SUMMARY
This chapter focuses on practice and procedure in contested-cases hearings under the Oregon Workers’ Compensation Law. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 19
HEARINGS
Monte Marshall
Jill Riechers
Holly J. Somers
§ 19.1 SCOPE OF CHAPTER
§ 19.2 ORGANIZATION AND FUNCTION OF THE HEARINGS DIVISION
§ 19.3 PARTIES TO WORKERS’ COMPENSATION CASES
§ 19.4 REQUESTS FOR HEARING
§ 19.4-1 Subject-Matter Jurisdiction of the Hearings Division
§ 19.4-2 Limitations on the General Right to Request a Hearing
§ 19.4-2(a) Denied Claims
§ 19.4-2(b) Failure to Process Claim Correctly
§ 19.4-2(c) Deficient Notice of Acceptance; New or Omitted Condition
§ 19.4-2(d) Claim Closures
§ 19.4-2(e) Employer’s or Insurer’s Refusal to Close
§ 19.4-2(f) Vocational-Assistance Matters
§ 19.4-2(g) Disputes Regarding Medical Services
§ 19.4-3 Manner of Requesting a Hearing
§ 19.4-4 Timing and Venue for Hearings
§ 19.5 TYPES OF HEARINGS
§ 19.5-1 “Ordinary” Cases
§ 19.5-2 Expedited Claim Service
§ 19.5-3 Medical or Financial Hardship
§ 19.5-4 Premature Termination of Compensation for Temporary Disability
§ 19.5-5 Responsibility Disputes
§ 19.5-6 Hearings on Worker Subjectivity
§ 19.6 PREHEARING CONFERENCES
§ 19.7 SPECIFICATION OF ISSUES AND RESPONSE
§ 19.8 CONSOLIDATION OF HEARING REQUESTS AND JOINDER OF ADDITIONAL PARTIES
§ 19.8-1 Consolidation
§ 19.8-2 Joinder
§ 19.9 POSTPONEMENTS AND CONTINUANCES
§ 19.9-1 Postponements
§ 19.9-2 Continuances
§ 19.10 DEFERRED HEARINGS
§ 19.11 OTHER PREHEARING MATTERS
§ 19.11-1 Change of Administrative Law Judge
§ 19.11-2 Failure of Party to Pursue or to Appear at Hearing
§ 19.11-3 Motion Practice
§ 19.12 EVIDENCE
§ 19.12-1 Prehearing Disclosure of Evidence Required
§ 19.12-1(a) Disclosure of Documents
§ 19.12-1(b) Exchange and Admission of Exhibits
§ 19.12-1(c) Disclosure of Expert Witnesses
§ 19.12-1(d) Exception for Impeachment Evidence
§ 19.12-2 Burdens of Persuasion
§ 19.12-2(a) In General—Preponderance of the Evidence
§ 19.12-2(b) Clear and Convincing Evidence in Certain Cases
§ 19.12-3 Manner of Presenting Evidence
§ 19.12-3(a) Documents
§ 19.12-3(b) Testimony at Hearings
§ 19.12-3(c) Testimony by Deposition
§ 19.12-3(d) Subpoena and Protection of Witnesses
§ 19.13 MISCELLANEOUS HEARING MATTERS
§ 19.13-1 Security for Hearings
§ 19.13-2 Official Recording of Hearings
§ 19.13-3 Unofficial Recording of Hearings
§ 19.13-4 Interpreters
§ 19.14 ADMINISTRATIVE LAW JUDGE’S DECISION AND SUBSEQUENT MATTERS
§ 19.14-1 Opinion and Order
§ 19.14-2 Reconsideration
§ 19.14-3 Right of Review