Oregon Department of Consumer and Business Services, Workers' Compensation Board

Rule Rule 438-005-0035
Board Policy


It is the policy of the Board to expedite claim adjudication and amicably dispose of controversies, while providing for access to adequate representation for injured workers. In accordance with ORS 656.012 (Findings and policy)(3), these rules shall be interpreted in an impartial and balanced manner. The overriding principle is substantial justice.


With respect to postponement or continuance of hearings under OAR 438-006-0081 (Postponement of Hearings) and 438-006-0091 (Continuances), substantial justice requires consideration of the relative financial hardship of the parties.


The unrepresented party shall not be held strictly accountable for failure to comply with these rules. Any individual who undertakes to represent a party in proceedings under these rules shall be required to comply with these rules.


It is the policy of the Board to promote the full and complete disclosure of a party’s specific position concerning the issues raised and relief requested in a specification of issues under OAR 438-006-0031 (Specification of Issues) and in a response under 438-006-0036 (Response). However, it is not the intent of this policy to create binding admissions on behalf of any party, but to clarify the scope of the matters to be litigated.


The Board recognizes the complexity of disputed claims and the time limitations concerning the scheduling and litigation process for such claims. Consistent with this recognition, as factual, medical, and legal aspects of disputed issues evolve, the amendment of issues, relief requested, theories, and defenses may be allowed as prescribed in OAR 438-006-0031 (Specification of Issues)(2) and 438-006-0036 (Response)(2).

Last accessed
Jun. 8, 2021