1. (1) Unless a term is defined in these rules or the context otherwise requires, the definitions of ORS chapter 656 and ORS 183.310 are incorporated by reference and made a part of these rules.

2. (2) For the purpose of these rules:

   1. (a) “Administrative law judge” means an administrative law judge appointed by the Workers’ Compensation Board, as defined in OAR 438-005-0040.
   2. (b) “Board” means the Workers’ Compensation Board and includes its Hearings Division.
   3. (c) “Delivered” means physical delivery to the division’s Salem office during regular business hours.
   4. (d) “Director” means the director of the Department of Consumer and Business Services or the director’s designee.
   5. (e) “Division” means the Workers’ Compensation Division of the Department of Consumer and Business Services.
   6. (f) “Filed” means mailed, faxed, emailed, delivered, or otherwise submitted to the division in a method allowable under these rules.
   7. (g) “Final order” means a final, written action of the director.
   8. (h) “Mailed” means addressed to the last known address, with sufficient postage and placed in the custody of the U.S. Postal Service.
   9. (i) “Party” refers to a party to the hearing and may include, but is not limited to, a worker, an employer, an insurer, a self-insured employer, a managed care organization, a medical provider, or the division.
   10. (j) “Proposed and final order” means an order subject to revision by the director that becomes final unless exceptions are timely filed or the director issues a notice of intent to review the proposed and final order.

Statutory/Other Authority

ORS 656.726(4)

Statutes/Other Implemented

ORS 656.704 & ORS 183

History

WCD 1-2019, amend filed 03/11/2019, effective 04/01/2019
WCD 4-2018, amend filed 03/15/2018, effective 04/01/2018
WCD 9-2015, f. 12-10-15, cert. ef. 1-1-16
WCD 7-2012, f. 11-16-12, cert. ef. 12-28-12
WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08
WCD 7-2005, f. 10-20-05, cert. ef. 1-2-06
WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04
WCD 8-1998, f. 8-10-98, cert. ef. 9-15-98
WCD 7-1996, f. & cert. ef. 2-12-96
Suspended by WCD 17-1995(Temp), f. & cert. ef. 11-2-95
WCD 6-1995(Temp), f. & cert. ef. 7-14-95
WCD 9-1992, f. & cert. ef. 5-22-92