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: Section 656.319 — Time within which hearing must be requested, https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html.

See also annotations under ORS 656.262 (Notice; hearing requests).

Notes of Decisions

Failure of claimant’s attorney to file request for hearing is not excusable for good cause unless attorney’s reason for failing to file would be good cause if attributed to claimant. Sekermestrovich v. SAIF, 280 Or 723, 573 P2d 275 (1977); EBI Companies v. Lorence, 72 Or App 75, 695 P2d 61 (1985), Sup Ct review denied; Mendoza v. SAIF, 123 Or App 349, 859 P2d 582 (1993), Sup Ct review denied

Timely filing of request for hearing requires that request be received by board within time limit, not merely mailed. Bergeron v. Ontario Rendering Co., 34 Or App 1025, 580 P2d 216 (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)

“Notification” of denial occurs on date denial notice is deposited in mail, not date shown on body of denial notice. Madewell v. Salvation Army, 49 Or App 713, 620 P2d 953 (1980)

Where failure to make timely request for hearing was attributable to error by attorney’s employee not responsible for recognizing or correctly handling notice of decision, board was not precluded from finding that error was excusable neglect. Brown v. EBI Companies, 289 Or 455, 616 P2d 457 (1980); Ogden Aviation v. Lay, 142 Or App 469, 921 P2d 1321 (1996)

Where claimant requested hearing on or about same date claimant filed claim and did not renew request after claim was denied, request on sole question of whether claim should be accepted was premature and therefore ineffective. Syphers v. K-W Logging, Inc., 51 Or App 769, 627 P2d 24 (1981), Sup Ct review denied

Claimant’s request for hearing was timely filed where request followed all three determination orders for same claim within one year of issuance, even though request for hearing referred only to first two orders. Shaw v. SAIF, 63 Or App 239, 662 P2d 805 (1983), Sup Ct review denied

Where claimant mailed hearing request on 60th day, after insurer’s claims supervisor lead him to believe that that would protect his rights, and Workers’ Compensation Board received request on 61st day, there was no lack of diligence by claimant or prejudice to other party and late filing was excused by good cause. Voorhies v. Wood, Tatum, Mosser, 81 Or App 336, 725 P2d 405 (1986), Sup Ct review denied

Test for determining whether good cause exists has been equated to standard of “mistake, inadvertence, surprise or excusable neglect” recognized under former ORS 18.160 and present ORCP 71B. Voorhies v. Wood, Tatum, Mosser, 81 Or App 336, 725 P2d 405 (1986), Sup Ct review denied

Purported backup denial by employer did not require response where claim had been ordered accepted following hearing. Knapp v. Weyerhaeuser Co., 93 Or App 670, 763 P2d 746 (1988), Sup Ct review denied

Claimant had good cause for filing late where insurer had previously engaged in regular correspondence with attorney but mailed denial to claimant only. Cowart v. SAIF, 94 Or App 288, 765 P2d 226 (1988)

Where notice was properly sent, fact that claimant did not actually receive notice did not toll time limitation for requesting hearing. Wright v. Bekins Moving and Storage Co., 97 Or App 45, 775 P2d 857 (1989), Sup Ct review denied

Where claimant did not receive employer’s denial letter until 60-day period had run, claimant had good cause for filing hearing request late. Giusti Wine Co. v. Adams, 102 Or App 329, 794 P2d 451 (1990)

Where employer treated letter from claimant’s attorney as request for hearing, employer could not argue that claimant had failed to expressly request hearing. Morelock Wood Products v. Baur, 105 Or App 371, 804 P2d 519 (1991)

Where claimant reasonably left legal pursuit of claim to attorney, employer was aware that claimant was represented by counsel, but employer failed to mail notice of denial to attorney, claimant demonstrated “good cause” for failure to request hearing within 60 days. Freres Lumber Co. v. Jegglie, 106 Or App 27, 806 P2d 164 (1991)

Request for hearing must be referable to particular denial. Guerra v. SAIF, 111 Or App 579, 826 P2d 1034 (1992)

Referee has subject matter jurisdiction over case even if request for hearing is subject to denial as untimely. SAIF v. Roles, 111 Or App 597, 826 P2d 1039 (1992), Sup Ct review denied

Appellate court review of good cause determination is limited to seeing whether determination is within range of discretion delegated to board. Ogden Aviation v. Lay, 142 Or App 469, 921 P2d 1321 (1996)

Mental problem that is less than incompetency can satisfy requirement of “good cause” for filing during period after 60 days and not later than 180 days. SAIF v. Avery, 167 Or App 327, 999 P2d 1216 (2000), Sup Ct review denied

Where insurer accepts claim but fails to process claim to closure, “inaction” triggering two-year time limit for requesting hearing occurs when insurer fails to timely respond to claimant’s written request for closure. French-Davis v. Grand Central Bowl, 186 Or App 280, 62 P3d 865 (2003)

Lack of diligence that defeats showing of good cause for untimely request for hearing is lack of diligence in requesting hearing on denial of claim. Snyder v. Interstate Distributor Company, 246 Or App 130, 265 P3d 45 (2011)

Standard to determine “good cause” for untimely hearing request is analogous to ORCP 71 standard of “mistake, inadvertence, surprise, or excusable neglect,” construed liberally to avoid depriving a party of the opportunity to be heard. Goodwin v. Universal Media-NBC Universal, 298 Or. App, 475, 448 P3d 1168 (2019)

Law Review Citations

32 WLR 217 (1996)

656.001
Short title
656.003
Application of definitions to construction of chapter
656.005
Definitions
656.006
Effect on employers’ liability law
656.008
Extension of laws relating to workers’ compensation to federal lands and projects within state
656.010
Treatment by spiritual means
656.012
Findings and policy
656.017
Employer required to pay compensation and perform other duties
656.018
Effect of providing coverage
656.019
Civil negligence action for claim denied on basis of failure to meet major contributing cause standard
656.020
Damage actions by workers against noncomplying employers
656.021
Coverage exception for laborers under contracts with construction and landscape contractor licensees
656.023
Who are subject employers
656.025
Individuals engaged in commuter ridesharing not subject workers
656.027
Who are subject workers
656.029
Obligation of person awarding contract to provide coverage for workers under contract
656.031
Coverage for municipal volunteer personnel
656.033
Coverage for participants in work experience or school directed professional training programs
656.035
Status of workers in separate occupations of employer
656.037
Exemption from coverage for persons engaged in certain real estate activities
656.039
Election of coverage for workers not subject to law
656.041
City or county may elect to provide coverage for adults in custody
656.043
Governmental agency paying wages responsible for providing coverage
656.044
State Accident Insurance Fund Corporation may insure liability under Longshoremen’s and Harbor Workers’ Compensation Act
656.046
Coverage of persons in college work experience and professional education programs
656.052
Prohibition against employment without coverage
656.054
Claim of injured worker of noncomplying employer
656.056
Subject employers must post notice of manner of compliance
656.070
Definitions for ORS 656.027, 656.070 and 656.075
656.075
Exemption from coverage for newspaper carriers
656.126
Coverage while temporarily in or out of state
656.128
Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer
656.132
Coverage of minors
656.135
Coverage of deaf school work experience trainees
656.138
Coverage of apprentices, trainees participating in related instruction classes
656.140
Coverage of persons operating equipment for hire
656.154
Injury due to negligence or wrong of a person not in the same employ as injured worker
656.156
Intentional injuries
656.160
Effect of incarceration on receipt of compensation
656.170
Validity of provisions of certain collective bargaining agreements
656.172
Applicability of and criteria for establishing program under ORS 656.170
656.174
Rules
656.202
Compensation payable to subject worker in accordance with law in effect at time of injury
656.204
Death
656.206
Permanent total disability
656.208
Death during permanent total disability
656.209
Offsetting permanent total disability benefits against Social Security benefits
656.210
Temporary total disability
656.211
“Average weekly wage” defined
656.212
Temporary partial disability
656.214
Permanent partial disability
656.216
Permanent partial disability
656.218
Continuance of permanent partial disability payments to survivors
656.222
Compensation for additional accident
656.225
Compensability of certain preexisting conditions
656.226
Cohabitants and children entitled to compensation
656.228
Payments directly to beneficiary or custodian
656.230
Lump sum award payments
656.232
Payments to aliens residing outside of United States
656.234
Compensation not assignable nor to pass by operation of law
656.236
Compromise and release of claim matters except for medical benefits
656.240
Deduction of benefits from sick leave payments paid to employees
656.245
Medical services to be provided
656.247
Payment for medical services prior to claim acceptance or denial
656.248
Medical service fee schedules
656.250
Limitation on compensability of physical therapist services
656.252
Medical report regulation
656.254
Medical report forms
656.256
Considerations for rules regarding certain rural hospitals
656.258
Vocational assistance service payments
656.260
Certification procedure for managed health care provider
656.262
Processing of claims and payment of compensation
656.263
To whom notices sent under ORS 656.262, 656.265, 656.268 to 656.289, 656.295 to 656.325 and 656.382 to 656.388
656.264
Compensable injury, denied claim and other reports
656.265
Notice of accident from worker
656.266
Burden of proving compensability and nature and extent of disability
656.267
Claims for new and omitted medical conditions
656.268
Claim closure
656.273
Aggravation for worsened conditions
656.277
Request for reclassification of nondisabling claim
656.278
Board has continuing authority to alter earlier action on claim
656.283
Hearing rights and procedure
656.285
Protection of witnesses at hearings
656.287
Use of vocational reports in determining loss of earning capacity at hearing
656.289
Orders of Administrative Law Judge
656.291
Expedited Claim Service
656.295
Board review of Administrative Law Judge orders
656.298
Judicial review of board orders
656.304
When acceptance of compensation precludes hearing
656.307
Determination of issues regarding responsibility for compensation payment
656.308
Responsibility for payment of claims
656.310
Presumption concerning notice of injury and self-inflicted injuries
656.313
Stay of compensation pending request for hearing or review
656.319
Time within which hearing must be requested
656.325
Required medical examination
656.327
Review of medical treatment of worker
656.328
List of authorized providers and standards of professional conduct for providers of independent medical examinations
656.331
Contact, medical examination of worker represented by attorney prohibited without written notice
656.340
Vocational assistance procedure
656.360
Confidentiality of worker medical and vocational claim records
656.362
Liability for disclosure of worker medical and vocational claim records
656.382
Penalties and attorney fees payable by insurer or employer in processing claim
656.383
Attorney fees in cases prior to decision or after request for hearing
656.385
Attorney fees in cases regarding certain medical service or vocational rehabilitation matters
656.386
Recovery of attorney fees, expenses and costs in appeal on denied claim
656.388
Approval of attorney fees required
656.390
Frivolous appeals, hearing requests or motions
656.403
Obligations of self-insured employer
656.407
Qualifications of insured employers
656.419
Workers’ compensation insurance contracts
656.423
Cancellation of coverage by employer
656.427
Termination of workers’ compensation insurance contract or surety bond liability by insurer
656.430
Certification of self-insured employer
656.434
Certification effective until canceled or revoked
656.440
Notice of certificate revocation
656.441
Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by certain decertified self-insured employer groups
656.443
Procedure upon default by employer or self-insured employer group
656.445
Advancement of funds from Workers’ Benefit Fund for compensation due workers insured by insurer in default
656.447
Sanctions against insurer for failure to comply with contracts, orders or rules
656.455
Self-insured employers to process claims and make records available at authorized locations
656.502
“Fiscal year” defined
656.504
Rates, charges, fees and reports by employers insured by State Accident Insurance Fund Corporation
656.505
Estimate of payroll when employer fails to file payroll report
656.506
Assessments for programs
656.508
Authority to fix premium rates for employers
656.526
Distribution of dividends from surplus in Industrial Accident Fund
656.536
Premium charges for coverage of reforestation cooperative workers based on prevailing wage
656.552
Deposit of cash, bond or letter of credit to secure payment of employer’s premiums
656.554
Injunction against employer failing to comply with deposit requirements
656.556
Liability of person letting a contract for amounts due from contractor
656.560
Default in payment of premiums, fees, assessments or deposit
656.562
Moneys due Industrial Accident Fund as preferred claims
656.564
Lien for amounts due from employer on real property, improvements and equipment on or with which labor is performed by workers of employer
656.566
Lien on property of employer for amounts due
656.576
“Paying agency” defined
656.578
Workers’ election whether to sue third person or noncomplying employer for damages
656.580
Payment of compensation notwithstanding cause of action for damages
656.583
Paying agency may compel election and prompt action
656.587
Paying agency must join in any compromise
656.591
Election not to bring action operates as assignment of cause of action
656.593
Procedure when worker or beneficiary elects to bring action
656.595
Precedence of cause of action
656.596
Damage recovery as offset against compensation
656.602
Disbursement procedures
656.605
Workers’ Benefit Fund
656.612
Assessments for department activities
656.614
Self-Insured Employer Adjustment Reserve
656.622
Reemployment Assistance Program
656.625
Reopened Claims Program
656.628
Workers with Disabilities Program
656.630
Oregon Institute of Occupational Health Sciences funding
656.632
Industrial Accident Fund
656.634
Trust fund status of Industrial Accident Fund
656.635
Reserve accounts in Industrial Accident Fund
656.636
Reserves in Industrial Accident Fund for awards for permanent disability or death
656.640
Creation of reserves
656.642
Emergency Fund
656.644
Petty cash funds
656.702
Disclosure of records of corporation, department and insurers
656.704
Actions and orders regarding matters concerning claim and matters other than matters concerning claim
656.708
Hearings Division
656.709
Ombudsman for injured workers
656.712
Workers’ Compensation Board
656.714
Removal of board member
656.716
Board members not to engage in political or business activity that interferes with duties as board member
656.718
Chairperson
656.720
Prosecution and defense of actions by Attorney General and district attorneys
656.722
Authority to employ subordinates
656.724
Administrative Law Judges
656.725
Duties and status of Administrative Law Judges
656.726
Duties and powers to carry out workers’ compensation and occupational safety laws
656.727
Rules for administration of benefit offset
656.730
Assigned risk plan
656.732
Power to compel obedience to subpoenas and punish for misconduct
656.735
Civil penalty for noncomplying employers
656.740
Review of proposed order declaring noncomplying employer or nonsubjectivity determination
656.745
Civil penalty for inducing failure to report claims
656.751
State Accident Insurance Fund Corporation created
656.752
State Accident Insurance Fund Corporation
656.753
State Accident Insurance Fund Corporation exempt from certain financial administration laws
656.754
Manager
656.758
Inspection of books, records and payrolls
656.772
Annual audit of State Accident Insurance Fund Corporation by Secretary of State
656.774
Annual report by State Accident Insurance Fund Corporation to Secretary of State
656.776
Notice to Secretary of State regarding action on audit report
656.780
Certification and training of claims examiners
656.790
Workers’ Compensation Management-Labor Advisory Committee
656.794
Advisory committee on medical care
656.795
Informational materials for nurse practitioners
656.797
Certification by nurse practitioner of review of required materials
656.798
Duty of insurer, self-insured employer and self-insured employer group to provide information to director
656.799
Informational materials for other health care professionals
656.802
Occupational disease
656.804
Occupational disease as an injury under Workers’ Compensation Law
656.807
Time for filing of claims for occupational disease
656.850
License
656.855
Licensing system for worker leasing companies
656.990
Penalties
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