Or. Admin. Code § 436-140-0005 - Definitions
For the purpose of these rules, unless the context requires otherwise:
(1) "Alternative dispute
resolution system" means a process that exists outside the normal Workers'
Compensation system to settle disputes arising from a workers' compensation
claim.
(2) "Arbitration" means the
hearing and determination of a case in controversy by an arbiter.
(3) "Collective bargaining representative"
means a person who represents a union.
(4) "Construction carve-out program" means a
program established pursuant to ORS
656.170 and
656.172 for either an
alternative dispute resolution system or use of a list of medical service
providers, or both, which the director has approved and for which eligibility
has been established under these rules.
(5) "Director" means the Director of the
Department of Consumer and Business Services, or the director's delegate for
the matter.
(6) "Division" means
the Workers' Compensation Division of the Department of Consumer and Business
Services.
(7) "Employer" is limited
to a private employer, or group of employers, engaged in construction;
construction maintenance; or activities limited to rock, sand, gravel, cement
and asphalt operations; heavy duty mechanics; surveying; or construction
inspection.
(8) "Employee" is
limited to an employee of an employer defined by section (7) of this
rule.
(9) "Insurer" includes
"insurer," "guaranty contract insurer," and "self-insured employer" as defined
by ORS 656.005.
(10) "Letter of eligibility" means a letter
issued by the director under ORS
656.172(4)
indicating that eligibility to participate in a construction carve-out program
has been established under ORS
656.170 and ORS
656.172.
(11) "Mediation" means the act or process of
intervening between conflicting parties to promote reconciliation, settlement,
or compromise.
(12) "Plan
administrator" means the person responsible for administering the Construction
Carve-Out Program.
(13) "Union"
means a collective bargaining union that is recognized or certified as the
exclusive bargaining representative of employees for an employer or group of
employers.
Notes
Stat. Auth.: ORS 656.726(4) & ORS 656.174
Stats. Implemented: ORS 656.170, ORS 656.172 & ORS 656.174
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