Chapter 491
AN ACT
SB 253
Relating to approval of workers’ compensation claim disposition
agreement; amending ORS 656.236.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 656.236 is amended to read:
656.236. (1)(a) The
parties to a claim, by agreement, may make such disposition of any or all
matters regarding a claim, except for medical services, as the parties consider
reasonable, subject to such terms and conditions as the Workers’ Compensation
Board may prescribe. For the purposes of this section, “matters regarding a
claim” includes the disposition of a beneficiary’s independent claim for
compensation under this chapter. Unless otherwise specified, a disposition
resolves all matters and all rights to compensation, attorney fees and
penalties potentially arising out of claims, except medical services,
regardless of the conditions stated in the agreement. [Any such] Each disposition shall be filed [for approval] with the board for
approval by the Administrative Law Judge who mediated the agreement or by the
board. If the worker is not represented by an attorney, the worker may, at
the worker’s request, personally appear before the board. Submission of a
disposition shall stay all other proceedings and payment obligations, except
for medical services, on that claim. The disposition shall be approved in a
final order unless:
(A) The
Administrative Law Judge who mediated the agreement or the board finds the
proposed disposition is unreasonable as a matter of law;
(B) The
Administrative Law Judge who mediated the agreement or the board finds the
proposed disposition is the result of an intentional misrepresentation of
material fact; or
(C) Within 30 days of
submitting the disposition for approval, the worker, the insurer or
self-insured employer requests the Administrative Law Judge who mediated the
agreement or the board to disapprove the disposition.
(b) Notwithstanding
paragraph (a)(C) of this subsection, a disposition may provide for waiver of
the provisions of that subparagraph if the worker was represented by an
attorney at the time the worker signed the disposition.
(2) Notwithstanding any
other provision of this chapter, an order approving disposition of a claim
pursuant to this section is not subject to review. However, an order
disapproving a disposition is subject to review pursuant to ORS 656.298. The
board shall file with the Department of Consumer and Business Services a copy
of each disposition that the Administrative Law Judge who mediated the
agreement or the board approves. If the Administrative Law Judge who
mediated the agreement or the board does not approve a disposition, the
Administrative Law Judge or the board shall enter an order setting aside
the disposition.
(3) Unless the terms of
the disposition expressly provide otherwise, no payments, except for medical
services, pursuant to a disposition are payable until the Administrative Law
Judge who mediated the agreement or the board approves the disposition. The
Court of Appeals or Supreme Court shall remand to the board cases in which
proposed dispositions are submitted to the court for approval.
(4) If a worker is
represented by an attorney in the negotiation of a disposition under this
section, the insurer or self-insured employer shall pay to the attorney a fee
prescribed by the Administrative Law Judge who mediated the agreement or the
board.
(5) Except as otherwise
provided in this chapter, none of the cost of workers’ compensation to
employers under this chapter, or in the court review of any claim therefor,
shall be charged to a subject worker.
(6) Any claim in which
the parties enter into a disposition under this section shall not be eligible
for reimbursement of expenditures authorized by law from the Workers’ Benefit
Fund without the prior approval of the Director of the Department of Consumer
and Business Services.
(7) Insurers or
self-insured employers who are parties to an approved claim disposition
agreement under this section shall not be joined as parties in subsequent
proceedings under this chapter to determine responsibility for payment for any
matter for which disposition is made by the agreement. Insurers or self-insured
employers may be joined as parties in subsequent proceedings under this chapter
to determine responsibility for medical services for claim conditions for which
disposition is made by an approved claim disposition agreement, but no order in
any subsequent proceedings may alter the obligations of an insurer or
self-insured employer set forth in an approved claims disposition agreement,
except as those obligations concern medical services.
(8) No release by a
worker or beneficiary of any rights under this chapter is valid, except
pursuant to a claim disposition agreement under this section or a release
pursuant to ORS 656.593.
(9) Notwithstanding ORS
656.005 (21), as used in this section, “party” does not include a noncomplying
employer.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
__________