Any document filed with the Board for approval by the
Administrative Law Judge who mediated the agreement or the Board Members as a
claim disposition agreement shall:
(1)
Contain the terms, conditions, and information as prescribed by the Board
pursuant to OAR
438-009-0022;
(2)
Be in a separate document from a disputed claim settlement; and
(3) Include, in prominent or bold-face type,
the following paragraph, which shall be located at the conclusion of the
document after the signature lines for the parties:
"THIS AGREEMENT IS IN ACCORDANCE WITH THE TERMS AND CONDITIONS
PRESCRIBED BY THE BOARD. SEE ORS
656.236(1).
ACCORDINGLY, THIS CLAIM DISPOSITION AGREEMENT IS APPROVED. AN ATTORNEY FEE
PAYABLE TO CLAIMANT'S ATTORNEY ACCORDING TO THE TERMS OF THIS AGREEMENT IS ALSO
APPROVED.
IT IS SO ORDERED.
DATED THIS ___ DAY OF ________, 20__ .
Board Member
Board Member
NOTICE TO ALL PARTIES: THIS ORDER IS FINAL AND IS NOT SUBJECT
TO REVIEW. ORS 656.236(2)."
(4) If the document filed for
approval lacks any of the information required by section (1) of this rule, the
Administrative Law Judge who mediated the agreement or the Board may:
(a) Mail a letter notifying the parties that
the deficiency must be corrected and that an addendum signed by one or more of
the parties or their representatives must be filed in the manner described in
the letter within 21 days from the date of the letter; and
(b) In the event that the deficiency is not
corrected in the manner and within the time described in subsection (a) of this
section, disapprove the proposed agreement as unreasonable as a matter of law
under ORS 656.236(1)(a).
Notes
Or. Admin. R.
438-009-0020
WCB 7-1990(Temp), f.
6-14-90, cert. ef. 7-1-90; WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90; WCB
1-1991(Temp), f. & cert. ef. 3-8-91; WCB 5-1991, f. 8-22-91, cert. ef.
9-2-91; WCB 2-1995, f. 11-13-96, cert. ef. 1-1-96; WCB 1-1999, f. 8-24-99,
cert. ef. 11-1-99; WCB 2-2007, f. 12-11-07, cert. ef. 1-1-08; WCB 1-2013, f.
2-11-13, cert. ef. 4-1-13
Stat. Auth.: ORS
656.726(5)
Stats. Implemented: ORS
656.236
