OAR 436-060-0170
Recovery of Overpayment of Benefits


(1) Benefits paid a worker. An insurer may only recover overpayment of benefits paid to a worker as specified by ORS 656.268 (Claim closure)(14), unless authority is granted by an administrative law judge or the board.
(2) Benefits due a worker. An insurer may recover an overpayment from any benefits currently due on any claim the worker has with that insurer. The insurer must explain in writing the reason, the amount, and the method of recovery to the worker and the worker’s attorney, if any, or to the worker’s beneficiaries.
(3) Permanent partial disability offsets. When overpaid benefits are offset against monthly permanent partial disability award payments, the insurer must recover the benefits from the total amount of the award. The insurer must pay out the remainder of the award at 4.35 times the temporary total disability rate, or at least $108.75, starting with the first month’s payment.

Source: Rule 436-060-0170 — Recovery of Overpayment of Benefits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-060-0170.

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 436-060-0170’s source at or​.us