OAR 436-120-0003
General Provisions

(1) Purpose of these rules. The purpose of the rules in OAR 436-120 is to:

(a)

Prescribe uniform standards for determining eligibility, delivery, and payment for vocational services to injured workers;

(b)

Prescribe procedures for resolving disputes; and

(c)

Establish standards for the certification of counselors and providers.
(2) Applicability of rules.

(a)

These rules govern vocational assistance under the workers’ compensation law on or after the effective date of these rules except as OAR 436-120 otherwise provides.

(b)

Except as outlined below, the director’s decisions under OAR 436-120-0008 (Administrative Review and Hearings) regarding eligibility will be based on the rules in effect on the date the insurer issued the notice. If an eligibility decision involves the weekly wage under OAR 436-120-0147 (Establishing the Adjusted Weekly Wage)(3)(b)(B), the director’s decisions under OAR 436-120-0008 (Administrative Review and Hearings) regarding eligibility will rely on OAR 436-120-0147 (Establishing the Adjusted Weekly Wage)(3)(b)(B) in effect on the date of the director’s order. The director’s decisions regarding the nature and extent of assistance will be based on the rules in effect at the time the assistance was provided. If the director orders future assistance, such assistance must be provided in accordance with the rules in effect at the time assistance is provided.

(c)

Under these rules a claim for aggravation or reopening a claim to process a newly accepted condition is considered a new claim for purposes of vocational assistance eligibility and vocational assistance, except as otherwise provided in these rules.
(3) Director’s discretion.

(a)

The director may waive procedural rules as justice requires, unless otherwise obligated by statute.

(b)

If the worker has returned to work with the employer at injury, the director reserves the right to verify whether the employment is suitable.
(4) Submitting documents or information, calculating time.

(a)

Documents or information required under these rules to be submitted to the division may be submitted in any of the following ways:

(A)

Mailed to the division’s mailing address with sufficient postage and placed in the custody of the U.S. Postal Service;

(B)

Physical delivery to the division’s Salem office;

(C)

Faxed, if the document transmitted indicates it has been delivered by fax, is sent to the correct fax number, and indicates the date it was sent; or

(D)

Any other method authorized by the director.

(b)

Timeliness of any document required by these rules to be submitted to the division is determined as follows:

(A)

If a document is mailed, it will be considered submitted on the date it is postmarked.

(B)

If a document is faxed, it must be received by 11:59 p.m. Pacific Time to be considered submitted on that date.

(C)

If a document is delivered, it must be delivered during regular business hours and marked as received to be considered submitted on that date.

(c)

Time periods allowed under these rules are calculated in calendar days. The first day is not included. The last day is included unless it is a Saturday, Sunday, or legal holiday. In that case, the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Legal holidays are those listed in ORS 187.010 (Legal holidays) and 187.020 (Additional legal holidays).
(5) Availability of forms. The forms and bulletins referenced in these rules are available on the division’s website at wcd.oregon.gov.

Source: Rule 436-120-0003 — General Provisions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0003.

436‑120‑0003
General Provisions 436‑120‑0005
Definitions 436‑120‑0008
Administrative Review and Hearings 436‑120‑0012
General Requirements For Notices and Warnings 436‑120‑0115
Vocational Eligibility Evaluation 436‑120‑0117
Deferral of Eligibility Evaluation 436‑120‑0145
Vocational Assistance Eligibility 436‑120‑0147
Establishing the Adjusted Weekly Wage 436‑120‑0157
Determining Substantial Handicap to Employment 436‑120‑0165
End of Eligibility for Vocational Assistance 436‑120‑0175
Redetermining Eligibility for Vocational Assistance 436‑120‑0177
Selection of Category of Vocational Assistance 436‑120‑0185
Choosing a Counselor 436‑120‑0187
Optional Services 436‑120‑0197
Direct Employment 436‑120‑0410
Determining a Vocational Goal 436‑120‑0443
Training — General 436‑120‑0445
Training Requirements 436‑120‑0500
Training: Development and Implementation 436‑120‑0510
Training Plan Support 436‑120‑0520
Responsibilities of the Worker and the Counselor 436‑120‑0523
Re-evaluating a Training Plan 436‑120‑0527
Ending a Training Plan 436‑120‑0530
Director Review of Return-to-Work Plan 436‑120‑0700
Direct Worker Purchases 436‑120‑0710
Direct Worker Purchases: Categories 436‑120‑0720
Fee Schedule 436‑120‑0755
Reimbursement from the Workers’ Benefit Fund 436‑120‑0800
Registration of Providers 436‑120‑0810
Certification and Classification of Provider Staff 436‑120‑0820
Renewal of Certification 436‑120‑0840
Professional Standards for Providers and Counselors 436‑120‑0900
Audits, Penalties and Sanctions 436‑120‑0915
Sanctions of Providers and Counselors
Last Updated

Jun. 8, 2021

Rule 436-120-0003’s source at or​.us