ORS 656.277
Request for reclassification of nondisabling claim

nondisabling claim procedure
attorney fees

Text
Annotations 2

(1)

(a)

A request for reclassification by the worker of an accepted nondisabling injury that the worker believes was or has become disabling must be submitted to the insurer or self-insured employer. The insurer or self-insured employer shall classify the claim as disabling or nondisabling within 14 days of the request. A notice of such classification shall be mailed to the worker and the worker’s attorney if the worker is represented. The worker may ask the Director of the Department of Consumer and Business Services to review the classification by the insurer or self-insured employer by submitting a request for review within 60 days of the mailing of the classification notice by the insurer or self-insured employer. If any party objects to the classification of the director, the party may request a hearing under ORS 656.283 (Hearing rights and procedure) within 30 days from the date of the director’s order.

(b)

If the worker is represented by an attorney and the attorney is instrumental in obtaining an order from the director that reclassifies the claim from nondisabling to disabling, the director may award the attorney a reasonable assessed attorney fee.

(2)

A request by the worker that an accepted nondisabling injury was or has become disabling shall be made pursuant to ORS 656.273 (Aggravation for worsened conditions) as a claim for aggravation, provided the claim has been classified as nondisabling for at least one year after the date of acceptance.

(3)

A claim for a nondisabling injury shall not be reported to the director by the insurer or self-insured employer except:

(a)

When a notice of claim denial is filed;

(b)

When the status of the claim is as described in subsection (1) or (2) of this section; or

(c)

When otherwise required by the director. [1990 c.2 §48; 1995 c.332 §32; 1999 c.313 §3; 2001 c.350 §2; 2015 c.521 §3]

Note: The amendments to 656.277 (Request for reclassification of nondisabling claim) by section 3, chapter 47, Oregon Laws 2021, become operative July 1, 2023. See section 4, chapter 47, Oregon Laws 2021. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience.

656.277 (Request for reclassification of nondisabling claim). (1)(a) A request for reclassification by the worker of an accepted nondisabling injury that the worker believes was or has become disabling must be submitted to the insurer or self-insured employer. The insurer or self-insured employer shall classify the claim as disabling or nondisabling within 14 days of the request. A notice of such classification shall be mailed to the worker and the worker’s attorney if the worker is represented. The worker may ask the Director of the Department of Consumer and Business Services to review the classification by the insurer or self-insured employer by submitting a request for review within 60 days of the mailing of the classification notice by the insurer or self-insured employer. If any party objects to the classification of the director, the party may request a hearing under ORS 656.283 (Hearing rights and procedure) within 30 days from the date of the director’s order.

(b)

(2)

(3)

An insurer or a self-insured employer shall report a claim for a nondisabling injury to the director in the manner the director prescribes by rule.

Note: See second note under 656.262 (Processing of claims and payment of compensation).

Note: 656.277 (Request for reclassification of nondisabling claim) was added to and made a part of ORS chapter 656 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 656.277 — Request for reclassification of nondisabling claim; nondisabling claim procedure; attorney fees, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.

Notes of Decisions

Employer may accept aggravation claim without accepting injury as disabling. Rogers v. Hewlett-Packard Co., 153 Or App 436, 960 P2d 871 (1998)

Challenge of initial classification must be processed as aggravation claim if challenge is made more than one year following injury. Alcantar-Baca v. Liberty Northwest Insurance Corp., 161 Or App 49, 983 P2d 1038 (1999)

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

ORS 656.277 Request for reclassification of nondisabling claim

(1)

(a)

(b)

(2)

(3)

(a)

(b)

(c)

(b)

(2)

(3)

Notes of Decisions

ORS 656.277
Request for reclassification of nondisabling claim