Title 51, Labor and Employment; Unlawful Discrimination

(1) There is established a Workers with Disabilities Program for the benefit of complying employers and their workers. The purpose of the program is to encourage the employment or reemployment of workers with disabilities. (2) As used in this section, “worker with a disability” m…

(1) There is transferred to and continuously appropriated to the Oregon Institute of Occupational Health Sciences of the Oregon Health and Science University, the following amounts from the following sources: (a) The amount of revenue equivalent to one-sixteenth of one cent of th…

(1) The Industrial Accident Fund is continued. This fund shall be held by the State Treasurer and by the State Treasurer deposited in such banks as are authorized to receive deposits of general funds of the state. (2) All moneys received by the State Accident Insurance Fund Corpo…

(1) The Industrial Accident Fund is a trust fund exclusively for the uses and purposes declared in this chapter, except that this provision shall not be deemed to amend or impair the force or effect of any law of this state specifically authorizing the investment of moneys from t…

(1) The State Accident Insurance Fund Corporation may set aside, out of interest and other income received through investment of the Industrial Accident Fund, such part of the income as the State Accident Insurance Fund Corporation considers necessary, which moneys so segregated …

For every case where the State Accident Insurance Fund Corporation must pay an award or benefits for death or permanent total disability or permanent partial disability, the State Accident Insurance Fund Corporation forthwith shall set aside in the Industrial Accident Fund in a r…

The State Accident Insurance Fund Corporation may set aside such other reserves within the Industrial Accident Fund as are deemed necessary. [Formerly 656.468; 1981 c.854 §46] (Other Funds)

(1) There is created a revolving fund known as the Emergency Fund, which shall be deposited and maintained with the State Treasurer in the sum of $200,000. (2) The Emergency Fund shall be disbursed by checks or orders issued by the State Accident Insurance Fund Corporation and dr…

The State Accident Insurance Fund Corporation may, at its discretion, establish and maintain petty cash funds, not exceeding a total of $20,000 for the purpose of making change, refunding fees and premiums and assessments paid in error, the advance of traveling expense to employe…

(1)(a) The records of the State Accident Insurance Fund Corporation are subject to ORS 192.311 to 192.478. (b) Notwithstanding ORS 192.355, the State Accident Insurance Fund Corporation shall make the accident experience records of the corporation available to a bona fide rating …

(1) Actions and orders of the Director of the Department of Consumer and Business Services regarding matters concerning a claim under this chapter, and administrative and judicial review of those matters, are subject to the procedural provisions of this chapter and such procedura…

The Hearings Division is continued within the Workers’ Compensation Board. The division has the responsibility for providing an impartial forum for deciding all cases, disputes and controversies arising under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, all …

(1)(a) The Director of the Department of Consumer and Business Services, with the concurrence of the Governor, shall appoint an ombudsman for injured workers. The ombudsman is under the supervision and control of the director and, with the concurrence of the Governor, the directo…

(1) The Workers’ Compensation Board, composed of five members appointed by the Governor, is created within the Department of Consumer and Business Services. Not more than three members shall belong to one political party and inasmuch as the duties to be performed by the members v…

(1) The Governor may at any time remove any member of the Workers’ Compensation Board for inefficiency, neglect of duty or malfeasance in office. Before such removal the Governor shall give the member a copy of the charges against the member and shall fix the time when the member…

(1) No member of the Workers’ Compensation Board shall hold any other office or position of profit or pursue any other business or vocation or serve on or under any committee of any political party, but shall devote the entire time to the duties of the office of the member. (2) B…

(1) The board chairperson shall supervise and manage the Workers’ Compensation Board and the Hearings Division. The chairperson serves at the pleasure of the Governor and may be removed in accordance with the provisions of ORS 656.714. (2) A majority of the board’s members shall …

Upon request of the Director of the Department of Consumer and Business Services the Attorney General or, under direction of the Attorney General, the district attorney of any county, shall institute or prosecute actions or proceedings for the enforcement of this chapter, when su…

The Workers’ Compensation Board chairperson may employ and terminate the employment of such assistants, experts, field personnel and clerks as may be required in the administration of ORS chapter 654 and this chapter and other duties assigned to the board or the board chairperson…

(1) The Workers’ Compensation Board chairperson, after consultation with the board, shall employ Administrative Law Judges to hold such hearings as may be prescribed by law. An Administrative Law Judge must be a licensee in good standing of the Oregon State Bar, or the bar of the…

(1) Individuals holding the position of Administrative Law Judge created by the amendments to ORS 656.724 by section 51, chapter 332, Oregon Laws 1995, have the authority to perform only those duties, functions and powers provided in ORS chapters 654, 655 and 656, and such other …

(1) The Workers’ Compensation Board in its name and the Director of the Department of Consumer and Business Services in the director’s name as director may sue and be sued, and each shall have a seal. (2) The board hereby is charged with reviewing appealed orders of Administrativ…

In carrying out the provisions of ORS 656.209, the Department of Consumer and Business Services shall promulgate rules that include, but are not limited to: (1) Requiring injured workers to make application for federal Social Security disability benefits. (2) Requiring injured wo…

(1) The Director of the Department of Consumer and Business Services shall promulgate a plan for the equitable apportionment among the State Accident Insurance Fund Corporation and all members of workers’ compensation rating organizations in the state coverage required by ORS 656…

The circuit court for any county, or the judge of such court, on application of the Director of the Department of Consumer and Business Services, the Workers’ Compensation Board, or any of the board members, their Administrative Law Judges or assistants, shall compel obedience to…

(1) The Director of the Department of Consumer and Business Services shall assess any person who violates ORS 656.052 (1) a civil penalty of not more than $1,000 or twice the premium that would have been due for the period of noncompliance, whichever is the greater. (2) The direc…

(1) A person may contest a proposed order of the Director of the Department of Consumer and Business Services declaring that person to be a noncomplying employer, or a proposed assessment of civil penalty, by filing with the Department of Consumer and Business Services, within 60…

(1)(a) The Director of the Department of Consumer and Business Services shall assess a civil penalty against an employer or insurer that intentionally or repeatedly induces claimants for compensation to fail to report accidental injuries, causes employees to collect accidental in…

(1) The State Accident Insurance Fund Corporation is created as an independent public corporation. The corporation shall be governed by a board of five directors appointed by the Governor. Two members shall be chosen to represent the public. Of the remaining three members, a boar…

(1) The State Accident Insurance Fund Corporation is created for the purpose of transacting workers’ compensation insurance and reinsurance business. The State Accident Insurance Fund Corporation also may insure an Oregon employer against any liability such employer may have on a…

(1) Except as otherwise provided by law, the provisions of ORS 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the State Accident Insurance Fund Corporation. (2) In carrying out the duties, function…

(1) The State Accident Insurance Fund Corporation is under the direct supervision of a manager appointed by the board of directors of the State Accident Insurance Fund Corporation. The manager serves at the pleasure of the board of directors. The manager shall qualify in the mann…

(1) The books, records and payrolls of any employer pertinent to the administration of this chapter shall always be open to inspection by the State Accident Insurance Fund Corporation or its agent for the purpose of ascertaining the correctness of the payroll, the persons employe…

(1)(a) The Secretary of State shall conduct an annual audit of the State Accident Insurance Fund Corporation and the Industrial Accident Fund pursuant to ORS 297.210. As part of this audit, the Secretary of State shall contract with a firm qualified to perform an independent actu…

The board of directors of the State Accident Insurance Fund Corporation shall report to the Secretary of State by March 15 of each year: (1) The total amount of assets in the Industrial Accident Fund as of December 31 of the prior year; (2) The reserves and surplus that are actua…

Not later than the 90th day after the Secretary of State completes and delivers to the appropriate authority an audit under ORS 297.210, the State Accident Insurance Fund Corporation or any subsidiary corporation formed or acquired by the State Accident Insurance Fund Corporation…

(1) The Director of the Department of Consumer and Business Services shall: (a) Adopt by rule standards for certification of workers’ compensation claims examiners that shall be administered by workers’ compensation insurers, self-insured employers and service companies; and (b) …

(1)(a) The Governor shall appoint a Workers’ Compensation Management-Labor Advisory Committee composed of 10 appointed members. (b) Five members from organized labor shall represent subject workers and five members shall represent subject employers. (c) In addition to the appoint…

There shall be created an advisory committee on medical care. This committee shall consist of members appointed by and serving at the pleasure of the Director of the Department of Consumer and Business Services to advise the director on matters relating to the provision of medica…

The Director of the Department of Consumer and Business Services shall develop and make available to nurse practitioners informational materials about the workers’ compensation system, including, but not limited to, the management of indemnity claims, standards for authorization …

On or after October 1, 2004, a nurse practitioner licensed under ORS 678.375 to 678.390, prior to providing compensable medical services or authorizing temporary disability benefits under ORS 656.245, must certify in a form acceptable to the Director of the Department of Consumer…

Every workers’ compensation insurer, self-insured employer and self-insured employer group shall provide to the Director of the Department of Consumer and Business Services all information requested by the director for the purpose of assessing the impact of ORS 656.795 and 656.79…

(1) The Director of the Department of Consumer and Business Services shall develop and make available to medical service providers informational materials about the workers’ compensation system including, but not limited to, the management of indemnity claims, standards for the a…

(1)(a) As used in this chapter, “occupational disease” means any disease or infection arising out of and in the course of employment caused by substances or activities to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employm…

Subject to ORS 656.005 (24) and 656.266 (2), an occupational disease, as defined in ORS 656.802, is considered an injury for employees of employers who have come under this chapter, except as otherwise provided in ORS 656.802 to 656.807. [Amended by 1965 c.285 §87; 1973 c.543 §2;…

(1) All occupational disease claims shall be void unless a claim is filed with the insurer or self-insured employer by whichever is the later of the following dates: (a) One year from the date the worker first discovered, or in the exercise of reasonable care should have discover…

As used in ORS 656.018, 656.403, 656.702, 656.850, 656.855 and 737.270 and this section: (1) “Client worker” means an individual who performs services for compensation for the client of a professional employer organization. (2) “Covered employee” means a client worker for whom a …

(1) As used in this section and ORS 656.018, 656.403, 656.855 and 737.270: (a) “Worker leasing company” means a person who provides workers, by contract and for a fee, to work for a client but does not include a person who provides workers to a client on a temporary basis. (b) “T…

(1) In accordance with any applicable provision of ORS chapter 183, the Director of the Department of Consumer and Business Services, by rule, shall establish a licensing system for worker leasing companies. Such system shall include, but not be limited to: (a) Prescribing the fo…

(1) Any person who knowingly makes any false statement or representation to the Workers’ Compensation Board or its employees, the Workers’ Compensation Board chairperson, the Director of the Department of Consumer and Business Services or employees of the director, the insurer or…