SUMMARY
This chapter discusses the power and jurisdiction of the Workers’ Compensation Board to modify, change, or terminate former findings, orders, or awards on its own motion. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 24
BOARD’S OWN-MOTION JURISDICTION
Van B. Quan
§ 24.1 GENERAL PRINCIPLES AND JURISDICTION
§ 24.1-1 Statutory Basis; Administrative Rules; Board’s Website
§ 24.1-1(a) Statutory Basis
§ 24.1-1(b) Administrative Rules
§ 24.1-1(c) Board’s Website
§ 24.1-2 Jurisdiction Limited to “Post-Aggravation Rights” Claims
§ 24.1-2(a) “Post-Aggravation Rights” Claims—Jurisdiction
§ 24.1-2(b) Application of ORS 656.278(3)
§ 24.1-3 Three Types of “Post-Aggravation Rights” Claims
§ 24.1-4 “Pre-1966 Injury” Medical-Service Claims
§ 24.1-5 Enforcement of Board’s Own-Motion Orders
§ 24.1-6 Restrictions on Board’s Own-Motion Authority
§ 24.1-6(a) Previous Settlements and Noncompensability Findings
§ 24.1-6(b) Exhaustion of Alternative Remedies
§ 24.1-6(c) No Jurisdiction over Reimbursement from Reopened Claims Program
§ 24.1-6(d) No Jurisdiction to Suspend Temporary Disability
§ 24.1-7 Jurisdiction before January 1, 2006
§ 24.1-8 Jurisdiction Commencing January 1, 2006
§ 24.2 ELEMENTS OF OWN-MOTION CLAIMS
§ 24.2-1 Worsened-Condition Claim
§ 24.2-1(a) Claim
§ 24.2-1(b) “Determined to Be Compensable”
§ 24.2-1(c) Inability to Work
§ 24.2-1(d) Medical Treatment
§ 24.2-1(e) Workforce
§ 24.2-2 “Post-Aggravation Rights” New or Omitted Medical-Condition Claim
§ 24.2-2(a) Claim
§ 24.2-2(b) “Determined to Be Compensable”
§ 24.2-2(c) No Other Requirements for Reopening
§ 24.2-3 “Pre-1966 Injury” Medical-Service Claim
§ 24.3 BENEFITS
§ 24.3-1 Interim Compensation—Not Required
§ 24.3-2 Vocational Services—Not Available
§ 24.3-3 Medical Services for “Pre-1966 Injury” Claims
§ 24.3-4 Temporary Disability Benefits
§ 24.3-5 Permanent Disability Benefits—Available Only for “Post-Aggravation Rights” New or Omitted Medical Conditions
§ 24.4 CLAIM PROCESSING
§ 24.4-1 Processing the Own-Motion Claim
§ 24.4-1(a) 30-Day Processing Period for “Worsened Condition” and “Post-Aggravation Rights” New or Omitted Medical-Condition Claims
§ 24.4-1(b) 60-Day Processing Period for “Pre-1966 Injury” Medical-Condition Claims
§ 24.4-1(c) Voluntary Reopening
§ 24.4-1(d) Insurer’s Recommendation for or against Reopening of a Claim
§ 24.4-2 Board’s Own-Motion Order/Referral for Fact-Finding Hearing/Provisional Reopening
§ 24.4-3 Consent to Designation of a Paying Agent in Own-Motion Claim
§ 24.4-4 Processing the Reopened Own-Motion Claim
§ 24.4-4(a) Entitlement to Temporary Disability Benefits
§ 24.4-4(b) Payment of Temporary Disability Benefits
§ 24.4-5 Closing the Claim
§ 24.4-5(a) Notice of Closure
§ 24.4-5(b) Medically Stationary/Premature Closure
§ 24.4-5(c) Permanent Partial Disability
§ 24.4-5(c)(1) Director’s Standards
§ 24.4-5(c)(2) ORS 656.278(2)(d) Limitation
§ 24.4-5(c)(3) Payment of Permanent Disability Benefits
§ 24.4-5(c)(4) “Offset”
§ 24.4-5(d) Permanent Total Disability
§ 24.4-5(e) Request for Board Review of Insurer’s Closure
§ 24.4-6 Board Review of Insurer’s Closure
§ 24.4-6(a) Medical Arbiter Evaluation
§ 24.4-6(b) Board Order Reviewing Insurer’s Closure
§ 24.5 ATTORNEY FEES, PENALTIES, AND PENALTY-RELATED ATTORNEY FEES
§ 24.5-1 “Out-of-Compensation” Attorney Fees
§ 24.5-2 Assessed Attorney Fees
§ 24.5-3 Penalties and Penalty-Related Attorney Fees
§ 24.6 RECONSIDERATION AND APPEAL
§ 24.6-1 Reconsideration
§ 24.6-2 Appeal
§ 24.6-2(a) Perfecting the Appeal
§ 24.6-2(b) Limitations on Appeal
§ 24.6-2(b)(1) Procedural Limits
§ 24.6-2(b)(2) No Substantive Limits