Oregon Administrative Rules
Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION
Division 1 - PROCEDURAL RULES, ATTORNEY FEES, AND GENERAL PROVISIONS
Section 436-001-0225 - Scope of Review/Limitations on the Record

Universal Citation: OR Admin Rules 436-001-0225

Current through Register Vol. 63, No. 12, December 1, 2024

(1) Except for the matters listed in sections (2) and (3) of this rule and unless otherwise provided by statute or administrative rule:

(a) The administrative law judge reviews all matters within the director's jurisdiction de novo; and

(b) New evidence may be admitted and considered.

(2) In medical service and medical treatment disputes under ORS 656.245, 656.247(3)(a), and 656.327, and managed care disputes under ORS 656.260(16), the administrative law judge may modify the director's order only if it is not supported by substantial evidence in the record or if it reflects an error of law. New evidence or issues may not be admitted or considered.

(3) In vocational assistance disputes under ORS 656.340, new evidence may be admitted and considered. Under ORS 656.340(16), the administrative law judge may modify the director's order only if it:

(a) Violates a statute or rule;

(b) Exceeds the director's statutory authority;

(c) Was made upon unlawful procedure; or

(d) Was characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Statutory/Other Authority: ORS 656.726(4)

Statutes/Other Implemented: ORS 656.245, 656.247, 656.260, 656.327, 656.340 & 656.704

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