OAR 436-105-0520
Assistance Available from the Employer-at-Injury Program

(1) General provisions.
(a) The Employer-at-Injury Program may be used only once per worker per claim opening or request for reopening. If a nondisabling claim becomes a disabling claim after one year from the date of acceptance, the disabling claim is considered a new opening and the Employer-at-Injury Program may be used again.
(b) Assistance available includes wage subsidy, worksite modification, and purchases.
(c) Any modification and other purchases must be ordered before the end of the Employer-at-Injury Program.
(2) Wage subsidy. Wage subsidy provides reimbursement of 50 percent of the worker’s gross wages for the wage subsidy period. Wage subsidy benefits are subject to the following conditions:
(a) A wage subsidy may not exceed 66 workdays and must be completed within a 24-consecutive month period;
(b) A wage subsidy may not start or end with paid leave;
(c) If the worker has hourly restrictions, reimbursable paid leave cannot exceed the maximum number of hours of the worker’s hourly restrictions. Paid leave exceeding the worker’s hourly restrictions will not be reimbursed; and
(d) Any day during which the worker exceeds his or her injury-caused limitations will not be reimbursed. If, however, an employer uses a time clock, a reasonable time of up to 30 minutes per day will be allowed for the worker to get to and from the time clock and the worksite without exceeding the worker’s hourly restrictions.
(3) Worksite modification.
(a) Worksite modification is altering a worksite by renting, purchasing, modifying, or supplementing equipment to:
(A) Enable a worker to perform the transitional work within the worker’s limitations that resulted in the worker’s Employer-at-Injury Program eligibility;
(B) Prevent a worsening of the worker’s compensable injury or occupational disease; or
(C) If the claim has not been accepted or denied, to prevent a worsening of the claimed workers’ compensation injury or occupational disease.
(b) For purposes of the Employer-at-Injury Program, a “worksite” is a primary work area available for a worker to use to perform the required job duties. The worksite may be the employer’s, client’s, or worker’s premises, property, or equipment used to conduct business under the employer’s or client’s direction and control. A worksite may include a worker’s personal property or vehicle if required to perform the job.
(c) Worksite modification assistance is subject to the following conditions:
(A) The insurer must determine the appropriate worksite modifications for the worker;
(B) The insurer must document its reasons for approving the modifications; and
(C) Worksite modification items become the employer’s property at the end of the Employer-at-Injury Program.
(4) Employer-at-Injury Program purchases. Employer-at-Injury Program purchases are limited to:
(a) Tuition, books, fees, and materials required for skills building or to meet the requirements of the transitional work position. Maximum expenditure is $1,000. Tuition, books, fees, and required materials will be provided under the following conditions:
(A) The insurer must determine the class or course of instruction will help the worker enhance an existing skill or develop a new skill, and must document its decision; and
(B) The worker must begin participation in the class or course of instruction while eligible for the Employer-at-Injury Program;
(b) Clothing required for the job, except clothing the employer normally provides. Clothing becomes the worker’s property. Maximum expenditure is $400; and
(c) Tools and equipment required for the worker to perform transitional work, including consumables required to support the functioning of the tools or equipment. These purchases become the employer’s property.
(5) Other conditions for worksite modifications and purchases.
(a) Worksite modification and purchases of tools and equipment are limited to a combined maximum reimbursement of $5,000.
(b) Extended warranties that are in addition to the standard or manufacturer’s warranty are not reimbursable under the Employer-at-Injury Program.
(c) All modifications and purchases made by the employer in good faith are reimbursable, even if the worker refuses to return to work, or if the worker agreed to take part in training and then later refused to attend training.

Source: Rule 436-105-0520 — Assistance Available from the Employer-at-Injury Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-105-0520.

Last Updated

Jun. 8, 2021

Rule 436-105-0520’s source at or​.us