For claims having a date of injury prior to January 1, 2005, which involve unscheduled body parts, areas, or systems as defined by OAR 436-035-0005, and all claims with dates of injury on or after January 1, 2005, an award of permanent partial disability is subject to periodic examination and adjustment under ORS 656.268 and 656.325 and in accordance with the following conditions:

1. (1) Requests for review and adjustment must be made in writing to the division.
2. (2) The party requesting review of permanent disability must send a copy of the request to all involved parties at the time the request is made. The worker may submit any information in rebuttal.
3. (3) All pertinent medical, vocational, and other applicable evidence must be submitted with the request, including sufficient information to determine the extent of permanent partial disability. The request must state the basis for the request and provide supporting evidence. If the director finds that the worker has failed to accept treatment as provided in this rule, the director will make any necessary adjustments allowed under OAR 436-035.
4. (4) The basis for the request for adjustment in the permanent disability award must be asserted to be failure of the worker to make a reasonable effort to reduce the disability.

Statutory/Other Authority

ORS 656.268, 656.726, OL Ch. 332 1995 & OL Ch. 313 1999

Statutes/Other Implemented

ORS 656.268, 656.726, OL Ch. 332 1995, OL Ch. 313 1999, 656.325 & 656.331

History

WCD 3-2020, amend filed 02/07/2020, effective 03/01/2020
WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05
WCD 2-2004, f. 2-19-04 cert. ef. 2-29-04
WCD 9-2000, f. 11-13-00, cert. ef. 1-1-01
WCD 17-1997, f. 12-22-97, cert. ef. 1-15-98
WCD 8-1996, f. 2-14-96, cert. ef. 2-17-96
WCD 12-1994, f. 11-18-94, cert. ef. 1-1-95
WCD 31-1990, f. 12-10-90, cert. ef. 12-26-90
WCD 5-1990(Temp), f. 6-18-90, cert. ef. 7-1-90