Or. Admin. Code § 436-140-0020 - Alternative Dispute Resolution
(1)
A construction carve-out program may establish and operate an alternative
dispute resolution system governing disputes between employees, employers, and
their insurers. Any such system may include, but not be limited to:
(a) Limitations on the liability of the
employer while determinations regarding the compensability of an injury are
being made;
(b) A method for
resolving disputes involving compensability of injuries and the amount of
compensation due for a compensable injury, medical services, and legal
services;
(c) A method for payment
of compensation for injuries incurred under the collective bargaining
agreement, when the worker is no longer subject to the agreement; or
(d) Arbitration and mediation
procedures.
(2) If a
construction carve-out program establishes an alternative dispute resolution
system, a dispute to which that system applies shall first be processed through
that system before it is brought before another forum.
(3) The plan administrator shall provide a
written summary of the alternative dispute resolution system process to all
parties to a dispute, or upon request. The written summary shall include at
least the following:
(a) The title, address,
and telephone number of a contact person for the alternative dispute resolution
system process;
(b) The types of
disputes to which the alternative dispute resolution system will apply and the
types of disputes, if any, to which the dispute resolution processes provided
by ORS chapter 656, OAR chapter 436, and/or OAR chapter 438 will
apply;
(c) A description of the
procedures and time frames at each level of the alternative dispute resolution
system process; and
(d) A statement
of the right of an aggrieved party to request review by the Workers'
Compensation Board, and reference to the applicable Board rules, after
completion of the alternative dispute resolution system process.
(4) Written notification must be
provided to all parties, including the worker's attorney if the worker is
represented, when the alternative dispute resolution system receives a dispute
for resolution and when the dispute resolution system issues any decision in
that dispute. The notice shall inform the parties of the status of the dispute,
and of the next level of the dispute resolution process.
(5) The time frame for resolution of a
dispute by the alternative dispute resolution system, from date of receipt of a
dispute until agreement or completion of the highest level of the system,
including issuance of a final decision, shall not exceed 180 days without
approval of all parties.
(6) The
director may, at any time and/or upon request, issue an order to further the
dispute resolution system process.
(7) The alternative dispute resolution system
shall develop a record sufficient for any party to appeal a decision by the
alternative dispute resolution system.
(8) An aggrieved party to any decision, order
or award of compensation issued under the alternative dispute resolution system
may request review by the Workers' Compensation Board in accordance with
chapter 656 and OAR chapter 438 after completion of the alternative dispute
resolution system.
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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