1. (1) Insurer participation. The insurer of the employer at injury must be an active participant in providing re-employment assistance under the Preferred Worker Program.

2. (2) Notice of assistance available. The insurer must notify the worker and employer at injury in writing of the assistance available from the Preferred Worker Program. A notice must be issued:

   1. (a) Within five days of the worker being declared medically stationary;
   2. (b) Upon determination of the worker’s eligibility or ineligibility for vocational assistance under ORS 656.340 and OAR 436-120; and
   3. (c) Upon approval of a claim disposition agreement.

3. (3) Required notice language.

   1. (a) The notice to the worker required by section (2) of this rule must be in bold type and contain the following language:

      The Preferred Worker Program helps Oregon’s injured workers get back to work. To find out whether you qualify, contact the Preferred Worker Program. Call: 503-947-7588 or 800-445-3948 (toll-free) Fax: 503-947-7581 Or write the Preferred Worker Program at P.O. Box 14480, Salem, Oregon 97309-0405 or pwp.oregon@dcbs.oregon.gov.

   2. (b) The notice to the employer at injury required by section (2) of this rule must be in bold type and contain the following language:

      As the employer of an injured worker, you may be eligible for valuable Preferred Worker Program incentives if the worker cannot return to regular work and has permanent restrictions caused by the injury. If the worker’s Preferred Worker Program eligibility has not been determined, you may contact the Workers’ Compensation Division for an eligibility review. To be eligible for exemption from paying workers’ compensation premiums for this worker for three years, you must: Bring back your preferred worker to a new or modified job; and Notify the Workers’ Compensation Division within 90 days of the date the worker is determined eligible or within 90 days of the date you bring the worker back to work, whichever is later. To request all other Preferred Worker Program benefits, you must contact the Workers’ Compensation Division within 180 days of the worker’s claim closure date. To find out more about the Preferred Worker Program, contact the program. Call: 503-947-7588 or 800-445-3948 (toll-free) Fax: 503-947-7581 Or write the Preferred Worker Program at P.O. Box 14480, Salem, Oregon 97309-0405 or pwp.oregon@dcbs.oregon.gov.

4. (4) Reporting information to the division. The insurer must provide the division with preferred worker information upon the following:

   1. (a) Claim closure according to ORS 656.268, by submitting Form 1503, "Insurer Notice of Closure Summary," as prescribed by OAR 436-030-0015(1);
   2. (b) Within 30 calendar days of an order on reconsideration, opinion and order of an administrative law judge, order on review by the board, decision of the Court of Appeals or Supreme Court, or stipulation between the parties that grants initial permanent disability after the latest opening of the worker’s claim; and
   3. (c) Approval of a claim disposition agreement, if documented medical evidence indicates permanent restrictions exist as a result of the injury or disease, and the worker is unable to return to regular work. If a claim disposition agreement is approved before the worker is medically stationary, the insurer must continue to process the claim to medically stationary for purposes of the Preferred Worker Program.

Statutory/Other Authority

ORS 656.622 & ORS 656.726(4)

Statutes/Other Implemented

ORS 656.622 & ORS 656.726(4)

History

WCD 16-2021, amend filed 11/24/2021, effective 01/01/2022
WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 5-2012, f. 10-3-12, cert. ef. 11-1-12
WCD 4-2010, f. 9-15-10, cert. ef. 10-12-10
WCD 1-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10
WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08
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 7-2001, f. 8-14-01, cert. ef. 10-1-01
WCD 11-1997, f. 8-28-97, cert. ef. 9-12-97
WCD 10-1996, f. 3-12-96, cert. ef. 4-5-96
WCD 1-1993, f. 1-21-93, cert. ef. 3-1-93, Renumbered from 436-110-0017
WCD 32-1990, f. 12-10-90, cert. ef. 12-26-90