ORS 656.319
Time within which hearing must be requested


(1)

With respect to objection by a claimant to denial of a claim for compensation under ORS 656.262 (Processing of claims and payment of compensation), a hearing thereon shall not be granted and the claim shall not be enforceable unless:

(a)

A request for hearing is filed not later than the 60th day after the mailing of the denial to the claimant; or

(b)

The request is filed not later than the 180th day after mailing of the denial and the claimant establishes at a hearing that there was good cause for failure to file the request by the 60th day after mailing of the denial.

(2)

Notwithstanding subsection (1) of this section, a hearing shall be granted even if a request therefor is filed after the time specified in subsection (1) of this section if the claimant can show lack of mental competency to file the request within that time. The period for filing under this subsection shall not be extended more than five years by lack of mental competency, nor shall it extend in any case longer than one year after the claimant regains mental competency.

(3)

With respect to subsection (2) of this section, lack of mental competency shall apply only to an individual suffering from such mental disorder, mental illness or nervous disorder as is required for commitment or voluntary admission to a treatment facility pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.223 (Retaking persons in custody of or committed to Oregon Health Authority) and 426.241 (Payment of care, custody and treatment costs) to 426.380 (Availability of writ of habeas corpus) and the rules of the Oregon Health Authority.

(4)

With respect to objections to a reconsideration order under ORS 656.268 (Claim closure), a hearing on such objections shall not be granted unless a request for hearing is filed within 30 days after the copies of the reconsideration order were mailed to the parties.

(5)

With respect to objection by a claimant to a notice of refusal to close a claim under ORS 656.268 (Claim closure), a hearing on the objection shall not be granted unless the request for hearing is filed within 60 days after copies of the notice of refusal to close were mailed to the parties.

(6)

A hearing for failure to process or an allegation that the claim was processed incorrectly shall not be granted unless the request for hearing is filed within two years after the alleged action or inaction occurred.

(7)

With respect to objection by a claimant to a notice of closure issued under ORS 656.206 (Permanent total disability), a hearing on the objection shall not be granted unless the request for hearing is filed within 60 days after the notice of closure was mailed to the claimant. [1965 c.285 §41a; 1969 c.206 §1; 1975 c.497 §4; 1983 c.819 §1; 1987 c.884 §14; 1990 c.2 §24; 1995 c.332 §39; 2005 c.461 §6; 2009 c.595 §1041]

Source
Last accessed
May. 15, 2020