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Chapter 6562019 EDITIONWorkers’ .010656.012GENERAL PROVISIONSShort titleApplication of definitions to constructionof chapterDefinitionsEffect on employers’ liability lawExtension of laws relating to workers’compensation to federal lands and projects within stateTreatment by spiritual meansFindings and 043656.044COVERAGEEmployer required to pay compensationand perform other duties; state not authorized to be direct responsibility employerEffect of providing coverage; exclusiveremedyCivil negligence action for claim deniedon basis of failure to meet major contributing cause standard; statute of limitationsDamage actions by workers against noncomplying employers; defenses outlawedPerson performing work under ORS chapter 701 as subject employerWho are subject employersIndividualsengagedincommuterridesharing not subject workers; conditionsWho are subject workersObligation of person awarding contract toprovide coverage for workers under contract; exceptions; effect of failure to provide coverageCoverage for municipal volunteer personnelCoverage for participants in work experience or school directed professionaltraining programsStatus of workers in separate occupationsof employerExemption from coverage for persons engaged in certain real estate activitiesElection of coverage for workers not subject to law; procedure; cancellation;election of coverage for home care workers and personal support workersCity or county may elect to provide coverage for adults in custodyGovernmental agency paying wages responsible for providing 56.202656.204656.206656.208656.209State Accident Insurance Fund CorporationmayinsureliabilityunderLongshoremen’s and Harbor Workers’Compensation Act; procedure; cancellation1Coverage of persons in college work experience and professional education programsProhibition against employment withoutcoverage; proposed order declaring noncomplying employer; effect of failure tocomplyClaim of injured worker of noncomplyingemployer; procedure for disputing acceptance of claim; recovery of costs fromnoncomplying employer; restrictionsSubject employers must post notice ofmanner of complianceDefinitions for ORS 656.027, 656.070 and656.075Exemption from coverage for newspapercarriers; casualty insurance and other requirementsCoverage while temporarily in or out ofstate; judicial notice of other state’s laws;agreements between states relating toconflicts of jurisdiction; limitation oncompensation for claims in this state andother jurisdictionsSole proprietors, limited liability companymembers, partners, independent contractors may elect coverage by insurer; cancellationCoverage of minorsCoverage of deaf school work experiencetraineesCoverage of apprentices, trainees participating in related instruction classesCoverage of persons operating equipmentfor hireInjury due to negligence or wrong of aperson not in the same employ as injuredworker; remedy against such personIntentional injuriesEffect of incarceration on receipt of compensationValidity of provisions of certain collectivebargaining agreements; alternative dispute resolution systems; exclusive medicalservice provider lists; authority of directorApplicability of and criteria for establishing program under ORS 656.170RulesCompensation payable to subject workerin accordance with law in effect at timeof injury; exceptions; notice regardingpaymentCOMPENSATION ANDMEDICAL BENEFITSDeathPermanent total disabilityDeath during permanent total disabilityOffsetting permanent total disability benefits against Social Security benefits

LABOR AND 656.254656.256656.258656.260Temporary total disability; payment during medical treatment; election; rules“Average weekly wage” definedTemporary partial disabilityPermanent partial disabilityPermanent partial disability; method ofpayment; effect of prior receipt of temporary disability paymentsContinuance of permanent partial disability payments to survivors; effect of deathprior to final claim dispositionCompensation for additional accidentCompensability of certain preexistingconditionsCohabitants and children entitled to compensationPayments directly to beneficiary orcustodianLump sum award paymentsPayments to aliens residing outside ofUnited StatesCompensation not assignable nor to passby operation of law; certain benefits subject to support obligationsCompromise and release of claim mattersexcept for medical benefits; approval byAdministrative Law Judge or board; approval by director for certain reserve reimbursements; restriction on chargingcosts to workers; restriction on joinder asparties for responsibility determinationsDeduction of benefits from sick leavepayments paid to employeesMedical services to be provided; servicesby providers not members of managedcare organizations; authorizing temporarydisability compensation and making finding of impairment for disability ratingpurposes by certain providers; review ofdisputed claims for medical services; rulesPayment for medical services prior toclaim acceptance or denial; review of disputed services; duty of health benefit planto pay for certain medical services in denied claimMedical service fee schedules; basis offees; application to service provided bymanaged care organization; resolution offee disputes; rulesLimitation on compensability of physicaltherapist servicesMedical report regulation; rules; duties ofattending physician or nurse practitioner;disclosure of information; notice ofchanging attending physician or nursepractitioner; copies of medical servicebillings to be furnished to workerMedical report forms; penalties and othersanctions; procedure for declaring healthcare practitioner ineligible for workers’compensation reimbursementConsiderations for rules regarding certainrural hospitalsVocational assistance service paymentsCertification procedure for managedhealth care provider; peer review, qualityassurance, service utilization and contractreview; confidentiality of certain information; immunity from liability; rules; medical service dispute resolution; 56.310656.313656.3192PROCEDURE FOROBTAINING COMPENSATIONProcessing of claims and payment ofcompensation; payment by employer; acceptance and denial of claim; penaltiesand attorney fees; cooperation by workerand attorney in claim investigation; rulesTo whom notices sent under ORS 656.262,656.265, 656.268 to 656.289, 656.295 to 656.325and 656.382 to 656.388Compensable injury, denied claim andother reportsNotice of accident from workerBurden of proving compensability and nature and extent of disabilityClaims for new and omitted medical conditionsClaim closure; termination of temporarytotal disability benefits; reconsiderationof closure; medical arbiter to make findings of impairment for reconsideration;credit or offset for fraudulently obtainedor overpaid benefits; rulesAggravation for worsened conditions;procedure; limitations; additional compensationRequest for reclassification of nondisabling claim; nondisabling claim procedure; attorney feesBoard has continuing authority to alterearlier action on claim; limitationsHearing rights and procedure; rules; impeachment evidence; use of standards forevaluation of disabilityProtection of witnesses at hearingsUse of vocational reports in determiningloss of earning capacity at hearing; rulesOrders of Administrative Law Judge; review; disposition of claim when compensability disputed; approval of directorrequired for reimbursement of certain expendituresExpedited Claim Service; jurisdiction;procedure; representation; rulesBoard review of Administrative LawJudge orders; application of standards forevaluation of disabilityJudicial review of board orders; settlement during pendency of petition for reviewWhen acceptance of compensation precludes hearingDetermination of issues regarding responsibility for compensation payment; mediation or arbitration procedure; rulesResponsibility for payment of claims; effect of new injury; denial of responsibility;procedure for joining employers and insurers; attorney fees; limitation on filingclaims subject to settlement agreementPresumption concerning notice of injuryand self-inflicted injuries; reports as evidenceStay of compensation pending request forhearing or review; procedure for denial ofclaim for medical services; reimbursementTime within which hearing must be requested

WORKERS′ 390Required medical examination; workerrequested examination; qualified physicians; claimant’s duty to reduce disability;suspension or reduction of benefits; cessation or reduction of temporary totaldisability benefits; rules; penaltiesReview of medical treatment of worker;findings; review; costsList of authorized providers and standardsof professional conduct for providers ofindependent medical examinations; exclusion; complaints; rulesContact, medical examination of workerrepresented by attorney prohibited without written notice; rulesVocational assistance procedure; eligibility criteria; service providers; resolutionof vocational assistance disputes; CLOSURE OF WORKERMEDICAL AND VOCATIONALCLAIM RECORDSConfidentiality of worker medical and vocational claim recordsLiability for disclosure of worker medicaland vocational claim records656.506656.508656.526LEGAL REPRESENTATIONPenalties and attorney fees payable byinsurer or employer in processing claimAttorney fees in cases prior to decisionor after request for hearingAttorney fees in cases regarding certainmedical service or vocational rehabilitation matters; rules; limitation; penaltiesRecovery of attorney fees, expenses andcosts in appeal on denied claim; attorneyfees in other casesApproval of attorney fees required; lienfor fees; fee schedule; adjustment; reportof legal service costsFrivolous appeals, hearing requests ormotions; expenses and attorney INSURED AND CARRIER-INSUREDEMPLOYERS; INSURERS656.403Obligations of self-insured employer656.407Qualifications of insured employers656.419Workers’ compensation insurance contracts656.423Cancellation of coverage by employer;notice required656.427Termination of workers’ compensationinsurance contract or surety bond liabilityby insurer656.430Certification of self-insured employer;employer groups; insurance policy requirements; revocation of certification;rules656.434Certification effective until canceled orrevoked; revocation of certificate656.440Notice of certificate revocation; appeal;effective date656.441Advancement of funds from Workers’Benefit Fund for compensation due workers insured by certain decertified selfinsured employer groups656.443Procedure upon default by employer orself-insured employer group; rules656.564656.566Advancement of funds from Workers’Benefit Fund for compensation due workers insured by insurer in default; limitations; rulesSanctions against insurer for failure tocomply with contracts, orders or rulesSelf-insured employers required to keeprecords of compensation claims; locationand inspection; expenses of audits and inspections; rulesCHARGES AGAINSTEMPLOYERS AND WORKERS“Fiscal year” definedRates, charges, fees and reports by employers insured by State Accident Insurance Fund CorporationEstimate of payroll when employer failsto file payroll report; demand for and recovery of premiums and assessmentsAssessments for programs; setting assessment amount; determination by directorof benefit levelAuthority to fix premium rates for employersDistribution of dividends from surplus inIndustrial Accident FundPremium charges for coverage of reforestation cooperative workers based onprevailing wage; manner of determiningprevailing wageENFORCEMENT OF PREMIUMPAYMENTSDeposit of cash, bond or letter of creditto secure payment of employer’s premiumsInjunction against employer failing tocomply with deposit requirementsLiability of person letting a contract foramounts due from contractorDefault in payment of premiums, fees,assessments or deposit; remediesMoneys due Industrial Accident Fund aspreferred claims; moneys due departmentas taxes due stateLien for amounts due from employer onreal property, improvements and equipment on or with which labor is performedby workers of employerLien on property of employer for amountsdueRECOVERY AGAINST THIRD PERSONSAND NONCOMPLYING EMPLOYERS656.576“Paying agency” defined656.578Workers’ election whether to sue thirdperson or noncomplying employer fordamages656.580Payment of compensation notwithstanding cause of action for damages; lien oncause of action for compensation paid656.583Paying agency may compel election andprompt action656.587Paying agency must join in any compromise656.591Election not to bring action operates asassignment of cause of action; repaymentsto department by paying agency3

LABOR AND ure when worker or beneficiaryelects to bring action; release of liabilityand lien of paying agency in certain casesPrecedence of cause of action; compensation paid or payable not to be an issueDamage recovery as offset against compensation; recovery procedure; notice topaying agency656.725656.726656.727656.730656.732FUNDS; SOURCE;INVESTMENT; DISBURSEMENT(General Provisions)Disbursement proceduresWorkers’ Benefit Fund; uses and limitationsAssessments for department activities;amount; collection procedureSelf-Insured Employer Adjustment Reserve; Self-Insured Employer Group Adjustment ReserveReemployment Assistance Program; claimdata not to be used for insurance rating;rulesReopened Claims Program; rulesWorkers with Disabilities Program; use offunds; conditions and limitations; rulesOregon Institute of Occupational HealthSciences funding; report of activities656.735656.740656.745656.750(Industrial Accident Fund and Reserves)656.632Industrial Accident Fund656.634Trust fund status of Industrial AccidentFund656.635Reserve accounts in Industrial AccidentFund656.636Reserves in Industrial Accident Fund forawards for permanent disability or death656.640Creation of reserves656.751656.752656.753656.642656.644(Other Funds)Emergency FundPetty cash 722(General Provisions)Disclosure of records of corporation, department and insurersActions and orders regarding mattersconcerning claim and matters other thanmatters concerning claim; authority ofdirector and board; administrative andjudicial review; rulesHearings Division; dutiesOmbudsman for injured workers; ombudsman for small business; dutiesWorkers’ Compensation Board; members;qualifications; chairperson; confirmation;term; vacanciesRemoval of board memberBoard members not to engage in politicalor business activity that interferes withduties as board member; oath and bondrequiredChairperson; quorum; panelsProsecution and defense of actions by Attorney General and district attorneysAuthority to employ 04Administrative Law Judges; appointment;qualifications; term; performance survey;removal procedureDuties and status of Administrative LawJudgesDuties and powers to carry out workers’compensation and occupational safetylaws; rulesRules for administration of benefit offsetAssigned risk planPower to compel obedience to subpoenasand punish for misconductCivil penalty for noncomplying employers;amount; liability of partners and of corporate and limited liability company officers; effect of final order; penalty aspreferred claim; disposition of moneyscollectedReview of proposed order declaring noncomplying employer or nonsubjectivitydetermination; review of proposed assessment or civil penalty; insurer as party;hearingCivil penalty for inducing failure to reportclaims; limits on penalty amounts; failureto pay assessments; failure to comply withstatutes, rules or orders; amount; procedureCivil penalty for failure to maintain records of compensation claims; amount;disposition of funds(State Accident Insurance FundCorporation)State Accident Insurance Fund Corporation created; board; members’ qualifications; terms; compensation; expenses;function; reportState Accident Insurance Fund Corporation; purpose and functionsState Accident Insurance Fund Corporation exempt from certain financial administration laws; contracts with stateagencies for servicesManager; appointment; functionsInspection of books, records and payrolls;statement of employment data; civil penalty for misrepresentation; failure to submit books for inspection and refusal tokeep correct payrollAnnual audit of State Accident InsuranceFund Corporation by Secretary of State;scope of review; report of auditAnnual report by State Accident Insurance Fund Corporation to Secretary ofState; contentsNotice to Secretary of State regardingaction on audit report(Claims Examiner Certification)Certification and training of claims examiners; records of certification andtraining of examiners; department inspection of records; penalties; rulesFunds for repayment of certain reinsurance claims--2003 c.781 §14(1)(Advisory Committees)Workers’CompensationManagementLabor Advisory Committee; membership;duties; expenses

WORKERS′ care;656.802656.804INFORMATIONAL MATERIALS ABOUTWORKERS’ COMPENSATION SYSTEM656.795Informational materials for nurse practitioners656.797Certification by nurse practitioner of r

656.035 St atus of workers in separate occupations of employer 656.037 Exemption from coverage for persons en-gaged in certain real estate activities 656.039 Election of coverage for workers not sub-ject to law; procedure; cancellation; election of coverage for home care work-ers and personal support workers