OAR 436-050-0120
Records Insurers Must Keep in Oregon; Removal and Disposition

(1) Claims records insurers must keep in Oregon. Each insurer is required to keep the following records of Oregon claims for compensation in this state, and make those records available to the director upon request:
(a) Written records used and relied upon in processing claims;
(b) A written record of all payments made as a result of any claim including documentation of:
(A) The amount of the payment;
(B) The date the payment was issued;
(C) The date the payment was mailed or delivered; and
(D) An explanation of the time period between the date the payment was issued and the date the payment was mailed or delivered, if any;
(c) Written records of the approval or denial of claims for supplemental temporary disability benefits under ORS 656.210 (Temporary total disability)(5);
(d) Written records that show its insured employers have complied with ORS 656.017 (Employer required to pay compensation and perform other duties); and
(e) Written records, or copies of records, of claims processed by prior service companies.
(2) Removal of claims records. An insurer may remove the following records from this state, under the conditions described in this section:
(a) Records of a denied claim may be removed from this state after all the appellate procedures have been exhausted and the denial is final by operation of law; and
(b) Records of any claim for a compensable injury, including a denied claim that is found to be compensable, may be removed from this state after the expiration of the aggravation rights or not less than one year following the final payment of compensation, whichever is the last to occur.
(3) Destruction of claims records. The insurer may destroy claims records when the insurer can verify that all potential for benefits to the worker or the worker’s beneficiaries is gone.
(4) Proof of coverage records insurer must keep in Oregon. The records relating to proof of coverage that insurers are required to keep in the state include:
(a) A written record of each workers’ compensation insurance policy and related endorsements, reinstatements, or cancellations issued as required under the workers’ compensation law;
(b) Written records of premiums due and premiums collected by the insurer from its insured employers as a result of coverage issued under the workers’ compensation law; and
(c) Written records that segregate and show specifically for each employer the amounts due from the employer and all money collected and paid by the insurer for premiums for insurance coverage, premium assessments, and any other moneys due the director or required to be paid to the director.
(5) Disposal of proof of coverage records. If all payments have been made, proof of coverage records may be disposed of after the later of:
(a) The next examination of the insurer by the Division of Financial Regulation under ORS 731.300 (Examination of insurers); or
(b) January 1 of the year following three calendar years after the cancellation or nonrenewal of the workers’ compensation insurance policy.

Source: Rule 436-050-0120 — Records Insurers Must Keep in Oregon; Removal and Disposition, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-050-0120.

436‑050‑0003
Purpose and Applicability 436‑050‑0005
Definitions 436‑050‑0008
Requests for Hearings or Administrative Review 436‑050‑0015
Suspension and Revocation of Authorization to Issue Workers’ Compensation Insurance Policies 436‑050‑0025
Service of the Notice of Civil Penalty Orders 436‑050‑0040
Responsibility for Providing Coverage When a Contract is Awarded 436‑050‑0045
Nonsubject Workers 436‑050‑0050
Corporate Officers, Limited Liability Company Members, Partners 436‑050‑0055
Extraterritorial Coverage 436‑050‑0110
Notice of Insurer’s Place of Business in State 436‑050‑0120
Records Insurers Must Keep in Oregon 436‑050‑0150
Qualifications of a Self-Insured Employer 436‑050‑0160
Applying for Certification as a Self-Insured Employer 436‑050‑0165
Security Deposit Requirements 436‑050‑0170
Excess Insurance Requirements 436‑050‑0175
Annual Reporting Requirements 436‑050‑0180
Determination of Amount of Self-Insured Employer’s Deposit 436‑050‑0185
Qualifications for Deposit Exemption for Self-Insured Cities, Counties, and Qualified Self-Insured Employer Groups, Application Procedures, Conditions and Requirements, Revocation and Requalification 436‑050‑0190
Using Self-Insured Employers’ Security Deposit/Self-Insured Employer Adjustment Reserve/Self-Insured Employer Group Adjustment Reserve/Director-Ordered Assessments of Private Employer Members of Self-Insured Employer Groups 436‑050‑0195
Requirements for Changes in Self-Insured Employer Entity 436‑050‑0200
Self-Insured Certification Cancellation 436‑050‑0205
Notice of Self-Insurer’s Personal Elections 436‑050‑0210
Notice of Self-Insurer’s Place of Business in State 436‑050‑0220
Records Self-Insured Employer Must Keep in Oregon 436‑050‑0230
Out-of-State Recordkeeping and Claims Processing by Self-Insured Employer 436‑050‑0260
Qualifications of a Self-Insured Employer Group 436‑050‑0270
Applying for Certification as a Self-Insured Employer Group: Private Employers 436‑050‑0280
Applying for Certification as a Self-Insured Employer Group: Governmental Subdivisions 436‑050‑0290
Commencement/Termination/Cancellation of Employers with a Self-Insured Employer Group 436‑050‑0300
Self-Insured Employer Group, Common Claims Fund 436‑050‑0340
Group Self-Insurance Revocation
Last Updated

Jun. 8, 2021

Rule 436-050-0120’s source at or​.us