Or. Admin. R. 436-030-0005

Current through Register Vol. 63, No. 6, June 1, 2024

Section 436-030-0005 - Definitions

Unless a term is defined in these rules or the context otherwise requires, the definitions of ORS chapter 656 are incorporated by reference and made part of these rules.

(1)"Authorized nurse practitioner" means a nurse practitioner authorized to provide compensable medical services under ORS 656.245 and OAR 436-010.

(2)"Board" means the Workers' Compensation Board and includes its Hearings Division.

(3)"Day" means calendar day unless otherwise specified (e.g., "working day").

(4)"Direct medical sequela" means a condition that is clearly established medically and originates or stems from an accepted condition.

(5)"Director" means the director of the Department of Consumer and Business Services, or the director's designee.

(6)"Division" means the Workers' Compensation Division of the Department of Consumer and Business Services.

(7)"Instant fatality" means a compensable claim for death benefits when the worker dies within 24 hours of the injury.

(8)"Insurer" means the State Accident Insurance Fund; an insurer authorized under ORS chapter 731 to transact workers' compensation insurance in Oregon, a self-insured employer, or a self-insured employer group.

(9)"Irreversible findings" has the same meaning as described in OAR 436-035-0005(7).

(10)"Mailed" or "mailing date," for the purposes of determining timeliness under these rules, means the date a document is postmarked. Requests submitted by fax will be considered mailed as of the date printed on the banner automatically produced by the transmitting fax machine. Hand-delivered requests will be considered mailed as of the date received by the division. Phone or in-person requests, where allowed under these rules, will be considered mailed as of the date of the request.

(11)"Notice of Closure" means a notice to the worker, estate, or beneficiary issued by the insurer to:

(a) Close an accepted disabling claim, including fatal claims;

(b) Correct, rescind, or rescind and reissue a Notice of Closure previously issued; or

(c) Reduce permanent total disability to permanent partial disability.

(12)"Reconsideration" means review by the director of an insurer's Notice of Closure.

(13)"Statutory closure date" means the date the claim satisfies the criteria for closure under ORS 656.268(1)(b) and (c).

(14)"Statutory appeal period" means the time frame for appealing a Notice of Closure or Order on Reconsideration.

(15)"Work disability," for purposes of determining permanent disability, means the separate factoring of impairment as modified by age, education, and adaptability to perform the job at which the worker was injured.

Or. Admin. R. 436-030-0005

WCD 8-1978(Admin), f. 6-30-78, ef. 7-10-78; WCD 4-1980(Admin), f. 3-20-80, ef. 4-1-80; WCD 5-1981(Admin), 12-30-81, ef. 1-1-82; Renumbered from 436-065-0004, 5-1-85; WCD 13-1987, f. 12-18-87, ef. 1-1-88; WCD 5-1990(Temp), f. 6-18-90, cert. ef. 7-1-90; WCD 31-1990, f. 12-10-90, cert. ef. 12-26-90; WCD 12-1994, f. 11-18-94, cert. ef. 1-1-95; WCD 8-1996, f. 2-14-96, cert. ef. 2-17-96; WCD 17-1997, f. 12-22-97, cert. ef. 1-15-98; WCD 9-2000, f. 11-13-00, cert. ef. 1-1-01; WCD 14-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-03; WCD 2-2004, f. 2-19-04 cert. ef. 2-29-04; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10; WCD 1-2015, f. 1-29-15, cert. ef. 3/1/2015; WCD 6-2015, f. 10-12-15, cert. ef. 11/17/2015; WCD 3-2020, amend filed 02/07/2020, effective 3/1/2020

Statutory/Other Authority: ORS 656.268 & 656.726

Statutes/Other Implemented: ORS 656.268, 656.726 & 656.005