72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1973
 
                         House Bill 3200
 
Sponsored by Representative KNOPP
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies basis for barring workers' compensation claim.
Changes time period for injured worker to file occupational
disease claim from one year to 90 days from date of knowledge of
occupational disease.
 
                        A BILL FOR AN ACT
Relating to workers' compensation claims; amending ORS 656.265
  and 656.807.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 656.265 is amended to read:
  656.265. (1) Notice of an accident resulting in an injury or
death shall be given immediately by the worker or a dependent of
the worker to the employer, but not later than 90 days after the
accident. The employer shall acknowledge forthwith receipt of
such notice.
  (2) The notice need not be in any particular form. However, it
shall be in writing and shall apprise the employer when and where
and how an injury has occurred to a worker. A report or statement
secured from a worker, or from the doctor of the worker and
signed by the worker, concerning an accident which may involve a
compensable injury shall be considered notice from the worker and
the employer shall forthwith furnish the worker a copy of any
such report or statement.
  (3) Notice shall be given to the employer by mail, addressed to
the employer at the last-known place of business of the employer,
or by personal delivery to the employer or to a foreman or other
supervisor of the employer. If for any reason it is not possible
to so notify the employer, notice may be given to the Director of
the Department of Consumer and Business Services and referred to
the insurer or self-insured employer.
  (4) Failure to give notice as required by this section bars a
claim under this chapter unless the notice is given within one
year after the date of the accident and:
  (a) The employer had knowledge of the injury or death; or
  (b) The worker died within 180 days after the date of the
accident.
   { +  (5) Notwithstanding subsection (4) of this section, a
claim under this chapter may be barred if:
  (a) The employer has documentation that after having learned of
injury to or death of a worker, the employer requested the worker
 
or the worker's representative file a claim and the worker or the
worker's representative declined to do so.
  (b) The reported injury does not result in the need for
treatment or disability within one year of the date of the
accident. + }
    { - (5) - }   { + (6) + } The issue of failure to give notice
must be raised at the first hearing on a claim for compensation
in respect to the injury or death.
    { - (6) - }   { + (7) + } The director shall promulgate and
prescribe uniform forms to be used by workers in reporting their
injuries to their employers. These forms shall be supplied by all
employers to injured workers upon request of the injured worker
or some other person on behalf of the worker. The failure of the
worker to use a specified form   { - shall - }   { + does + }
not, in itself, defeat the claim of the worker if the worker has
complied with the requirement that the claim be presented in
writing.
  SECTION 2. ORS 656.807 is amended to read:
  656.807. (1) All occupational disease claims shall be void
unless a claim is filed with the insurer or self-insured employer
by whichever is the later of the following dates:
  (a)   { - One year - }   { + Ninety days + } from the date the
worker first discovered, or in the exercise of reasonable care
should have discovered, the occupational disease; or
  (b)   { - One year - }   { + Ninety days + } from the date the
claimant becomes disabled or is informed by a physician that the
claimant is suffering from an occupational disease.
  (2) If the occupational disease results in death, a claim may
be filed within one year from the date that the worker's
beneficiary first discovered, or in the exercise of reasonable
care should have discovered, that the cause of the worker's death
was due to an occupational disease.
  (3) The procedure for processing occupational disease claims
shall be the same as provided for accidental injuries under this
chapter.
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