Chapter 656 — Chapter 656

ORS 656.328 List of authorized providers and standards of professional conduct for providers of independent medical examinations; exclusion; complaints; rules. (1) The Director of the Department of Consumer and Business Services shall maintain a list of providers that are authorized to perform independent medical examinations

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ORS 656.329 [1987 c.884 §33; repealed by 1995 c.94 §1]

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ORS 656.330 [1977 c.868 §2; repealed by 1985 c.660 §2 and 1985 c.770 §5]

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ORS 656.331 Contact, medical examination of worker represented by attorney prohibited without written notice; rules. (1) Notwithstanding any other provision of this chapter, if an injured worker is represented by an attorney and the attorney has given written notice of such representation

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ORS 656.335 [1981 c.723 §7; 1985 c.600 §3; 1985 c.770 §7a; repealed by 1995 c.332 §68]

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ORS 656.340 Vocational assistance procedure; eligibility criteria; service providers; resolution of vocational assistance disputes; rules. (1)(a) The insurer or self-insured employer shall cause vocational assistance to be provided to an injured worker who is eligible for assistance in returning to work

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ORS 656.360 Confidentiality of worker medical and vocational claim records. Insurers and their assigned claims agents shall maintain the confidentiality of worker medical and vocational claim records. Worker medical and vocational claim records may not be disclosed to persons other than the worker unless the disclosure is

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ORS 656.362 Liability for disclosure of worker medical and vocational claim records. (1) A cause of action in the nature of defamation, invasion of privacy or negligence may not arise against

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ORS 656.382 Penalties and attorney fees payable by insurer or employer in processing claim. (1) If an insurer or self-insured employer refuses to pay compensation, costs or attorney fees due under an order of an Administrative Law Judge, the board or the court, or otherwise unreasonably resists the payment of compensation, costs or attorney fees, except as provided in ORS 656.385, the employer or insurer shall pay to the attorney of the claimant a reasonable attorney fee as provided in subsection (2) of this section. To the extent an employer has caused the insurer to be charged such fees, such employer may be charged with those fees

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ORS 656.383 Attorney fees in cases prior to decision or after request for hearing. The claimant’s attorney shall be allowed a reasonable assessed attorney fee if

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ORS 656.384 [Formerly 656.582; 1977 c.290 §4; 1977 c.804 §13; repealed by 1987 c.250 §1]

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ORS 656.385 Attorney fees in cases regarding certain medical service or vocational rehabilitation matters; rules; limitation; penalties. (1) In all cases involving a dispute over compensation benefits pursuant to ORS 656.245, 656.247, 656.260, 656.327 or 656.340, where a claimant finally prevails after a proceeding has commenced, the Director of the Department of Consumer and Business Services, the Administrative Law Judge or the court shall require the insurer or self-insured employer to pay a reasonable attorney fee to the claimant’s attorney. In such cases, where an attorney is instrumental in obtaining a settlement of the dispute prior to a decision by the director, an Administrative Law Judge or the court, the director, Administrative Law Judge or court shall require the insurer or self-insured employer to pay a reasonable attorney fee to the claimant’s attorney. The attorney fee must be based on all work the claimant’s attorney has done relative to the proceeding at all levels before the department or court. The attorney fee assessed under this section must be proportionate to the benefit to the injured worker. The director shall adopt rules for establishing the amount of the attorney fee, giving primary consideration to the results achieved and to the time devoted to the case. An attorney fee awarded pursuant to this subsection may not exceed $4,000 absent a showing of extraordinary circumstances. The maximum attorney fee awarded under this subsection shall be adjusted annually on July 1 by the same percentage increase as made to the average weekly wage defined in ORS 656.211, if any

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ORS 656.386 Recovery of attorney fees, expenses and costs in appeal on denied claim; attorney fees in other cases. (1)(a) In all cases involving denied claims where a claimant finally prevails against the denial in an appeal to the Court of Appeals or petition for review to the Supreme Court, the court shall allow a reasonable attorney fee to the claimant’s attorney. In such cases involving denied claims where the claimant prevails finally in a hearing before an Administrative Law Judge or in a review by the Workers’ Compensation Board, then the Administrative Law Judge or board shall allow a reasonable attorney fee. In such cases involving denied claims where an attorney is instrumental in obtaining a rescission of the denial prior to a decision by the Administrative Law Judge, a reasonable attorney fee shall be allowed

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ORS 656.388 Approval of attorney fees required; lien for fees; fee schedule; adjustment; report of legal service costs. (1) No claim or payment for legal services by an attorney representing the worker or for any other services rendered before an Administrative Law Judge or the Workers’ Compensation Board, as the case may be, in respect to any claim or award for compensation to or on account of any person, shall be valid unless approved by the Administrative Law Judge or board, or if proceedings on appeal from the order of the board with respect to such claim or award are had before any court, unless approved by such court. In cases in which a claimant finally prevails after remand from the Supreme Court, Court of Appeals or board, then the Administrative Law Judge, board or appellate court shall approve or allow a reasonable attorney fee for services before every prior forum as authorized under ORS 656.307 (5), 656.308 (2), 656.382 or 656.386. No attorney fees shall be approved or allowed for representation of the claimant before the managed care organization

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ORS 656.390 Frivolous appeals, hearing requests or motions; expenses and attorney fee. (1) Notwithstanding ORS 656.236, if either party requests a hearing before the Hearings Division, requests review of an Administrative Law Judge’s decision before the Workers’ Compensation Board, appeals for review of the claim to the Court of Appeals or to the Supreme Court, or files a motion for reconsideration of the decision of the Court of Appeals or the Supreme Court, and the Administrative Law Judge, board or court finds that the appeal or motion for reconsideration was frivolous or was filed in bad faith or for the purpose of harassment, the Administrative Law Judge, board or court may impose an appropriate sanction upon the attorney who filed the request for hearing, request for review, appeal or motion. The sanction may include an order to pay to the other party the amount of the reasonable expenses incurred by reason of the request for hearing, request for review, appeal or motion, including a reasonable attorney fee

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ORS 656.401 [1965 c.285 §74; 1967 c.359 §699; repealed by 1975 c.556 §25 (656.403 enacted in lieu of 656.401)]

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ORS 656.402 [Renumbered 656.712]

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ORS 656.403 (1) A self-insured employer directly assumes the responsibility for providing compensation due subject workers and their beneficiaries under this chapter

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ORS 656.404 [Repealed by 1959 c.449 §5]

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ORS 656.405 [1965 c.285 §75(1); 1967 c.359 §700; repealed by 1975 c.556 §54]

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ORS 656.406 [Renumbered 656.714]

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ORS 656.407 Qualifications of insured employers. (1) An employer shall establish proof with the Director of the Department of Consumer and Business Services that the employer is qualified either

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ORS 656.408 [Renumbered 656.716]

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ORS 656.409 [1965 c.285 §75(2),(3); repealed by 1975 c.556 §54]

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ORS 656.410 [Amended by 1965 c.285 §54; renumbered 656.726]

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ORS 656.411 [1975 c.556 §28; 1979 c.348 §1; repealed by 1981 c.854 §1]

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ORS 656.412 [Amended by 1965 c.285 §52; renumbered 656.732]

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ORS 656.413 [1965 c.285 §76(1),(2); repealed by 1975 c.556 §54]

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ORS 656.414 [Renumbered 656.718]

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ORS 656.415 [1975 c.556 §30; repealed by 1981 c.854 §1]

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ORS 656.416 [Amended by 1965 c.285 §53; renumbered 656.722]

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ORS 656.417 [1965 c.285 §76 (3),(8); 1967 c.341 §6; repealed by 1975 c.556 §54]

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ORS 656.418 [Repealed by 1965 c.285 §95]

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ORS 656.419 Workers’ compensation insurance contracts. (1) A workers’ compensation insurance policy issued by an insurer under this section shall provide that the insurer agrees to assume, without monetary limit, the liability of the employer, arising during the period the policy is in effect, for prompt payment of all compensation for compensable injuries that may become due under this chapter to subject workers and their beneficiaries

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ORS 656.420 [Renumbered 656.758]

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ORS 656.421 [1965 c.285 §76(4),(5),(6),(7); repealed by 1975 c.556 §54]

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ORS 656.422 [Amended by 1959 c.450 §5; repealed by 1965 c.285 §95]

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ORS 656.423 Cancellation of coverage by employer; notice required. (1) An insured employer may cancel coverage with the insurer by giving the insurer at least 30 days’ written notice, unless a shorter period is permitted by subsection (3) of this section

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ORS 656.424 [Renumbered 656.734]

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ORS 656.425 [1965 c.285 §76a; repealed by 1975 c.556 §54]

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ORS 656.426 [Amended by 1965 c.285 §68b; renumbered 656.702]

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ORS 656.427 Termination of workers’ compensation insurance contract or surety bond liability by insurer. (1) An insurer that issues a workers’ compensation insurance policy or surety bond to an employer under this chapter may cancel the policy or surety bond prior to the expiration date of the policy or surety bond by giving the employer and the Director of the Department of Consumer and Business Services notice of cancellation in accordance with rules adopted by the director. Notice required under this section must be provided to the director within 10 calendar days after the effective date of the cancellation provided in the notice given to the employer

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ORS 656.428 [Amended by 1957 c.440 §3; repealed by 1965 c.285 §95]

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ORS 656.429 [1965 c.285 §77; repealed by 1975 c.556 §54]

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ORS 656.430 Certification of self-insured employer; employer groups; insurance policy requirements; revocation of certification; rules. (1) Upon determining that an employer has qualified as a self-insured employer under ORS 656.407, the Director of the Department of Consumer and Business Services shall issue a certificate to that effect to the employer

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ORS 656.431 [1965 c.285 §78; 1973 c.620 §6; repealed by 1975 c.556 §54]

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ORS 656.432 [1977 c.659 §2; 1979 c.815 §8; repealed by 1981 c.854 §1]

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ORS 656.434 Certification effective until canceled or revoked; revocation of certificate. (1) A certification issued under ORS 656.430 remains in effect until

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ORS 656.440 Notice of certificate revocation; appeal; effective date. (1) Before revocation of certification under ORS 656.434 becomes effective, the Director of the Department of Consumer and Business Services shall give the employer notice that the certification will be revoked stating the grounds for the revocation. The notice shall be served on the employer in the manner provided by ORS 656.427 (4). The revocation shall become effective within 10 days after receipt of such notice by the employer unless within such period of time the employer corrects the grounds for the revocation or appeals in writing to the director. The director shall refer the request for hearing to the Workers’ Compensation Board for a hearing before an Administrative Law Judge

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ORS 656.441 Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by certain decertified self-insured employer groups. (1) Notwithstanding ORS 656.605, if a self-insured employer group is decertified no later than September 15, 2014, the Director of the Department of Consumer and Business Services may advance funds from the Workers’ Benefit Fund to injured workers who have not received payment of compensation due after the common claims fund and securities deposited with the director are exhausted

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