OAR 438-012-0050
Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies

(1)

The Board will act promptly upon a request for relief under the provisions of ORS 656.278 (Board has continuing authority to alter earlier action on claim) and these rules unless:

(a)

The claimant has available administrative remedies under the provisions of ORS 656.273 (Aggravation for worsened conditions);

(b)

The claimant’s condition is the subject of a contested case under ORS 656.283 (Hearing rights and procedure) through 656.298 (Judicial review of board orders), 656.307 (Determination of issues regarding responsibility for compensation payment) or 656.308 (Responsibility for payment of claims), or an arbitration or mediation proceeding under 656.307 (Determination of issues regarding responsibility for compensation payment); or

(c)

The claimant’s request for payment of temporary disability compensation is based on surgery or hospitalization or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the claimant to return to work that is the subject of either a managed care dispute resolution review process or a Director’s medical review under ORS 656.245 (Medical services to be provided), 656.260 (Certification procedure for managed health care provider) or 656.327 (Review of medical treatment of worker).

(2)

The Board may postpone its review of the merits of the claimant’s request for relief if the available remedies set forth in section (1) of this rule could affect the Board’s authority to award compensation under the provisions of ORS 656.278 (Board has continuing authority to alter earlier action on claim).

Source: Rule 438-012-0050 — Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies, https://secure.sos.state.or.us/oard/view.action?ruleNumber=438-012-0050.

438‑012‑0001
Definitions 438‑012‑0016
Communication with Board and Parties in Own Motion Cases 438‑012‑0017
Written Argument and Other Documents 438‑012‑0018
Applicability of Rules 438‑012‑0020
Insurer to Process Own Motion Claim: Notice and Contents of Claim 438‑012‑0030
Insurer Recommendation of Reopening or Denial of Claim Voluntarily Reopening 438‑012‑0031
Notification of Pending Proceedings 438‑012‑0032
Consent to Designation of Paying Agent 438‑012‑0035
Temporary Disability Compensation 438‑012‑0036
Permanent Disability Compensation 438‑012‑0037
Payment of Medical Benefits 438‑012‑0040
Action by Board after Insurer Recommendation 438‑012‑0050
Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies 438‑012‑0055
Closure of Claims Reopened Under ORS 656.278 438‑012‑0060
Board Review of Insurer Closure 438‑012‑0061
Board Review of Voluntary Reopening of an Own Motion Claim 438‑012‑0062
Referral of Request for Enforcement of Board’s Own Motion Order to Hearings Division 438‑012‑0065
Reconsideration of Own Motion Orders 438‑012‑0110
Penalty for Unreasonable Failure to Comply or Untimely Compliance with Board Own Motion Rules

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 438-012-0050 Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies

(1)

(a)

(b)

(c)

(2)

OAR 438-012-0050
Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies