For claims having a date of injury prior to January 1, 2005,
which involve unscheduled body parts, areas, or systems as defined by OAR
436-035-0005, and all claims
with dates of injury on or after January 1, 2005, an award of permanent partial
disability is subject to periodic examination and adjustment under ORS
656.268 and
656.325 and in accordance with
the following conditions:
(1) Requests
for review and adjustment must be made in writing to the division.
(2) The party requesting review of permanent
disability must send a copy of the request to all involved parties at the time
the request is made. The worker may submit any information in
rebuttal.
(3) All pertinent
medical, vocational, and other applicable evidence must be submitted with the
request, including sufficient information to determine the extent of permanent
partial disability. The request must state the basis for the request and
provide supporting evidence. If the director finds that the worker has failed
to accept treatment as provided in this rule, the director will make any
necessary adjustments allowed under OAR
436-035.
(4) The basis for the request for adjustment
in the permanent disability award must be asserted to be failure of the worker
to make a reasonable effort to reduce the disability.
Notes
Or. Admin. Code §
436-030-0066
WCD 5-1990(Temp), f.
6-18-90, cert. ef. 7-1-90; WCD 31-1990, f. 12-10-90, cert. ef. 12-26-90; WCD
12-1994, f. 11-18-94, cert. ef. 1-1-95; WCD 8-1996, f. 2-14-96, cert. ef.
2-17-96; WCD 17-1997, f. 12-22-97, cert. ef. 1-15-98; WCD 9-2000, f. 11-13-00,
cert. ef. 1-1-01; WCD 2-2004, f. 2-19-04 cert. ef. 2-29-04; WCD 9-2004, f.
10-26-04, cert. ef. 1-1-05;
WCD
3-2020, amend filed 02/07/2020, effective
3/1/2020
Statutory/Other Authority: ORS
656.268,
656.726, OL Ch. 332 1995 &
OL Ch. 313 1999
Statutes/Other Implemented: ORS
656.268,
656.726, OL Ch. 332 1995, OL Ch.
313 1999, 656.325 & 656.331
