OAR 436-060-0015
Required Notice and Information

(1) Notice to worker’s attorney. If a worker is represented by an attorney, and the attorney has given written notice of representation, the insurer must provide written notice to the worker’s attorney before, or at the same time, as the insurer:
(a) Requests the worker to submit to a medical examination;
(b) Contacts the worker regarding any matter that may result in denial, reduction, or termination of the worker’s benefits; or
(c) Contacts the worker regarding any matter relating to the disposition of a claim under ORS 656.236 (Compromise and release of claim matters except for medical benefits).
(2) Penalty for failure to provide notice to worker’s attorney. The director may assess a civil penalty against an insurer that intentionally or repeatedly fails to give notice as required under section (1) of this rule.
(3) Information provided to worker. The insurer or service company must provide:
(a) Form 1138, “What happens if I’m hurt on the job?” to every worker who has a disabling claim with the first disability check or earliest written correspondence. For nondisabling claims, Form 3283, “A Guide for Workers Recently Hurt on the Job,” may be provided in place of Form 1138, unless the worker specifically requests Form 1138;
(b) Form 3283 to its insured employers. Form 3283 may be printed on the back of Form 801;
(c) Form 3058, “Notice to Worker,” or an equivalent form, to the worker with the initial notice of acceptance of the claim under OAR 436-060-0140 (Acceptance or Denial of a Claim)(6). If an equivalent form is provided, it must include all of the information included on Form 3058; and
(d) The additional notices required under OAR 436-060-0018 (Nondisabling and Disabling Claim Reclassification), 436-060-0030 (Payment of Temporary Partial Disability Compensation), 436-060-0035 (Supplemental Disability for Workers with Multiple Jobs at the Time of Injury), 436-060-0095 (Medical Examinations; Suspension of Compensation; and Independent Medical Examination Notice), 436-060-0105 (Suspension of Compensation for Insanitary or Injurious Practices, Refusal of Treatment or Failure to Participate in Rehabilitation; Reduction of Benefits), 436-060-0135 (Injured Worker, Worker’s Attorney Responsible to Assist in Investigation; Suspension of Compensation and Notice to Worker), 436-060-0140 (Acceptance or Denial of a Claim), and 436-060-0180 (Designation and Responsibility of a Paying Agent).
(4) Notice of change of processing location. When the insurer changes claims processing locations, service companies, or self-administration, the insurer must provide at least 10 days prior notice to workers with open or active claims, their attorneys, and attending physicians. The notice must provide the name of a contact person, telephone number, email address, and mailing address of the new claim processor.
(5) Notice of change in rate of compensation and benefit amounts. When the insurer changes the rate of compensation, the wage used to calculate benefit amounts, or the method of calculation used to determine benefits, the insurer must provide a written explanation of any change to the worker and the worker’s attorney, if any.
(6) Notice of wage used to calculate benefits at closure. Before closure of a disabling claim the insurer must send a notice to the worker that:
(a) Documents the wage upon which benefits were based;
(b) Informs the worker that work disability, if applicable, will be determined when the claim is closed; and
(c) Explains how the worker can appeal the insurer’s wage calculation if the worker disagrees with the wage.

Source: Rule 436-060-0015 — Required Notice and Information, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-060-0015.

436‑060‑0003
Purpose, Applicability, Forms, and Bulletins 436‑060‑0005
Definitions 436‑060‑0008
Administrative Review and Contested Cases 436‑060‑0010
Employer Responsibilities 436‑060‑0011
Insurer Reporting Requirements 436‑060‑0012
Notices and Correspondence Following the Death of a Worker 436‑060‑0015
Required Notice and Information 436‑060‑0017
Release of Claim Documents 436‑060‑0018
Nondisabling and Disabling Claim Reclassification 436‑060‑0019
Determining and Paying the Three Day Waiting Period 436‑060‑0020
Payment of Temporary Total Disability Compensation 436‑060‑0025
Worker’s Weekly Wage Calculation and Rate of Temporary Disability Compensation 436‑060‑0030
Payment of Temporary Partial Disability Compensation 436‑060‑0035
Supplemental Disability for Workers with Multiple Jobs at the Time of Injury 436‑060‑0040
Payment of Permanent Partial Disability Compensation 436‑060‑0045
Payment of Compensation During Worker Incarceration 436‑060‑0055
Payment of Medical Services on Nondisabling Claims 436‑060‑0060
Lump Sum Payment of Permanent Partial Disability Awards 436‑060‑0075
Payment of Death Benefits 436‑060‑0095
Medical Examinations 436‑060‑0105
Suspension of Compensation for Insanitary or Injurious Practices, Refusal of Treatment or Failure to Participate in Rehabilitation 436‑060‑0135
Injured Worker, Worker’s Attorney Responsible to Assist in Investigation 436‑060‑0137
Vocational Evaluations for Permanent Total Disability Benefits 436‑060‑0140
Acceptance or Denial of a Claim 436‑060‑0141
Claims for COVID-19 or Exposure to SARS-CoV-2 436‑060‑0147
Worker Requested Medical Examination 436‑060‑0150
Timely Payment of Compensation 436‑060‑0153
Electronic Payment of Compensation 436‑060‑0155
Penalty to Worker for Untimely Processing 436‑060‑0160
Use of Sight Draft to Pay Compensation Prohibited 436‑060‑0170
Recovery of Overpayment of Benefits 436‑060‑0180
Designation and Responsibility of a Paying Agent 436‑060‑0190
Monetary Adjustments among Parties and Department of Consumer and Business Services 436‑060‑0195
Miscellaneous Monetary Adjustments Among Insurers 436‑060‑0200
Assessment of Civil Penalties 436‑060‑0400
Penalty and Attorney Fee for Untimely Payment of Disputed Claims Settlement 436‑060‑0500
Reimbursement of Supplemental Disability for Workers with Multiple Jobs at the Time of Injury 436‑060‑0510
Reimbursement of Permanent Total Disability Benefits from the Workers’ Benefit Fund
Last Updated

Jun. 8, 2021

Rule 436-060-0015’s source at or​.us