Chapter 656 — Chapter 656

ORS 656.725 Duties and status of Administrative Law Judges. (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 duties, functions and powers as may be prescribed by the Workers’ Compensation Board pursuant to ORS 656.726

0.2K chars

ORS 656.726 Duties and powers to carry out workers’ compensation and occupational safety laws; rules. (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

8.5K chars

ORS 656.727 Rules for administration of benefit offset. 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

0.7K chars

ORS 656.728 [Subsection (1) formerly 344.820; subsection (2) formerly 344.830; 1973 c.634 §3; 1977 c.862 §2; 1981 c.854 §50; 1981 c.874 §6; 1981 c.535 §12; repealed by 1985 c.600 §2]

0.0K chars

ORS 656.729 [1981 c.723 §2; repealed by 1985 c.770 §5]

0.0K chars

ORS 656.730 Assigned risk plan. (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 656.017 for subject employers whose coverage the fund, or any members of such rating organizations, object to providing. The plan shall include provisions authorized pursuant to ORS 737.265 (2), except that

0.7K chars

ORS 656.732 Power to compel obedience to subpoenas and punish for misconduct. 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 subpoenas issued and served pursuant to ORS 656.726 and shall punish disobedience of any such subpoena or any refusal to testify at any authorized session or hearing or to answer any lawful inquiry of the director or any of the board members, Administrative Law Judges or assistants, in the same manner as a refusal to testify in the circuit court or the disobedience of the requirements of a subpoena issued from the court is punished. [Formerly 656.412; 1979 c.839 §21]

0.0K chars

ORS 656.734 [Formerly 656.424; repealed by 1973 c.833 §48]

0.0K chars

ORS 656.735 Civil penalty for noncomplying employers; amount; liability of partners and of corporate and limited liability company officers; effect of final order; penalty as preferred claim; disposition of moneys collected. (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

3.0K chars

ORS 656.740 Review of proposed order declaring noncomplying employer or nonsubjectivity determination; review of proposed assessment or civil penalty; insurer as party; hearing. (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 days after the mailing of the order, a written request for a hearing. Such a request need not be in any particular form, but shall specify the grounds upon which the person contests the proposed order or assessment. An order by the director under this subsection is prima facie correct and the burden is upon the employer to prove that the order is incorrect

3.3K chars

ORS 656.745 Civil penalty for inducing failure to report claims; limits on penalty amounts; failure to pay assessments; failure to comply with statutes, rules or orders; amount; procedure. (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 injury claims as off-the-job injury claims, persuades claimants to accept less than the compensation due or makes it necessary for claimants to resort to proceedings against the employer to secure compensation due

2.1K chars

ORS 656.750 [1975 c.585 §9; 1983 c.696 §24; 1987 c.233 §3; 1987 c.884 §60; 1991 c.640 §3; 2003 c.170 §14; repealed by 2021 c.21 §4]

0.0K chars

ORS 656.751 State Accident Insurance Fund Corporation created; board; members’ qualifications; terms; compensation; expenses; function; report. (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 board member must be insured by the State Accident Insurance Fund Corporation at the time of appointment and for one year prior to appointment, or an employee of such an employer. Members of the board are subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution

1.9K chars

ORS 656.752 State Accident Insurance Fund Corporation; purpose and functions. (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 account of bodily injury to a worker of the employer arising out of and in the course of employment as fully as any private insurance carrier

3.0K chars

ORS 656.753 State Accident Insurance Fund Corporation exempt from certain financial administration laws; contracts with state agencies for services. (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

1.1K chars

ORS 656.754 Manager; appointment; functions. (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 manner provided for board members in ORS 656.716 except that no bond shall be required

0.4K chars

ORS 656.756 [1965 c.285 §56a; repealed by 1967 c.7 §40]

0.0K chars

ORS 656.758 Inspection of books, records and payrolls; statement of employment data; civil penalty for misrepresentation; failure to submit books for inspection and refusal to keep correct payroll. (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 employed, and such other information as may be necessary in the administration of said statutes

1.7K chars

ORS 656.760 [1983 c.412 §3; renumbered 656.776 in 2001]

0.0K chars

ORS 656.772 Annual audit of State Accident Insurance Fund Corporation by Secretary of State; scope of review; report of audit. (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 actuarial review

2.8K chars

ORS 656.774 Annual report by State Accident Insurance Fund Corporation to Secretary of State; contents. The board of directors of the State Accident Insurance Fund Corporation shall report to the Secretary of State by March 15 of each year

0.6K chars

ORS 656.776 Notice to Secretary of State regarding action on audit report. 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 shall notify the Secretary of State in writing of the measures taken and proposed to be taken, if any, to respond to the recommendations of the audit report. The Secretary of State may extend the 90-day period for good cause. [Formerly 656.760]

0.0K chars

ORS 656.780 Certification and training of claims examiners; records of certification and training of examiners; department inspection of records; penalties; rules. (1) The Director of the Department of Consumer and Business Services shall

1.4K chars

ORS 656.790 Workers’ Compensation Management-Labor Advisory Committee; membership; duties; expenses. (1)(a) The Governor shall appoint a Workers’ Compensation Management-Labor Advisory Committee composed of 10 appointed members

2.8K chars

ORS 656.792 [1965 c.285 §29; 1969 c.314 §69; repealed by 1969 c.448 §3]

0.0K chars

ORS 656.794 Advisory committee on medical care; rules. 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 medical care to workers. The director by rule shall determine the composition of the committee. Membership of the committee shall include representatives of the types of health care providers that are most representative of health care providers providing medical care services to injured workers. The committee shall also include one representative of insurers, one representative of employers, one representative of workers, one representative of managed care organizations and other persons as the director may determine are necessary to carry out the purpose of the committee. Members of the committee shall be paid travel and other necessary expenses for service as a member. Such payments shall be made from the Consumer and Business Services Fund. [1965 c.285 §27; 1981 c.535 §46; 1981 c.854 §54; 1987 c.884 §26; 1999 c.879 §1]

0.1K chars

ORS 656.795 Informational materials for nurse practitioners. 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 of temporary disability benefits, return to work responsibilities and programs, and general workers’ compensation rules and procedures for medical service providers. [2003 c.811 §29]

0.2K chars

ORS 656.796 [1981 c.535 §50; repealed by 1997 c.82 §11]

0.0K chars

ORS 656.797 Certification by nurse practitioner of review of required materials. 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 and Business Services that the nurse practitioner has reviewed the materials developed under ORS 656.795. [2003 c.811 §30]

0.0K chars

ORS 656.798 Duty of insurer, self-insured employer and self-insured employer group to provide information to director. 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 656.797 and the amendments to ORS 656.005, 656.245, 656.250, 656.252, 656.262, 656.268, 656.325, 656.340, 656.726, 657.170, 659A.043, 659A.046, 659A.049 and 659A.063 by sections 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25 and 27, chapter 811, Oregon Laws 2003. [2003 c.811 §31]

0.0K chars

ORS 656.799 Informational materials for other health care professionals; certification of review of materials. (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 authorization of temporary disability benefits, return to work responsibilities and programs, and workers’ compensation rules and procedures for medical service providers

1.2K chars

ORS 656.802 Occupational disease; mental disorder; presumptions as to stress disorders; proof. (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 employment therein, and which requires medical services or results in disability or death, including

10.9K chars

ORS 656.804 Occupational disease as an injury under Workers’ Compensation Law. 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; 2001 c.865 §4]

0.0K chars

ORS 656.806 [Repealed by 2005 c.221 §4]

0.0K chars

ORS 656.807 Time for filing of claims for occupational disease; procedure. (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

0.9K chars

ORS 656.808 [Amended by 1957 c.559 §2; 1965 c.285 §88; repealed by 1973 c.543 §4]

0.0K chars

ORS 656.810 [Amended by 1959 c.351 §3; 1965 c.285 §89; repealed by 1973 c.543 §4]

0.0K chars

ORS 656.812 [Amended by 1959 c.351 §4; repealed by 1973 c.543 §4]

0.0K chars

ORS 656.814 [Amended by 1965 c.285 §90; repealed by 1973 c.543 §4]

0.0K chars

ORS 656.816 [Amended by 1959 c.351 §5; 1965 c.285 §91; repealed by 1973 c.543 §4]

0.0K chars

ORS 656.818 [Amended by 1959 c.351 §6; 1965 c.285 §92; repealed by 1973 c.543 §4]

0.0K chars

ORS 656.820 [Repealed by 1973 c.543 §4]

0.0K chars

ORS 656.822 [Amended by 1965 c.285 §92a; repealed by 1973 c.543 §4]

0.0K chars

ORS 656.824 [Repealed by 1981 c.854 §1]

0.1K chars

ORS 656.849 Definitions for PEOs. As used in ORS 656.018, 656.403, 656.702, 656.850, 656.855 and 737.270 and this section

2.7K chars

ORS 656.850 (1)(a) A person may not provide services as a professional employer organization (PEO) in this state without first having obtained a license from the Director of the Department of Consumer and Business Services

4.9K chars

ORS 656.855 (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 professional employer organizations

1.0K chars

ORS 656.990 Penalties. (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 self-insured employer for the purpose of obtaining any benefit or payment under this chapter, either for self or any other person, commits a Class A misdemeanor

1.2K chars