Or. Admin. Code § 436-060-0005 - Definitions
Unless a term is specifically defined elsewhere in these rules or the context otherwise requires, the definitions of ORS chapter 656 are hereby incorporated by reference and made a part of these rules. For the purpose of these rules unless the context requires otherwise:
(1)
"Aggravation " means an
actual worsening of the compensable conditions after the last award or
arrangement of compensation that satisfies the requirements of ORS
656.273.
(2)
"Authorized nurse
practitioner " means a nurse practitioner authorized to provide
compensable medical services under ORS
656.245 and OAR
436-010.
(3)
"Board "
means the Workers' Compensation Board and includes its Hearings
Division .
(4)
"Business
days " means Monday through Friday, excluding legal holidays. Legal
holidays are those listed in ORS
187.010 and
187.020.
(5)
"Date stamp " means to stamp
or display the initial receipt date and the recipient's name on a paper or
electronic document, regardless of whether the document is printed or displayed
electronically.
(6)
"Dependent " means any of the individuals listed under ORS
656.005(10)
who, at the time of an accident, depended in whole or in part for support on
the earnings of a worker who dies as a result of an injury.
(7)
"Designated paying agent "
means the insurer temporarily ordered responsible to pay compensation for a
compensable injury under ORS
656.307.
(8)
"Director " means the
director of the Department of Consumer and Business Services or the director 's
designee.
(9)
"Disposition " or "claim disposition " means the
written agreement to release rights or obligations under ORS
656.236.
(10)
"Division " means the
Workers' Compensation Division of the Department of Consumer and Business
Services.
(11)
"Employer " means a subject employer under ORS
656.023.
(12)
"Inpatient " means a worker
who is admitted to a hospital before and extending past midnight for treatment
and lodging.
(13)
"Insurer " means the State Accident Insurance Fund Corporation; an
insurer authorized under ORS chapter 731 to transact workers' compensation
insurance in Oregon; or an employer or employer group certified under ORS
656.430 that meets the
qualifications of a self-insured employer under ORS
656.407.
(14)
"Mailing date ," unless
otherwise specified, means:
(a) The date a
document is postmarked;
(b) The
date automatically produced by electronic transmission (e.g., email or
facsimile);
(c) The date a
hand-delivered document is received by the recipient; or
(d) The date of a phone or in-person request,
when allowed under these rules.
(15)
"Physical rehabilitation
program " means any services provided to a worker to prevent the
compensable injury from causing continuing disability.
(16)
"Regularly employed " means
a worker is receiving a regular wage as defined in section (19) of this rule.
For workers who are paid a daily wage, "regularly employed " means actual
employment or availability for such employment.
(17)
"Service company " means the
contracted agent for an insurer authorized to process claims and make payment
of compensation on behalf of the insurer .
(18)
"Suspension of
compensation " means a period of time where:
(a) No temporary disability, permanent total
disability, or medical and related service benefits accrue or are payable;
and
(b) Vocational assistance and
payment of permanent partial disability benefits will be stayed.
(19)
"Wages " is as
defined in ORS 656.005(27)
and, in these rules, is categorized as either irregular wages or regular wages .
Wages do not include expenses incurred due to the job and reimbursed by the
employer (e.g., meals, lodging, per diem, equipment rental).
(a)
"Irregular wages " means a
variable pay rate at which the service rendered is recompensed under the
contract of hiring in force at the time of the accident, and it includes but is
not limited to:
(A) Tips;
(B) Commissions;
(C) Monies paid on unscheduled or
unpredictable intervals, including, but not limited to, workers who are
seasonally employed, on call, paid hourly at varying hours, or paid by piece
rate; and
(D) The reasonable value
of any in-kind considerations only if the considerations will not continue
during the period of disability.
(b)
"Regular wages " means a
constant and uniform pay rate at which the service rendered is recompensed
under the contract of hiring in force at the time of the accident, and it
includes, but is not limited to, wages paid on a daily or weekly basis. Hourly
wages may be considered regular if the same number of hours are worked each pay
period.
(20)
"Wage
earning agreement " means the verbal or written contract of hiring or
terms of employment made between the worker and employer .
(21)
"Written " means expressed
in writing, including electronic transmission.
Notes
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.726(4) & ORS 656.005
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