74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 253
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 Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to approval of workers' compensation claim disposition
agreement; amending ORS 656.236.
Be It Enacted by the People of the State of Oregon:
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.
Enrolled Senate Bill 253 (SB 253-A) Page 1
(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.
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Enrolled Senate Bill 253 (SB 253-A) Page 2
Passed by Senate May 3, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 8, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 253 (SB 253-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 253 (SB 253-A) Page 4