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 3747
 
                         Senate Bill 932
 
Sponsored by COMMITTEE ON RULES
 
 
                             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 exceptions to requirement that worker must notify
employer of workers' compensation claim within 90 days after
accident.
 
                        A BILL FOR AN ACT
Relating to required notice of workers' compensation claim;
  amending ORS 656.265.
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  { - . - }  { + ; or
  (c) The worker or beneficiaries of the worker establish that
the worker had good cause for failure to give notice within 90
days after the accident. + }
 
 
  (5) 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) 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 not, in itself, defeat the claim of the
worker if the worker has complied with the requirement that the
claim be presented in writing.
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