Workers’ Compensation

ORS 656.287
Use of vocational reports in determining loss of earning capacity at hearing

  • rules

(1)

Where there is an issue regarding loss of earning capacity, reports from vocational consultants employed by governmental agencies, insurers or self-insured employers, or from private vocational consultants, regarding job opportunities, the fitness of claimant to perform certain jobs, wage levels, or other information relating to claimant’s employability shall be admitted into evidence at compensation hearings, provided such information is submitted to claimant 10 days prior to hearing and that upon demand from the adverse party the person preparing such report shall be made available for testimony and cross-examination.

(2)

The Workers’ Compensation Board shall establish rules to govern the admissibility of reports from vocational experts, including guidelines to establish the competency of vocational experts. [1973 c.581 §§1,2; 1985 c.600 §10]

Notes of Decisions

This section does not mandate exclusion of report received by party less than 10 days before hearing. Peter Kiewit & Sons v. Leigh, 116 Or App 76, 840 P2d 1360 (1992)

Right to introduce evidence at hearing is conditioned by ORS 656.283 requirement that evidence at appeal level be limited to evidence presented at reconsideration. Rogue Valley Medical Center v. McClearen, 152 Or App 239, 952 P2d 1048 (1998), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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