Oregon Department of Consumer and Business Services, Workers' Compensation Division

Rule Rule 436-001-0225
Scope of Review/Limitations on the Record


(1)

Except for the matters listed in sections (2) and (3) of this rule and unless otherwise provided by statute or administrative rule:
(a) The administrative law judge reviews all matters within the director’s jurisdiction de novo; and
(b) New evidence may be admitted and considered.
(2) In medical service and medical treatment disputes under ORS 656.245 (Medical services to be provided), 656.247 (Payment for medical services prior to claim acceptance or denial)(3)(a), and 656.327 (Review of medical treatment of worker), and managed care disputes under ORS 656.260 (Certification procedure for managed health care provider)(16), the administrative law judge may modify the director’s order only if it is not supported by substantial evidence in the record or if it reflects an error of law. New evidence or issues may not be admitted or considered.
(3) In vocational assistance disputes under ORS 656.340 (Vocational assistance procedure), new evidence may be admitted and considered. Under ORS 656.340 (Vocational assistance procedure)(16), the administrative law judge may modify the director’s order only if it:
(a) Violates a statute or rule;
(b) Exceeds the director’s statutory authority;
(c) Was made upon unlawful procedure; or
(d) Was characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Source

Last accessed
Jun. 8, 2021