Oregon Administrative Code

436-060-0147 Worker Requested Medical Examination (1) Eligibility. The worker is eligible for a worker requested medical examination if: (a) The worker has made a timely request for a board hearing on a denial of compensability; (b) The denial is based on one or more independent …

436-060-0150 Timely Payment of Compensation (1) General. Benefits are considered paid when addressed to the last known address of the worker or beneficiary and deposited in the U.S. Mail, or when funds are transferred to a financial institution for deposit in the worker’s or bene…

436-060-0153 Electronic Payment of Compensation (1) General. Benefits may be paid through a direct deposit system, automated teller machine card or debit card, or other means of electronic transfer if the worker voluntarily consents. (a) Except as provided under (1)(c) of this ru…

436-060-0155 Penalty to Worker for Untimely Processing (1) General. If the insurer unreasonably delays or unreasonably refuses to pay compensation, attorney fees or costs, or unreasonably delays acceptance or denial of a claim: (a) The director may require the insurer to pay: (A)…

436-060-0160 Use of Sight Draft to Pay Compensation Prohibited Insurers may not use a sight draft to pay any benefits or payments due a worker or beneficiary under ORS chapter 656. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.726(4) History: WCD 6…

436-060-0170 Recovery of Overpayment of Benefits (1) Benefits paid a worker. An insurer may recover overpayment of benefits paid to a worker as specified by ORS 656.268(12), (13), (14), and (16), unless authority is granted by an administrative law judge or the board. (2) Benefit…

436-060-0180 Designation and Responsibility of a Paying Agent (1) For the purpose of this rule: (a) "Compensable injury" means an accidental injury or damage to a prosthetic appliance, or an occupational disease arising out of and in the course of employment with any Oregon emplo…

436-060-0190 Monetary Adjustments among Parties and Department of Consumer and Business Services (1) General. An order of the director under ORS 656.307 and OAR 436-060-0180 applies only to the period before the order of the administrative law judge determining the responsible pa…

436-060-0195 Miscellaneous Monetary Adjustments Among Insurers (1) General. The director may order monetary adjustments between insurers when a worker has a right to compensation, but there is a dispute between insurers that does not fall under the director’s authority in ORS 656…

436-060-0200 Assessment of Civil Penalties (1) Penalties for inducing failure to report claims. The director will assess a civil penalty under ORS 656.745(1) against an employer or insurer that intentionally or repeatedly induces workers to fail to report accidental injuries, cau…

436-060-0400 Penalty and Attorney Fee for Untimely Payment of Disputed Claims Settlement (1) Right to request penalties and attorney fees. If the insurer fails to pay amounts due on a disputed claims settlement within five business days of receipt of notice from the worker that t…

436-060-0500 Reimbursement of Supplemental Disability for Workers with Multiple Jobs at the Time of Injury (1) General. When an insurer elects to pay supplemental disability due a worker with multiple jobs at the time of injury, the director will reimburse the supplemental amount…

436-060-0510 Reimbursement of Permanent Total Disability Benefits from the Workers’ Benefit Fund (1) General. The insurer may request reimbursement of permanent total disability benefits paid after the date of the notice of closure under ORS 656.206(6)(a). (2) Requirements for re…

436-070-0003 Purpose and Applicability (1) Purpose. These rules prescribe the rate of the Workers’ Benefit Fund assessment under ORS 656.506 effective Jan. 1, 2026, the method and manner for calculating the assessment rate, and the method and manner in which employers are to pay …

436-070-0005 Definitions Unless a term is defined elsewhere in these rules, the definitions of ORS chapter 656 are incorporated by reference and made a part of these rules. For the purpose of these rules, unless the context requires otherwise: (1) "Assessments" means the funds du…

436-070-0008 Administrative Review (1) Request for hearing on proposed sanctions or civil penalties. Any employer that disagrees with a proposed order, or proposed assessment of civil penalty, of the director under ORS 656.745, may request a hearing by the board. To request a hea…

436-070-0010 Assessment Rate: Method and Manner of Determining (1) The assessment owed by an employer under this rule division and ORS 656.506 must be calculated using the method in OAR 436-070-0020 and based on a rate of 1.8 cents per hour. (2) Factors considered by the director…

436-070-0020 Assessments: Manner and Intervals for Filing and Payment (1) Each pay period, an employer must retain from the moneys earned by each employee an amount equal to one-half (1/2) the assessment rate under OAR 436-070-0010 multiplied by the number of hours or parts of an…

436-070-0040 Monitoring/Auditing (1) Employers must maintain payroll and employment records that reflect the total hours worked by all employees for the current calendar year plus three prior calendar years. (2) Under ORS 656.726, the director may inspect the books, records and p…

436-070-0050 Assessment of Civil Penalties The director may assess a civil penalty under ORS 656.745(2) against an employer that does not comply with ORS chapter 656, OAR 436-070, or an order of the director. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: O…

436-075-0003 Applicability of Rules (1) These rules apply to all requests for reimbursement from the Retroactive Program involving benefits payable under: (a) ORS 656.204 Death; (b) ORS 656.206 Permanent Total Disability; (c) ORS 656.208 Death During Permanent Total Disability; a…

436-075-0005 Definitions Unless a term is specifically defined elsewhere in these rules or the context otherwise requires, the definitions of ORS chapter 656 are hereby incorporated by reference and made a part of these rules. For the purposes of these rules, unless the context r…

436-075-0008 Administrative Review (1) Any party aggrieved by a proposed order or proposed assessment of civil penalty issued under ORS 656.745 may request a hearing by the Hearings Division of the Workers’ Compensation Board under ORS 656.740. To request a hearing the party, or …

436-075-0010 Criteria for Eligibility (1) The department will issue a bulletin to notify all insurers of changes in the Retroactive Program benefit levels whenever the director determines a change is necessary under ORS 656.506(7). (2) Eligibility for Retroactive Program benefits…

436-075-0020 Death Benefit (1) Death benefits must be paid to eligible beneficiaries under ORS 656.204, OAR 436-060-0075, and the benefit schedules in the Retroactive Program bulletin. (2) The statutory death benefit for injuries occurring from July 1, 1973 through April 1, 1974 …

436-075-0030 Permanent Total Disability Benefit (1) Permanent total disability benefits must be paid under ORS 656.206 and the benefit schedules in the Retroactive Program bulletin. (2) Benefits payable for a partial month must be calculated by dividing the monthly benefit by the…

436-075-0040 Death During Permanent Total Disability (1) If the injured worker dies during the period of permanent total disability, death benefits must be paid to eligible beneficiaries under ORS 656.208, 656.204, OAR 436-060-0075, and the benefit schedules in the Retroactive Pr…

436-075-0050 Temporary Total Disability (1) Temporary total disability benefits must be paid under ORS 656.210, OAR 436-060-0150, and the benefit schedules in the Retroactive Program bulletin. (2) The computation of benefits under these rules and the Retroactive Program bulletin …

436-075-0065 Dispositions (1) Any disposition of the claim by the parties under ORS 656.236, or settlement of the claim under ORS 656.289, is not eligible for reimbursement from the Retroactive Program unless it is approved by the director before it is submitted to the Workers’ C…

436-075-0070 Reimbursement (1) Reimbursement from the Retroactive Program will be authorized by the Workers’ Compensation Division on a quarterly basis. (2) Requests for reimbursement must be mailed or delivered to the Workers’ Compensation Division within 30 days after the end o…

436-075-0090 Third Party Recovery (1) In a third party recovery, previously reimbursed Retroactive Program benefits are a portion of the paying agency’s lien. (2) When the insurer learns of third-party settlement negotiations on any claim for which it has received reimbursement f…

436-075-0100 Assessment of Civil Penalties Under ORS 656.745 the director may assess a civil penalty against an insurer for failure to comply with these rules. Penalty orders will be issued under ORS 656.447 and 656.704 and are subject to review under OAR 436-075-0008. Statutory/…

436-080-0003 Applicabililty and Purpose of Rules (1) Purpose. These rules carry out the provisions of ORS 656.017, 656.052, 656.054, 656.407, 656.735, and 656.740. (2) Applicability. These rules apply to all orders issued under ORS 656.052, 656.735, or 656.740 on or after the eff…

436-080-0005 Definitions Unless a term is defined in these rules or the context otherwise requires, the definitions of ORS chapter 656 are incorporated by reference and made part of these rules. For the purpose of these rules, unless the context requires otherwise: (1) “Board” me…

436-080-0010 Issuance of Noncomplying Employer Order; Requests for Hearing (1) Issuance of noncomplying employer order. If the director determines that a person has engaged as a subject employer without qualifying as a carrier-insured employer or a self-insured employer as provid…

436-080-0040 Assessment of Civil Penalties Against Noncomplying Employer (1) Calculation of premium amounts. For the purpose of this rule, “premium for the period of noncompliance” means the estimated premium the employer would have paid during the period of noncompliance if work…

436-080-0060 When a Worker Files a Claim for an Injury (1) Referral of claim to assigned claims agent. If a worker files a claim for an injury sustained while the worker was employed by a noncomplying employer, the director will: (a) Refer the claim, with a copy of the noncomplyi…

436-080-0065 Determination of Assigned Claims Agent (1) When selecting an assigned claims agent, the director will consider: (a) Which claims agent can deliver the most timely and appropriate benefits to injured workers and can best control claim costs and administrative costs, b…

436-080-0070 Reimbursement of Assigned Claims Agent for Claims Costs for Injured Workers of Noncomplying Employers (1) Reimbursement of incurred claims costs. The director will reimburse the assigned claims agent for all claims costs the assigned claims agent incurs under ORS 656…

436-080-0080 Collection of Monies Withheld from Subject Workers The director will collect any unremitted monies withheld by a noncomplying employer from subject workers under ORS 656.506, as described under OAR 436-070. Statutory/Other Authority: ORS 656.726 Statutes/Other Implem…

436-085-0003 Purpose and Applicability (1) These rules carry out the workers’ compensation law related to the development and collection of assessments from insurers, self-insured employers, and self-insured employer groups. (2) These rules apply to assessments paid by insurers, …

436-085-0005 Definitions Unless a term is defined elsewhere in these rules, the definitions of ORS chapter 656 are incorporated by reference and made a part of these rules. For the purpose of these rules, unless the context requires otherwise: (1) "Assessable earned premium" mean…

436-085-0008 Administrative Review (1) Any party that disagrees with a proposed order or proposed assessment of civil penalty issued by the director under these rules may request a hearing by the board under ORS 656.740. To request a hearing, the party must: (a) Mail or deliver a…

436-085-0015 Premium Assessment; Determination of Assessable Premium: Insurers (1) For the purpose of these rules, "direct earned premium," as used in ORS 656.612 means "assessable earned premium." (2) Assessable earned premium must be calculated by making the following modificat…

436-085-0025 Premium Assessment; Manner and Intervals for Reporting and Payments: Insurers (1) Insurers must report and pay premium assessments using a completed Form 910, “Workers’ Compensation Insurer Premium Assessment Report.” The report must be signed by the person who prepa…

436-085-0030 Premium Assessment; Manner and Intervals for Payments; Experience Rating Modification Factors: Self-Insured Employers and Self-Insured Employer Groups (1) As used in this rule, the term "self-insured employers" includes self-insured employer groups. (2) Self-insured …

436-085-0035 Audits The director will monitor and conduct periodic audits of insurers, self-insured employers, and self-insured employer groups to ensure compliance with these rules. Statutory/Other Authority: ORS 656.726 Statutes/Other Implemented: ORS 656.726 History: WCD 10-20…

436-085-0060 Assessment of Civil Penalties The director may assess a civil penalty under ORS 656.745(2) against an insurer, self-insured employer, or self-insured employer group that violates ORS chapter 656, OAR 436-085, or an order of the director. Statutory/Other Authority: OR…

436-100-0001 Authority for Rules These rules are promulgated under the Director’s authority contained in ORS 656.726 and 656.727. Statutory/Other Authority: ORS 656 Statutes/Other Implemented: ORS 656.209, 656.726 & ORS 656.727 History: WCD 2-1984, f. & ef. 2-22-84, Renumbered fr…

436-100-0002 Purpose of Rules The purpose of these rules is to establish requirements and procedures for offsetting permanent total disability benefits against social security disability benefits. Statutory/Other Authority: ORS 656.209 & 656.727 Statutes/Other Implemented: ORS 65…