SUMMARY
This chapter discusses the means by which liability is assigned between two or more employers or insurers when successive injuries or periods of employment have caused or contributed to a claimant’s compensable condition. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 13
RESPONSIBILITY
Alana C. DiCicco
Nathan Boughton
§ 13.1 INTRODUCTION
§ 13.1-1 History and General Concepts
§ 13.1-2 Compensability versus Responsibility
§ 13.1-2(a) Generally
§ 13.1-2(b) Actual Causation
§ 13.1-2(c) Invoking the Rule of Proof
§ 13.2 RESPONSIBILITY DISPUTES GOVERNED BY ORS 656.308
§ 13.2-1 Generally
§ 13.2-2 Preconditions for Application of ORS 656.308
§ 13.2-2(a) Generally
§ 13.2-2(b) Previously Accepted Claim
§ 13.2-2(c) Involving the Same Condition
§ 13.2-2(d) New Compensable Injury
§ 13.2-3 Effect of Assigning Responsibility under ORS 656.308(1)
§ 13.3 RESPONSIBILITY DISPUTES NOT GOVERNED BY ORS 656.308
§ 13.3-1 Introduction
§ 13.3-2 Is the Condition Compensable?
§ 13.3-3 Designating a Presumptively Responsible Employer or Insurer
§ 13.3-3(a) Employer Must Be Subject to Oregon’s Jurisdiction
§ 13.3-3(b) Treatment
§ 13.3-4 Defenses Available to Presumptively Responsible Employer or Insurer
§ 13.3-4(a) Prior Employer or Injury Is Sole Cause
§ 13.3-4(b) Impossibility
§ 13.3-4(c) Subsequent Employment or Injury Contributed
§ 13.3-5 Defenses when Claimant Does Not Rely on Rule of Proof
§ 13.3-6 The Kearns Presumption
§ 13.3-7 Consequential Conditions
§ 13.4 PROCEDURAL RULES GOVERNING RESPONSIBILITY DISPUTES
§ 13.4-1 Generally
§ 13.4-2 Designation of Paying Agent
§ 13.4-2(a) When 307 Order Will Be Issued
§ 13.4-2(b) Effect of 307 Order
§ 13.4-2(c) Monetary Adjustments
§ 13.4-3 Disputing Responsibility
§ 13.4-4 Joinder
§ 13.4-5 Responsibility Litigation
§ 13.4-5(a) Hearings and Administrative Law Judge Oversight
§ 13.4-5(b) Mediation and Arbitration Generally
§ 13.4-5(c) Mediation
§ 13.4-5(d) Arbitration
§ 13.4-5(e) Representation
§ 13.4-5(f) Effect of Hearings
§ 13.4-5(g) Who May Serve as Mediator or Arbitrator
§ 13.4-6 Attorney Fees
§ 13.4-6(a) Attorney Fees at Hearing
§ 13.4-6(b) Attorney Fees at Mediation or Arbitration
§ 13.4-7 Motion to Dismiss
§ 13.5 DUAL AND JOINT EMPLOYMENT
§ 13.6 OUT-OF-STATE AND NONSUBJECT EMPLOYMENT
§ 13.6-1 Generally
§ 13.6-2 Prior Out-of-State Injuries or Exposures
§ 13.6-3 Subsequent Out-of-State or Nonsubject Injuries or Exposures