1. (1) Purpose.

   1. (a) The rules in OAR 436-105 explain who qualifies for and how to request assistance and reimbursements from the Employer-at-Injury Program.
   2. (b) The Employer-at-Injury Program encourages the early return to work of injured workers by providing incentives from the Workers’ Benefit Fund to employers.
   3. (c) The Employer-at-Injury Program is activated by the employer and administered by the insurer.

   4. (d) The purpose of Employer-at-Injury Program assistance is to:

      1. (A) Enable the worker to perform transitional work within the worker’s limitations that resulted in the worker’s eligibility for the Employer-at-Injury Program;
      2. (B) Prevent a worsening of the worker’s compensable injury or occupational disease; or
      3. (C) If the claim has not been accepted or denied, prevent a worsening of the claimed workers’ compensation injury or occupational disease.

2. (2) Applicability.

   1. (a) These rules apply to:

      1. (A) All individual employer-at-injury programs started on or after the effective date of these rules, unless otherwise provided in paragraph (B) or (C) of this subsection;
      2. (B) All wage subsidy reimbursement requests when the wage subsidy period began on or after the effective date of these rules; and
      3. (C) All reimbursement requests received by the division on or after the effective date of these rules for worksite modification or program purchases, regardless of when the purchase was made.
   2. (b) The director may waive procedural rules as justice requires, unless otherwise obligated by statute.

Statutory/Other Authority

ORS 656.622 & 656.726(4)

Statutes/Other Implemented

ORS 656.622

History

WCD 11-2019, amend filed 12/18/2019, effective 01/01/2020
WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 3-2013, f. 4-12-13, cert. ef. 7-1-13
WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12
WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10
WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07
WCD 4-2005, f. 5-26-05, cert. ef. 7-1-05
WCD 8-2004, f. 7-15-04, cert. ef. 8-1-04
WCD 4-2004(Temp), f. 3-22-04, cert. ef. 4-1-04 thru 9-27-04
WCD 5-2003, f. 5-16-03, cert. ef. 6-8-03
WCD 12-2002(Temp), f. & cert. ef. 12-11-02 thru 6-8-03
WCD 7-2001, f. 8-14-01, cert. ef. 10-1-01