Claim of injured worker of noncomplying employer
- procedure for disputing acceptance of claim
- recovery of costs from noncomplying employer
- restrictions
Source:
Section 656.054 — Claim of injured worker of noncomplying employer; procedure for disputing acceptance of claim; recovery of costs from noncomplying employer; restrictions, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html
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Notes of Decisions
Liability as insurer for noncomplying employer confers standing to seek review of disputed claim settlement between employer and worker. Trojan Concrete v. Tallant, 107 Or App 429, 812 P2d 433 (1991), Sup Ct review denied
Where wrong party is identified as noncomplying employer due to insurer error, backup denial cannot be issued if denial would result in lack of coverage. Garcia v. SAIF, 108 Or App 653, 816 P2d 1188 (1991)
Claim need not be compensable for department to recover cost of claim processing from noncomplying employer. Director of Dept. of Ins. and Finance v. Brimhall, 123 Or App 590, 860 P2d 884 (1993)
Noncomplying employer may not challenge validity of employee claim in defense of recovery action by Department of Consumer and Business Services. Director of DCBS v. J. M. Marson Co., Inc., 151 Or App 355, 949 P2d 318 (1997)