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

Rule Rule 438-011-0045
Third Party Orders


(1)

Any party requesting the Board’s resolution of a controversy arising under the third party law, ORS 656.576 (“Paying agency” defined) through 656.596 (Damage recovery as offset against compensation), shall petition the Board for relief. The party requesting relief is the petitioner and all other parties are respondents.

(2)

The petition shall clearly identify the party seeking relief, shall clearly state the relevant facts and the nature of the dispute and shall specify the relief sought. All relevant evidence shall be attached to the petition. Testimonial evidence shall be by deposition, affidavit or written interrogatories. True copies of the petition and all attachments shall be served on all other parties to the dispute.

(3)

The Board shall acknowledge receipt of the petition to all named parties. The respondent(s) shall be allowed 21 days to file evidence and argument in response to the petition. The petitioner shall be allowed 14 days to file a reply argument. The time for filing may be extended by the Board upon motion of a party. The Board will issue its order within a reasonable time after all argument and evidence has been filed.

(4)

Settlement documents in civil actions under ORS 656.576 (“Paying agency” defined) through 656.596 (Damage recovery as offset against compensation) shall not be submitted to the Board unless there is a dispute requiring resolution by the Board.
Source

Last accessed
Jun. 8, 2021