Oregon Administrative Rules
Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD
Division 5 - ADOPTION; DEFINITIONS; CONSTRUCTION; NOTICES REQUIRED
Section 438-005-0053 - Notice of Denial of Responsibility
Universal Citation: OR Admin Rules 438-005-0053
Current through Register Vol. 63, No. 9, September 1, 2024
(1) If a self-insured employer or insurer intends to deny responsibility for a claim on the basis of injury or exposure with another employer, the self-insured employer or insurer shall, within the period allowed under ORS 656.262 for processing the claim, so indicate in or as part of a denial otherwise meeting the requirements of 656.262 and OAR 438-005-0055.
(2) The notice shall:
(a) Identify the condition(s) for which
responsibility is being denied;
(b)
State the factual and legal reasons for the denial; and
(c) Advise the claimant to file separate,
timely claims against other potentially responsible insurers or self-insured
employers, including other insurers for the same employer, in order to protect
the claimant's rights to obtain benefits on the claim.
(3) The denial may:
(a) List the names and addresses of other
insurers or self-insured employers who may be responsible for the claimant's
condition; and
(b) State whether
the self-insured employer or insurer has requested the appointment of a paying
agent pursuant to ORS
656.307.
Statutory/Other Authority: ORS 656.726(4) & 654.025(2)
Statutes/Other Implemented: ORS 656.308(2) & 656.262(6)
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
