(1) An Administrative Law Judge shall
consolidate into one proceeding all cases in which a claimant has requested
hearings involving denials of responsibility for a claim issued by insurers or
self-insured employers under ORS 656.308(2)(a).
(2) Any request for hearing pertaining to the
same claim or claimant as that of a pending hearing request should also recite
whether the request for hearing should be consolidated with a pending hearing
request or be separately scheduled for hearing.
(3) Except as provided in ORS 656.308(2)(a)
and section (1) of this rule, a hearing request complying with section (2) of
this rule shall be processed pursuant to the recitation contained in the
(4) A hearing
request not complying with section (2) of this rule shall be referred to the
Administrative Law Judge assigned to any pending request for hearing pertaining
to the same claim or claimant or to the Presiding Administrative Law Judge or
designee, who shall determine, in the interests of substantial justice to all
parties, whether the request will be consolidated or separately scheduled for
(5) On their own motion
or, in response to a party's written motion filed no less than seven (7) days
prior to a scheduled hearing, the assigned Administrative Law Judge or the
Presiding Administrative Law Judge or designee may, in the interests of
substantial justice to all parties, bifurcate consolidated requests for hearing
or consolidate separately scheduled hearings.
Or. Admin. R. 438-006-0065
WCB 1-1984, f. 4-5-84, ef.
5-1-84; WCB 5-1987, f. 12-18-87, ef. 1-1-88; WCB 2-1989, f. 3-3-89, ef. 4-1-89;
WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90; Reverted to WCB 2-1989, f.
3-3-89, ef. 4-1-89; WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90; WCB 2-1995,
f. 11-13-95, cert. ef. 1-1-96; WCB 1-1997, f. 3-20-97, cert. ef.
5-2022, minor correction filed 03/15/2022, effective
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.307, 656.308 &