OAR 436-010-0300
Requesting Exclusion of Medical Treatment from Compensability

If a worker or insurer believes that any medical treatment is unscientific, unproven as to its effectiveness, outmoded, or experimental, either party may initiate a request for exclusion of the medical treatment from compensability under ORS 656.245 (Medical services to be provided)(3). The request must include documentation on why the medical treatment should be excluded from compensability for workers’ compensation claims. The director will request advice from the licensing boards of practitioners that might be affected and the Medical Advisory Committee. The director will issue an order and may adopt a rule declaring the treatment to be noncompensable. The decision of the director is appealable under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim). Request for administrative review of an individual worker’s treatment under ORS 656.327 (Review of medical treatment of worker) does not initiate review under this process. Excluded treatments are listed in OAR 436-009-0010 (Medical Billing and Payment).

Source: Rule 436-010-0300 — Requesting Exclusion of Medical Treatment from Compensability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-010-0300.

Last Updated

Jun. 8, 2021

Rule 436-010-0300’s source at or​.us