Or. Admin. Code § 436-110-0310 - Eligibility and End of Eligibility for the Preferred Worker Program
(1)
Employer
eligibility. The eligibility requirements for the Preferred Worker
Program for an employer, including the employer at injury, except as provided
in OAR 436-110-0345(1)
for employment purchases, are:
(a) The
employer has and maintains Oregon workers' compensation insurance
coverage;
(b) The employer complies
with the Oregon workers' compensation law;
(c) The employer must offer or provide
employment to an eligible preferred worker who is a subject Oregon worker
according to ORS 656.027;
(d) If the employer is a worker leasing
company, it must be licensed with the director under ORS
656.850; and
(e) The employer is not currently ineligible
for preferred worker benefits under OAR
436-110-0900.
(2)
Worker
eligibility. The eligibility requirements for a worker for the Preferred
Worker Program are:
(a) The worker has an
accepted disabling Oregon compensable injury or occupational disease. Adults in
custody eligible for benefits under ORS
655.505 to
655.555 and OAR 125-160 are not
eligible;
(b) The worker will not
be able to return to regular work, as indicated by medical evidence and due to
injury-caused restrictions, under any claim opening;
(c) Medical documentation indicates permanent
restrictions exist as a result of the injury or disease, whether or not an
order has been issued awarding permanent disability;
(d) The worker is authorized to work in the
United States; and
(e) The worker
complies with the Oregon workers' compensation law.
(3)
Work experience program
participants, apprentices, and trainees.
(a) Individuals covered under ORS
656.033,
656.046,
656.135, or
656.138, are eligible for the
Preferred Worker Program if they otherwise meet the eligibility requirements in
section (2) of this rule.
(b) For
purposes of the Preferred Worker Program, for individuals covered under ORS
656.033,
656.046,
656.135, or
656.138, the job for which the
individual was being trained is considered regular work.
(4)
Self-employment. A worker
may not use preferred worker benefits for self-employment unless the injury
that gave rise to the worker's eligibility for the Preferred Worker Program
occurred in the course and scope of self-employment. In that case, the worker
may use the benefits to return to the same self-employment or for employment
other than self-employment.
(5)
Ending eligibility. Reasons for ending Preferred Worker Program
eligibility include, but are not limited to, the following:
(a) Misrepresentation or omission of
information by a worker or employer to obtain assistance;
(b) Failure of a worker or employer to
provide requested information or cooperate;
(c) Falsification or alteration of a
preferred worker card or a Preferred Worker Program agreement;
(d) Conviction of fraud in obtaining workers'
compensation benefits;
(e) The
worker no longer meets the eligibility requirements under section (2) of this
rule; or
(f) The employer no longer
meets the eligibility requirements under section (1) of this rule.
(6)
Reinstatement of
eligibility. The director retains the right to reinstate Preferred
Worker Program eligibility if eligibility was ended prematurely or in error, or
if the employer has reinstated or obtained workers' compensation insurance
coverage.
(7)
Redetermination
of eligibility. A worker found ineligible because the worker was not
authorized to work in the United States may request a redetermination of
eligibility after providing the division with documentation that the worker is
authorized to work in the United States.
Notes
Statutory/Other Authority: ORS 656.622 & 656.726(4)
Statutes/Other Implemented: ORS 656.622
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