (b) Notwithstanding paragraph (a) of this subsection, if an injured […]
(1) The burden of proving that an injury or occupational disease is compensable and of proving the nature and extent of any disability resulting therefrom is upon the worker. The worker cannot carry the burden of proving that an injury or occupational disease is compensable merely by disproving other possible explanations of how the injury […]
(1) To initiate omitted medical condition claims under ORS 656.262 (6)(d) or new medical condition claims under this section, the worker must clearly request formal written acceptance of a new medical condition or an omitted medical condition from the insurer or self-insured employer. A claim for a new medical condition or an omitted condition is […]
(1) One purpose of this chapter is to restore the injured worker as soon as possible and as near as possible to a condition of self support and maintenance as an able-bodied worker. The insurer or self-insured employer shall close the worker’s claim, as prescribed by the Director of the Department of Consumer and Business […]
(1) After the last award or arrangement of compensation, an injured worker is entitled to additional compensation for worsened conditions resulting from the original injury. A worsened condition resulting from the original injury is established by medical evidence of an actual worsening of the compensable condition supported by objective findings. However, if the major contributing […]
(1)(a) A request for reclassification by the worker of an accepted nondisabling injury that the worker believes was or has become disabling must be submitted to the insurer or self-insured employer. The insurer or self-insured employer shall classify the claim as disabling or nondisabling within 14 days of the request. A notice of such classification […]
(1) Except as provided in subsection (7) of this section, the power and jurisdiction of the Workers’ Compensation Board shall be continuing, and it may, upon its own motion, from time to time modify, change or terminate former findings, orders or awards if in its opinion such action is justified in those cases in which: […]
[Amended by 1965 c.285 §41b; renumbered 656.325]
(1) Subject to ORS 656.319, any party or the Director of the Department of Consumer and Business Services may at any time request a hearing on any matter concerning a claim, except matters for which a procedure for resolving the dispute is provided in another statute, including ORS 656.704. (2) A request for hearing may […]
ORCP 36 C shall apply to workers’ compensation cases, except that the Administrative Law Judge shall make the determinations and orders required of the court in ORCP 36 C, and in addition attorney fees shall not be declared as a matter of course but only in cases of harassment or hardship. [1973 c.652 §1; 1977 […]
(1) Where there is an issue regarding loss of earning capacity, reports from vocational consultants employed by governmental agencies, insurers or self-insured employers, or from private vocational consultants, regarding job opportunities, the fitness of claimant to perform certain jobs, wage levels, or other information relating to claimant’s employability shall be admitted into evidence at compensation […]
(1) Upon the conclusion of any hearing, or prior thereto with concurrence of the parties, the Administrative Law Judge shall promptly and not later than 30 days after the hearing determine the matter and make an order in accordance with the Administrative Law Judge’s determination. (2) A copy of the order shall be sent forthwith […]
(1) The Workers’ Compensation Board, by rule, shall establish an Expedited Claim Service to provide for prompt, informal disposition of claims. (2) The board shall assign to the service those claims: (a) For which a hearing has been requested when the only matters unresolved do not include compensability of the claim and the amount in […]
[Amended by 1965 c.285 §38; renumbered 656.301]
[Amended by 1965 c.285 §37; renumbered 656.304]
(1) The request for review by the Workers’ Compensation Board of an order of an Administrative Law Judge need only state that the party requests a review of the order. (2) The requests for review shall be mailed to the board and copies of the request shall be mailed to all parties to the proceeding […]
(1) Within the time limit specified in ORS 656.295, any party affected by an order of the Workers’ Compensation Board, including orders issued pursuant to ORS 656.278, may request judicial review of the order by the Court of Appeals. (2) The name and style of the proceedings shall be “In the Matter of the Compensation […]
