(1) Insurer participation. The insurer of the
employer at injury must be an active participant in providing re-employment
assistance under the Preferred Worker Program.
(2) Notice of assistance available. The
insurer must notify the worker and
employer at injury in writing of the
assistance available from the Preferred Worker Program. A notice must be
issued:
(a) Within five days of the worker
being declared medically stationary;
(b) Upon determination of the worker's
eligibility or ineligibility for vocational assistance under ORS
656.340
and OAR
436-120; and
(c) Upon
approval of a claim disposition agreement.
(3) Required notice language.
(a) The notice to the worker required by
section (2) of this rule must be in bold type and contain the following
language:
The Preferred Worker Program helps Oregon's injured workers get
back to work. To find out whether you qualify, contact the Preferred Worker
Program. Call: 503-947-7588 or 800-445-3948 (toll-free) Fax:
503-947-7581
Or write the Preferred Worker Program at P.O. Box 14480, Salem,
Oregon 97309-0405 or pwp.oregon@oregon.gov
(b) The notice to the
employer at injury
required by section (2) of this rule must be in bold type and contain the
following language:
As the employer of an injured worker, you may be eligible for
valuable Preferred Worker Program incentives if the worker cannot return to
regular work and has permanent restrictions caused by the injury.
If the worker's Preferred Worker Program eligibility has not
been determined, you may contact the Workers' Compensation Division for an
eligibility review.
To be eligible for exemption from paying workers' compensation
premiums for this worker for three years, you must:
Bring back your preferred worker to a new or modified job;
and
Notify the Workers' Compensation Division within 90 days of the
date the worker is determined eligible or within 90 days of the date you bring
the worker back to work, whichever is later.
To request all other Preferred Worker Program benefits, you
must contact the Workers' Compensation Division within 180 days of the worker's
claim closure date.
To find out more about the Preferred Worker Program, contact
the program.
Call: 503-947-7588 or 800-445-3948 (toll-free)
Fax: 503-947-7581
Or write the Preferred Worker Program at P.O. Box 14480, Salem,
Oregon 97309-0405 or pwp.oregon@oregon.gov
(4) Reporting information to the
division.
The insurer must provide the
division with preferred worker information upon
the following:
(a) Claim closure according to
ORS
656.268,
by submitting Form 1503, "
Insurer Notice of Closure Summary," as prescribed by
OAR
436-030-0015(1);
(b) Within 30
calendar days of an order on reconsideration, opinion and order of an
administrative law judge, order on review by the board, decision of the Court
of Appeals or Supreme Court, or stipulation between the parties that grants
initial permanent disability after the latest opening of the worker's claim;
and
(c) Approval of a claim
disposition agreement, if documented medical evidence indicates permanent
restrictions exist as a result of the injury or disease, and the worker is
unable to return to regular work. If a claim disposition agreement is approved
before the worker is medically stationary, the insurer must continue to process
the claim to medically stationary for purposes of the Preferred Worker
Program.
Notes
Or. Admin. R.
436-110-0240
WCD 32-1990, f. 12-10-90,
cert. ef. 12-26-90; WCD 1-1993, f. 1-21-93, cert. ef. 3-1-93, Renumbered from
436-110-0017; WCD 10-1996, f. 3-12-96, cert. ef. 4-5-96; WCD 11-1997, f.
8-28-97, cert. ef. 9-12-97; WCD 7-2001, f. 8-14-01, cert. ef. 10-1-01; WCD
4-2005, f. 5-26-05, cert. ef. 7-1-05; WCD 8-2007, f. 11-1-07, cert. ef.
12-1-07; WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08; WCD 1-2010(Temp), f. &
cert. ef. 4-15-10 thru 10-11-10; WCD 4-2010, f. 9-15-10, cert. ef. 10-12-10;
WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12;
WCD
4-2016, f. 11-28-16, cert. ef.
1/1/2017;
WCD
16-2021, amend filed 11/24/2021, effective
1/1/2022
Forms referenced are available from the
agency.
Statutory/Other Authority: ORS
656.340,
656.622
& 656.726(4)
Statutes/Other Implemented: ORS
656.340(1),
(2), (3),
656.622
& 656.726(4)
