Or. Admin. Code § 436-080-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 436-080-0060 - When a Worker Files a Claim for an Injury

(1) When the division issues an order under OAR 436-080-0010 declaring an employer a noncomplying employer, and a subject worker has filed a claim for an injury sustained during the period of noncompliance while the worker was employed by such employer, the division will:

(a) Refer the claim with a copy of the order and the results of its investigation to the assigned claims agent for processing as required by ORS 656.054; and

(b) Inform the worker, the worker's representative, if represented, and the employer that the claim has been referred to the assigned claims agent;

(2) The notice to the employer will inform the employer of the right to object to the claim.

(3) If the employer wishes to object to the claim, the employer shall request a hearing. The request for hearing must be filed within 60 days from the date of the mailing of the Notice of Referral.

(4) When the assigned claims agent accepts or denies the claim, it shall notify the worker, employer, and the division of its action within the time provided by ORS 656.262.

(5) When the division finds that at the time of the injury, either the worker was not a subject worker or the employer was not a subject employer, the worker and employer shall be notified of such determination. The worker may request a hearing by filing a hearing request within 60 days after the mailing of the determination. The hearing request must be sent to the Workers' Compensation Division administrator. The worker and employer shall be parties to any such hearing, and will be notified by the Hearings Division of the time and place set for hearing.

Or. Admin. Code § 436-080-0060

WCB 4-1973(Temp), f. & ef. 12-6-73; WCB 4-1974 f. 2-13-74, ef. 3-11-74; WCB 15-1979(Admin), f. 9-22-75, ef. 10-11-75; WCD 5-1978(Admin), f. 3-31-78, ef. 4-1-78; Renumbered from 436-052-0040, 5-1-85; WCD 7-1987, f. 12-18-87, ef. 1-1-88; WCD 5-1989, f. 12-22-89, cert. ef. 1-1-90; WCD 26-1990, f. 11-29-90, cert. ef. 12-26-90; WCD 8-1992(Temp), f. & cert. ef. 4-15-92; WCD 14-1992, f. & cert. ef. 10-13-92; WCD 1-1996, f. 1-3-96, cert. ef. 1-5-96; WCD 9-1997(Temp), f. & cert. ef. 8-1-97; WCD 2-1998, f. 1-9-98, cert. ef. 1-23-98; WCD 12-2003, f. 12-4-03, cert. ef. 1-1-04; WCD 20-2018, amend filed 11/15/2018, effective 1/1/2019

Statutory/Other Authority: ORS 656.726

Statutes/Other Implemented: ORS 656.054