Or. Admin. R. 436-120-0003 - General Provisions
(1)
Purpose of these rules. The purpose of the rules in OAR 436-120 is
to:
(a) Prescribe uniform standards for
determining eligibility, delivery, and payment for vocational services to
injured workers;
(b) Prescribe
procedures for resolving disputes; and
(c) Establish standards for the certification
of counselors and providers.
(2)
Applicability of rules.
(a) These rules govern vocational assistance
under the workers' compensation law on or after the effective date of these
rules except as OAR 436-120 otherwise provides.
(b) Except as outlined below, the director's
decisions under OAR 436-120-0008 regarding eligibility will be based on the
rules in effect on the date the insurer issued the notice. If an eligibility
decision involves the weekly wage under OAR 436-120-0147(3)(b)(B), the
director's decisions under OAR 436-120-0008 regarding eligibility will rely on
OAR 436-120-0147(3)(b)(B) in effect on the date of the director's order. The
director's decisions regarding the nature and extent of assistance will be
based on the rules in effect at the time the assistance was provided. If the
director orders future assistance, such assistance must be provided in
accordance with the rules in effect at the time assistance is
provided.
(c) Under these rules a
claim for aggravation or reopening a claim to process a newly accepted
condition is considered a new claim for purposes of vocational assistance
eligibility and vocational assistance, except as otherwise provided in these
rules.
(3)
Director's discretion.
(a) The
director may waive procedural rules as justice requires, unless otherwise
obligated by statute.
(b) If the
worker has returned to work with the employer at injury, the director reserves
the right to verify whether the employment is suitable.
(4)
Submitting documents or
information, calculating time.
(a)
Documents or information required under these rules to be submitted to the
division may be submitted in any of the following ways:
(A) Mailed to the division's mailing address
with sufficient postage and placed in the custody of the U.S. Postal
Service;
(B) Physical delivery to
the division's Salem office;
(C)
Faxed, if the document transmitted indicates it has been delivered by fax, is
sent to the correct fax number, and indicates the date it was sent;
or
(D) Any other method authorized
by the director.
(b)
Timeliness of any document required by these rules to be submitted to the
division is determined as follows:
(A) If a
document is mailed, it will be considered submitted on the date it is
postmarked.
(B) If a document is
faxed, it must be received by 11:59 p.m. Pacific Time to be considered
submitted on that date.
(C) If a
document is delivered, it must be delivered during regular business hours and
marked as received to be considered submitted on that date.
(c) Time periods allowed under
these rules are calculated in calendar days. The first day is not included. The
last day is included unless it is a Saturday, Sunday, or legal holiday. In that
case, the period runs until the end of the next day that is not a Saturday,
Sunday, or legal holiday. Legal holidays are those listed in ORS
187.010
and
187.020.
(5)
Availability of forms. The
forms and bulletins referenced in these rules are available on the division's
website at wcd.oregon.gov.
Notes
Statutory/Other Authority: ORS 656.340(9) & 656.726(4)
Statutes/Other Implemented: ORS 656.206 & 656.340
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.