OAR 436-050-0220
Records Self-Insured Employer Must Keep in Oregon; Period to be Retained, Removal and Disposition

(1) Claims records self-insured employers must keep in Oregon. Each self-insured employer is required to keep the following records in this state, and make those records available to the director upon request:
(a) Written records necessary to ensure compliance with ORS 656.506 (Assessments for programs), 656.612 (Assessments for department activities), 656.614 (Self-Insured Employer Adjustment Reserve), and 656.622 (Reemployment Assistance Program) including:
(A) A record of payroll by National Council on Compensation Insurance classification; and
(B) Complete records of all assessments, employer and employee contributions, and all such money due the director;
(b) Written records relating to its safety and health program as required by ORS 656.430 (Certification of self-insured employer)(10) and OAR 437-001;
(c) Written records used and relied upon in processing claims;
(d) 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 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;
(e) A written record of all reimbursements and recoveries received on each claim;
(f) A written record of the approval or denial of claims for supplemental temporary disability benefits under ORS 656.210 (Temporary total disability)(5);
(g) A summary sheet for each claim showing all payments made, separated into disability, medical, and vocational assistance payments showing all reimbursements made and cumulative totals, subject to the following:
(A) The record of disability payments should be limited to statutory benefits and not include any additional employer obligations; and
(B) Expenses must not be included in any of the three columns required on the summary sheet. “Expenses” are defined in National Council on Compensation Insurance, Workers’ Compensation Statistical Plan, Part IV(available from NCCI, www.ncci.com, 800-622-4123); and
(h) Written records, or copies of records, of claims processed by prior service companies.
(2) Removal of claims records. A self-insured employer may remove the following records, 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;
(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; and
(c) If administrative or judicial review is requested, the claim records may not be removed from this state or disposed of until the review is concluded and the time for an appeal from such review has expired, or at least one year after final payment of compensation has been made, whichever is the last to occur.
(3) Destruction of claims records. The self-insured employer may destroy claim records when the self-insured employer can verify that all potential for benefits to the injured worker or the worker’s beneficiaries is gone.
(4) Retention of payroll records required under this rule. Payroll records retained under subsection (1)(a) of this rule may be removed from the state or destroyed at the end of three full calendar years after the calendar year in which the money was remitted.

Source: Rule 436-050-0220 — Records Self-Insured Employer Must Keep in Oregon; Period to be Retained, Removal and Disposition, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-050-0220.

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 436-050-0220’s source at or​.us