OAR 839-006-0105
Injured Workers: Definitions
(1)
“Attending physician” means a physician or physician’s assistant primarily responsible for the treatment of a worker’s on-the-job injury as described in ORS 656.005 (Definitions)(12).(2)
“Authorized nurse practitioner” means a nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided).(3)
“Bureau” means the Bureau of Labor and Industries.(4)
“Demand” means the injured worker informing the employer that the worker seeks reinstatement or reemployment.(5)
“Division” means the Civil Rights Division of the Bureau of Labor and Industries.(6)
“Injured worker” means a worker who has a compensable injury as defined in ORS 656.005 (Definitions)(7)(a). Injured worker, for purposes of 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), includes a worker who has invoked the protection of the Oregon Workers’ Compensation statutes. Injured worker, for the purposes of reinstatement rights under 659A.043 (Reinstatement of injured worker to former position), does not include:(a)
a worker hired on a temporary basis as a replacement for an injured worker;(b)
a seasonal worker hired for and actually employed for less than six months in a calendar year; or(c)
a worker whose employment at the time of the injury resulted from working short terms of employment as the result of referral by a hiring hall operating pursuant to a collective bargaining agreement.(7)
“Invoke,” as used in ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), includes, but is not limited to, a worker’s reporting of an on-the-job injury or a perception by the employer that the worker has been injured on the job or will report an injury.(8)
“Release to the former position” means a release to the position a worker held prior to an on-the-job injury as provided in ORS 659A.043 (Reinstatement of injured worker to former position).(9)
“Release to an available, suitable position” means a release to work that meets an injured worker’s medical restrictions and for which the worker possesses the necessary skills and abilities as provided in ORS 659A.046 (Reemployment of injured worker in other available and suitable work). An available, suitable position may vary in duties or hours from the worker’s former position and may be a different position or a modified version of the injured worker’s former position. An available, suitable position is paid at the rate normally paid by the employer for that position.(10)
“Supervisor” means a person exercising direct supervisory authority over a worker’s position.(11)
“Worker” means any person, including a minor, whether lawfully or unlawfully employed, engaged to furnish services for remuneration, subject to the direction and control of an employer. A worker also includes salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, whether or not the worker is supervised by the employer. For the purposes of ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), worker also includes an applicant for a job. A worker does not include any person whose services are performed as an inmate or ward of a state institution or any person whose services are performed as part of the eligibility requirements for a public assistance grant, as provided in 656.005 (Definitions)(30).
Source:
Rule 839-006-0105 — Injured Workers: Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-006-0105.