Or. Admin. Code § 436-030-0005 - Definitions
Unless a term is defined in these rules or the context otherwise requires, the definitions of ORS chapter 656 are incorporated by reference and made part of these rules.
(1)
"Authorized nurse
practitioner" means a nurse practitioner authorized to provide
compensable medical services under ORS
656.245 and OAR
436-010.
(2)
"Board"
means the Workers' Compensation Board and includes its Hearings
Division.
(3)
"Day"
means calendar day unless otherwise specified (e.g., "working day").
(4)
"Direct medical sequela"
means a condition that is clearly established medically and originates or stems
from an accepted condition.
(5)
"Director" means the director of the Department of Consumer and
Business Services, or the director's designee.
(6)
"Division" means the
Workers' Compensation Division of the Department of Consumer and Business
Services.
(7)
"Instant
fatality" means a compensable claim for death benefits when the worker
dies within 24 hours of the injury.
(8)
"Insurer" means the State
Accident Insurance Fund; an insurer authorized under ORS chapter 731 to
transact workers' compensation insurance in Oregon, a self-insured employer, or
a self-insured employer group.
(9)
"Irreversible findings" has the same meaning as described in OAR
436-035-0005(7).
(10)
"Mailed" or "mailing date,"
for the purposes of determining timeliness under these rules, means the date a
document is postmarked. Requests submitted by fax will be considered mailed as
of the date printed on the banner automatically produced by the transmitting
fax machine. Hand-delivered requests will be considered mailed as of the date
received by the division. Phone or in-person requests, where allowed under
these rules, will be considered mailed as of the date of the request.
(11)
"Notice of Closure" means a
notice to the worker, estate, or beneficiary issued by the insurer to:
(a) Close an accepted disabling claim,
including fatal claims;
(b)
Correct, rescind, or rescind and reissue a Notice of Closure previously issued;
or
(c) Reduce permanent total
disability to permanent partial disability.
(12)
"Reconsideration" means
review by the director of an insurer's Notice of Closure.
(13)
"Statutory closure date"
means the date the claim satisfies the criteria for closure under ORS
656.268(1)(b) and
(c).
(14)
"Statutory appeal period"
means the time frame for appealing a Notice of Closure or Order on
Reconsideration.
(15)
"Work
disability," for purposes of determining permanent disability, means the
separate factoring of impairment as modified by age, education, and
adaptability to perform the job at which the worker was injured.
Notes
Statutory/Other Authority: ORS 656.268 & 656.726
Statutes/Other Implemented: ORS 656.268, 656.726 & 656.005
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