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

Rule Rule 438-005-0040
General Definitions

(1)

“Administrative Law Judge” means an individual appointed by the Board to perform the duties, functions and powers provided in ORS 654, 655 and 656, and such other duties, functions and powers as may be prescribed by the Board.

(2)

“Aggravation” means an actual worsening of the compensable condition(s) after the last award or arrangement of compensation, which is established by medical evidence supported by objective findings, and otherwise satisfies the statutory requirements of ORS 656.273 (Aggravation for worsened conditions).

(3)

“Aggravation rights” means the time periods specified in ORS 656.273 (Aggravation for worsened conditions) during which an injured worker is entitled to additional compensation for worsened conditions as a matter of right.

(4)

“Board” means the Workers’ Compensation Board.

(5)

“Claimant” means an injured worker or any other person entitled to initiate or continue a claim for compensation.

(6)

“Director” means the Director of the Department of Consumer & Business Services or his/her designee.

(7)

“Due diligence” means the diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.

(8)

“Hearings Division” means the Hearings Division of the Workers’ Compensation Board.

(9)

“Insurer” means the State Accident Insurance Fund Corporation, an insurer authorized under ORS Chapter 731 (Administration and General Provisions) to transact workers’ compensation insurance in this state, or, except where the context requires otherwise, an assigned claims agent in cases under ORS 656.054 (Claim of injured worker of noncomplying employer).

(10)

“Party” means a claimant, an employer, including a noncomplying employer, an assigned claims agent in cases under ORS 656.054 (Claim of injured worker of noncomplying employer), and an insurer.

(11)

“Self-insured employer” means an employer or group of employers certified under ORS 656.430 (Certification of self-insured employer) as meeting the qualifications set out in 656.407 (Qualifications of insured employers).

(12)

“Workers’ Compensation Division” means the Workers’ Compensation Division of the Department of Consumer and Business Services.
Source

Last accessed
Jun. 8, 2021

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