71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 316
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Consumer and Business Services)
CHAPTER ................
AN ACT
Relating to time limitations for requesting certain actions in
workers' compensation claims; amending ORS 656.273 and 656.277.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 656.273 is amended to read:
656.273. (1) After the last award or arrangement of
compensation, an injured worker is entitled to additional
compensation for worsened conditions resulting from the original
injury. A worsened condition resulting from the original injury
is established by medical evidence of an actual worsening of the
compensable condition supported by objective findings. However,
if the major contributing cause of the worsened condition is an
injury not occurring within the course and scope of employment,
the worsening is not compensable. A worsened condition is not
established by either or both of the following:
(a) The worker's absence from work for any given amount of time
as a result of the worker's condition from the original injury;
or
(b) Inpatient treatment of the worker at a hospital for the
worker's condition from the original injury.
(2) To obtain additional medical services or disability
compensation, the injured worker must file a claim for
aggravation with the insurer or self-insured employer. In the
event the insurer or self-insured employer cannot be located, is
unknown, or has ceased to exist, the claim shall be filed with
the Director of the Department of Consumer and Business Services.
(3) A claim for aggravation must be in writing in a form and
format prescribed by the director and signed by the worker or the
worker's representative. The claim for aggravation must be
accompanied by the attending physician's report establishing by
written medical evidence supported by objective findings that the
claimant has suffered a worsened condition attributable to the
compensable injury.
(4) { - (a) - } The claim for aggravation must be filed
within five years { + :
(a) + } After the first notice of closure made under ORS
656.268 { + for a disabling claim + }; or
(b) { - The claim for aggravation must be filed within five
years - } After the date of injury, provided { - that - } the
Enrolled Senate Bill 316 (SB 316-INTRO) Page 1
claim has been classified as nondisabling for { - more than - }
{ + at least + } one year after the date of { + acceptance + }
{ - injury or more than 60 days after the date of first
classification by the insurer or self-insured employer, whichever
is later - } .
(5) The director may order the claimant, the insurer or
self-insured employer to pay for such medical opinion.
(6) A claim submitted in accordance with this section shall be
processed by the insurer or self-insured employer in accordance
with the provisions of ORS 656.262, except that the first
installment of compensation due under ORS 656.262 shall be paid
no later than the 14th day after the subject employer has notice
or knowledge of medically verified inability to work resulting
from a compensable worsening under subsection (1) of this
section.
(7) A request for hearing on any issue involving a claim for
aggravation must be made to the Workers' Compensation Board in
accordance with ORS 656.283.
(8) If the worker submits a claim for aggravation of an injury
or disease for which permanent disability has been previously
awarded, the worker must establish that the worsening is more
than waxing and waning of symptoms of the condition contemplated
by the previous permanent disability award.
SECTION 2. ORS 656.277 is amended to read:
656.277. (1) A request for reclassification by the worker of an
accepted nondisabling injury that the worker believes was or has
become disabling must be submitted to the insurer or self-insured
employer. The insurer or self-insured employer shall classify the
claim as disabling or nondisabling within 14 days of the request
{ - if the request is received within one year after the date of
acceptance - } . A notice of such classification shall be mailed
to the worker and the worker's attorney if the worker is
represented. The worker may ask the Director of the Department of
Consumer and Business Services to review the classification by
the insurer or self-insured employer by submitting a request for
review within 60 days of the mailing of the classification notice
by the insurer or self-insured employer. If any party objects to
the classification of the director, the party may request a
hearing under ORS 656.283 within 30 days from the date of the
director's order.
(2) A request by the worker that an accepted nondisabling
injury was or has become disabling shall be made pursuant to ORS
656.273 as a claim for aggravation { + , provided the claim has
been classified as nondisabling for at least one year after the
date of acceptance + } { - if made more than one year after the
date of acceptance - } .
(3) A claim for a nondisabling injury shall not be reported to
the director by the insurer or self-insured employer except:
(a) When a notice of claim denial is filed;
(b) When the status of the claim is as described in subsection
(1) or (2) of this section; or
(c) When otherwise required by the director.
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Enrolled Senate Bill 316 (SB 316-INTRO) Page 2
Passed by Senate March 21, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 17, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 316 (SB 316-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 316 (SB 316-INTRO) Page 4