Chapter 418 Oregon Laws 1999

Session Law

AN ACT

SB 221

Relating to certification of workers' compensation claims examiners; creating new provisions; and amending ORS 656.780.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 656.780 is amended to read:

656.780. (1) [Not later than January 1, 1991, the Director of the Department of Consumer and Business Services shall establish a certification program to instruct workers' compensation claims examiners on the requirements of this chapter and on the rules adopted pursuant thereto. The director may certify individuals, or the director may certify programs administered by insurers or self-insured employers or their professional associations.] The Director of the Department of Consumer and Business Services shall adopt by rule standards for certification of workers' compensation claims examiners. Workers' compensation insurers, self-insured employers and third party administrators shall administer the standards.

(2) Each insurer, [or] self-insured employer and third party administrator shall maintain [a list of the insurer's or self-insured employer's] records of the certification and training of their workers' compensation claims examiners. [The list shall be] These records are subject to inspection and review by the director. The director may impose a civil penalty against any insurer, self-insured employer or third party administrator that fails to maintain or produce certification and training records as required by the rules of the director.

[(3) Individuals with more than one year of workers' compensation claim examination experience on January 1, 1991, shall be certified by the director without having to undergo the certification program. Individuals with less than one year of workers' compensation claims examination experience on January 1, 1991, shall have until January 1, 1992, to satisfactorily complete a certification program.]

[(4) The director may prescribe a fee in an amount not to exceed $25 for issuing certifications.]

(3) Insurers, self-insured employers and third party administrators may employ only certified workers' compensation claims examiners to process workers' compensation claims. The director may impose a civil penalty against any insurer, self-insured employer or third party administrator that violates this subsection.

SECTION 2. The certification of workers' compensation claims examiners that are valid on December 31, 1999, are extended until December 31, 2000.

Approved by the Governor June 29, 1999

Filed in the office of Secretary of State June 30, 1999

Effective date October 23, 1999

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