OAR 436-120-0117
Deferral of Eligibility Evaluation

(1)

Deferral of eligibility evaluation. The eligibility evaluation may be deferred when all of the following circumstances exist:

(a)

The employer at injury has activated Preferred Worker Program benefits under OAR 436-110;

(b)

The employer has made a written job offer to the worker that includes the following information:

(A)

The start date;

(B)

Wage and hours;

(C)

Job site location;

(D)

Description of job duties that includes physical requirements; and

(E)

A statement that the job does not begin until any modifications are in place;

(c)

The worker has agreed in writing to accept the new or modified job; and

(d)

If the new or modified job needs worksite modifications to enable the worker to perform the job duties within the worker’s injury-caused limitations:

(A)

The modifications are in progress but not yet complete and the worker is working in a temporary modified position with the employer at injury that accommodates the worker’s restrictions; or

(B)

The worksite modifications are in place and the worker is working in and receiving payment for the new or modified job.

(2)

Notice of deferral.

(a)

When the eligibility evaluation process is deferred under this rule, the insurer must mail the worker a NOTICE OF DEFERRAL OF VOCATIONAL ASSISTANCE ELIGIBILITY EVALUATION.

(b)

The notice must be mailed within five days of the date the conditions in section (1) exist.

(c)

The notice must:

(A)

Inform the worker that the eligibility evaluation has been deferred because the employer at injury has activated preferred worker benefits;

(B)

Inform the worker that, if the job with the employer at injury does not begin on the date stated in the job offer letter, the worker can ask the insurer to resume the eligibility evaluation process; and

(C)

Include the following language in bold type:
“If you have questions about the deferral of the process for determining your eligibility for vocational assistance, contact [use appropriate reference to the insurer]. If you still have questions contact the Workers’ Compensation Division’s toll free number 1-800-452-0288.”

(3)

Resumption of eligibility evaluation process. If the eligibility evaluation has been deferred under this rule, the insurer must resume the process within 14 days of:

(a)

A determination that preferred worker benefits will not be provided;

(b)

Termination of the Preferred Worker Program agreement;

(c)

Termination of the job offer; or

(d)

The temporary modified position ends and the worksite modifications are still in progress.

Source: Rule 436-120-0117 — Deferral of Eligibility Evaluation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0117.

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 436-120-0117’s source at or​.us