Or. Admin. R. 436-120-0012 - General Requirements For Notices and Warnings

(1) Insurer or provider may issue. The insurer is responsible for mailing all notices and warnings required by these rules but may delegate that responsibility to the provider that is providing vocational assistance to the worker.
(2) Required content. All notices and warnings to the worker issued under these rules must:
(a) Use the applicable heading. If a notice is used for more than one purpose, it must include all the headings that apply;
(b) Be in writing, signed, and dated;
(c) State the basis for the decision;
(d) Include the effective date of each action in the heading;
(e) Cite the relevant rules;
(f) Include the worker's appeal rights. All notices and warnings except those notifying a worker of entitlement to training or deferral of vocational assistance eligibility must contain the worker's appeal rights in bold type, as follows:

"If you disagree with this decision, you should contact [insert the person's name and the insurer name] within five days of receiving this letter to discuss your concerns. If you are still dissatisfied, you must contact the Workers' Compensation Division within 60 days of receiving this letter or you will lose your right to appeal this decision. A consultant with the division can talk with you about the disagreement and, if necessary, will review your appeal. The address and telephone number of the division are: Employment Services Team, Workers' Compensation Division, P.O. Box 14480, Salem, Oregon 97309-0405; 503-947-7816 or 1-800-452-0288."; and

(g) Include the telephone number of the Ombudsman for Injured Workers: 1-800-927-1271.
(3) Mailing and copies. All notices and warnings must:
(a) Be mailed to the worker's last known address by both regular and certified mail; and
(b) Be copied to the division and worker's attorney, if any, at the same time the notice or warning is mailed to the worker.
(4) Effective date. A notice is not effective until it is sent to all required parties including the worker's attorney.
(5) Requirements for warning letters.
(a) A warning letter can be issued at any time during the vocational eligibility evaluation or vocational assistance process.
(b) Warning letters do not require specific language in the headings but must include a heading clearly indicating the purpose of the warning.
(c) A warning letter must state what the worker must do, and by when, to avoid ineligibility or the ending of eligibility or training.


Or. Admin. R. 436-120-0012
WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00, Renumbered from 436-120-0600, 436-120-0610 & 436-120-0620 [WCD 11-1987, f. 12-17-87, ef. 1-1-88; WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95; WCD 6-1996, f. 2-6-96, cert. ef. 3-1-96; WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02; WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04; WCD 6-2005, f. 6-9-05, cert. ef. 7-1-05; WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07; WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10; Renumbered from 436-120-0004, WCD 5-2010, f. 9-15-10, cert. ef. 11-15-10; WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12; WCD 4-2016, f. 11-28-16, cert. ef. 1/1/2017

Stat. Auth.: ORS 656.340(9), 656.726(4)

Stats. Implemented: ORS 656.340

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