WORKERS' COMPENSATION BOARD CHAPTER 438 |
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Statutory Authority |
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Effective Date; Applicability |
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Adoption of Attorney General's Model Rules |
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Notice of Rulemaking |
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Safety Rules Reference |
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Board Policy |
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Penalty for Failure to Comply with Rules |
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General Definitions |
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Filing and Service of Documents; Correspondence |
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Notice of Claim Acceptance and Hearing Rights Under ORS 262(6)(d) |
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Notice of Denial of Responsibility |
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Notice of Claim Denial and Hearing Rights |
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Notice of Partial Denial and Hearing Rights |
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Manner of Giving Notice |
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Request for Hearing |
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Expedited Hearing/Compensation Stayed Under ORS 656.313 |
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Duty to Forward Misdirected Request |
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Acknowledgment; Notice of Conference and Hearing in Ordinary Hearing Process |
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Specification of Issues |
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Response |
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Waiver of Notice |
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Motions, Arguments |
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Preliminary Rulings |
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Depositions |
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Prehearing Conference |
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Prehearing Matters Regarding Multiple Employer/Insurer Cases |
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Consolidation and Joinder |
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Failure of Party to Pursue or to Appear at Hearing |
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Expedited Remedy for Failure to Pay Temporary Disability |
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Request for Expedited Hearing |
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Postponement of Hearings |
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Continuances |
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Change of Administrative Law Judge |
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Ex Parte Communications |
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Representation by Counsel |
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Deferred Hearings |
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Hearing Security |
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Motion to Dismiss a Party Under ORS 656.308(2)(c) |
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Medical and Vocational and Other Documentary Evidence |
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Competency of Vocational Experts |
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Entitlement to Claims Information - Full Disclosure Required |
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Disclosure of Expert Witness Required |
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Impeachment Evidence |
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Exchange and Admission of Exhibits at Hearing |
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Testimony at Hearings |
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Subpoenas; Witness Fees |
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Manner of Taking Testimony of Lay Witnesses |
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Order of Presentation of Evidence and Argument at Hearing |
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Offers of Proof |
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Reconsideration |
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Hearing for Purpose of Own Motion Recommendation |
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Unofficial Recording of Hearings Prohibited |
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Electronic Documents |
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Special Definitions |
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Settlement Stipulations |
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Disputed Claim Settlements |
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Notice of Settlement; Submission of Documents |
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Claim Disposition Agreements; Form |
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Required Information in a CDA |
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Notice to Claimant Required |
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Claim Disposition Agreements; Processing |
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Postcard Announcing CDA Approval Order |
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Claim Disposition Agreements; Stay of Other Proceedings;Payment of Proceeds |
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Reconsideration of Claim Disposition Agreements |
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Applicability of the Permanent Disability Rating Standards for Rating Extent of Disability |
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Effective Date for Applying Disability Standards |
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Request for Board Review |
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Applicability |
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Scope of Board Review |
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Briefs and Other Documents |
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Expedited Review |
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Request for Recusal of Board Member |
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Motions That Toll Time |
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Motion for Waiver of Rules |
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Request for Oral Argument |
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Procedure at Oral Argument |
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Review; Board Order; Reconsideration |
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Third Party Orders |
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Definitions |
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Communication with Board and Parties in Own Motion Cases |
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Written Argument and Other Documents |
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Applicability of Rules |
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Insurer to Process Own Motion Claim; Notice and Contents of Claim |
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Insurer Recommendation of Reopening or Denial of Claim; Voluntary Reopening |
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Notification of Pending Proceedings |
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Consent to Designation of Paying Agent |
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Temporary Disability Compensation |
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Permanent Disability Compensation |
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Payment of Medical Benefits |
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Action by Board After Insurer Recommendation |
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Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies |
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Closure of Claims Reopened Under ORS 656.278 |
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Board Review of Insurer Closure |
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Board Review of Voluntary Reopening of an Own Motion Claim |
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Referral of Request for Enforcement of Board's Own Motion Order to Hearings Division |
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Reconsideration of Own Motion Orders |
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Penalty for Unreasonable Failure to Comply or Untimely Compliance with Board Own Motion Rules |
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Expedited Claims Service Established |
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Referral of Request for Hearing to Expedited Claims Service |
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Determination of Amount in Controversy |
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Representation of Parties in Expedited Claims |
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Notice of Hearing Date |
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Hearings in Expedited Claims; Informal Dispute Resolution |
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Postponements and Continuances |
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Order of Administrative Law Judge; Review |
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Authority for Adoption |
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Definitions |
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General Principles |
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Attorney Retainer Agreement |
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Charge for Legal Services Must Be Authorized |
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Cost Bill Procedures |
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Attorney Fee Lien Procedures |
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Maximum Attorney Fees Out of Compensation |
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Request at Board Review Level for Assessed Fees |
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Attorney Fees When There is No Hearing |
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Attorney Fees When a Claimant Requests a Hearing on a Denied Claim |
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Attorney Fees When a Claimant Requests a Hearing on a Responsibility Denial |
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Attorney Fees When a Claimant Requests a Hearing on Extent of Permanent Disability |
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Attorney Fees When a Claimant Requests a Hearing on Extent of Temporary Disability |
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Attorney Fees in Connection with Disputed Claim Settlements |
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Attorney Fees in Connection with Claim Disposition Agreements |
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Attorney Fees When a Claimant Requests Review by the Board |
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Attorney Fees When Insurer or Self-Insured Employer Requests a Hearing |
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Attorney Fees When Insurer or Self-Insured Employer Requests or Cross-Requests Review by the Board |
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Attorney Fees in Own Motion Cases |
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Timely Payment of Attorney Fees |
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Payment of Attorney Fees Out of Compensation; Fee Not Subject to Offset |
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Attorney Fees in Proceeding Under ORS 656.307 |
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Attorney Fees in Third-Party Cases |
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Attorney Fees in Cases Involving ORS 656.262(11)(a) |
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Request for Board Review |
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Acknowledgment of Request for Review; Record |
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Scope of Review |
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Briefs and Other Documents |
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Board Decision; Reconsideration; No Further Review |
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Special Definitions |
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Mediator Qualifications |
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Standards of Mediator Conduct |
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Confidentiality |
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Standards of Conduct for Attorneys and Parties |
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Requests for Mediation |
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Settlement Agreements |
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Special Definitions |
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ALJ Designation |
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Notice of Need for and Appointment of Interpreter |
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Removal of Interpreter |
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Cancellation |
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Purpose |
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Regularly Scheduled Meetings |
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Duties of the Chairperson |
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Consultation of the Board |
DIVISION 022
RULEMAKING PROCEDURES
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Adoption of Attorney General's Model Rules; Notice of Rulemaking |
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Notice of Rulemaking |