Oregon Administrative Rules
Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD
Division 12 - BOARD'S OWN MOTION JURISDICTION
Section 438-012-0050 - Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies
Universal Citation: OR Admin Rules 438-012-0050
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Board will act promptly upon a request for relief under the provisions of ORS 656.278 and these rules unless:
(a) The claimant has available administrative
remedies under the provisions of ORS
656.273;
(b) The claimant's condition is the subject
of a contested case under ORS
656.283 through
656.298,
656.307 or
656.308, or an arbitration or
mediation proceeding under 656.307; or
(c) The claimant's request for payment of
temporary disability compensation is based on surgery or hospitalization or
other curative treatment prescribed in lieu of hospitalization that is
necessary to enable the claimant to return to work that is the subject of
either a managed care dispute resolution review process or a Director's medical
review under ORS 656.245,
656.260 or
656.327.
(2) The Board may postpone its review of the merits of the claimant's request for relief if the available remedies set forth in section (1) of this rule could affect the Board's authority to award compensation under the provisions of ORS 656.278.
Stat. Auth.: ORS 656.726(5)
Stats. Implemented: ORS 656.278(1) & 656.726(5)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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