A request for
hearing shall be referred to the Expedited Claims Service if:
(a) The request does not involve the
compensability of or responsibility for a claim, and the total amount in
controversy, exclusive of penalties and/or related attorney fees, is $1,000 or
(b) The only issue in the
case is entitlement to penalties and/or related attorney fees; or
(c) The request is for an expedited hearing
to appeal a denial under ORS
a worker's failure to cooperate in a claim investigation.
(2) If an Administrative Law Judge finds at
the hearing or at any time prior to the hearing that the case should not have
been referred to the Expedited Claims Service, the Administrative Law Judge
shall refer the case for decision under the ordinary hearing process. With the
consent of the Administrative Law Judge, the parties may agree on the oral
record to proceed with the hearing as referred to the ordinary hearing process
without further delay. Such an agreement to proceed is a waiver of any claim of
defect as to notice of hearing or issues.
Or. Admin. R.
WCB 5-1987, f. 12-18-87,
ef. 1-1-88; WCB 2-1989, f. 3-3-89, ef. 4-1-89; WCB 2-1995, f. 11-13-95, cert.
ef. 1-1-96; WCB 3-2001, f. 11-14-01, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS