Determination of issues regarding responsibility for compensation payment
- mediation or arbitration procedure
- rules
Source:
Section 656.307 — Determination of issues regarding responsibility for compensation payment; mediation or arbitration procedure; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Where more than one injury is capable of causing temporary total disability, proration of benefits between responsible parties is appropriate. Jackson v. SAIF, 7 Or App 109, 490 P2d 507 (1971)
Where claimant failed to timely appeal from denial of aggravation claim by current insurer, insurer covering initial injury was not entitled to reimbursement from current insurer because initial-injury insurer’s claim for reimbursement was derivative of claimant right. Saltmarsh v. A. T. Industries, Inc., 35 Or App 763, 583 P2d 4 (1978), Sup Ct review denied
Where issue is allocation of responsibility among insurers rather than compensability of claim, claimant need not appeal nonresponsibility finding in favor of particular insurer to protect claim right in event of later reallocation. Hanna v. McGrew Bros. Sawmill, 44 Or App 189, 605 P2d 724 (1980), modified 45 Or App 757, 609 P2d 422 (1980)
Settlement entered into under ORS 656.289 by one insurer and claimant on issue of responsibility after issuance of order was invalid where there was dispute as to which insurer was responsible for claimant’s injury or condition. J.C. Compton Co. v. DeGraff, 52 Or App 317, 628 P2d 437 (1981), Sup Ct review denied, as modified by 52 Or App 1023, 630 P2d 895 (1981)
Penalties or attorney fees are not available where insurer unreasonably delays request to designate paying agent. EBI Companies v. Thomas, 66 Or App 105, 672 P2d 1241 (1983)
Where one party accepts claim after denial by another party, requirement of determination of responsible paying party is satisfied and department has authority to order payment of reimbursement for interim compensation. Liberty Northwest Ins. Corp. v. SAIF, 99 Or App 729, 784 P2d 123 (1989)
Notified insurer that knows of potential dispute over responsibility for claim has obligation to join other potentially responsible insurers and may not avoid responsibility by failing to join other insurers. Dennis Uniform Manufacturing v. Teresi, 115 Or App 248, 837 P2d 984 (1992), modified 119 Or App 447, 851 P2d 620 (1993)
Insurer acquiescence to designation of paying agent does not constitute acceptance of claim. Taylor v. Masonry Builders, Inc., 127 Or App 230, 872 P2d 442 (1994), Sup Ct review denied
Attorney fee limitation under ORS 656.308 does not apply in determining reasonable attorney fee for claimant’s attorney under this section. Dean Warren Plumbing v. Brenner, 150 Or App 422, 946 P2d 356 (1997)
Administrative system for assigning claim payment responsibility does not divest circuit court of jurisdiction over unjust enrichment action arising out of payment on mistakenly accepted claim. Specialty Risk Services v. Royal Indemnity Co., 213 Or App 620, 164 P3d 300 (2007)
Law Review Citations
23 WLR 441, 457 (1987); 24 WLR 363 (1988); 32 WLR 217 (1996)
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