1. (1) Purpose of these rules. The purpose of the rules in OAR 436-120 is to:

   1. (a) Prescribe uniform standards for determining eligibility, delivery, and payment for vocational services to injured workers;
   2. (b) Prescribe procedures for resolving disputes; and
   3. (c) Establish standards for the certification of counselors and providers.

2. (2) Applicability of rules.

   1. (a) The rules in OAR 436-120 govern vocational assistance under the workers' compensation law on or after the effective date of these rules.
   2. (b) The director's decisions under OAR 436-120-0008 regarding eligibility will be based on the rules in effect on the date the insurer issued the notice.
   3. (c) The director's decisions regarding the nature and extent of assistance will be based on the rules in effect at the time the assistance was provided.
   4. (d) If the director orders future assistance, such assistance must be provided in accordance with the rules in effect at the time assistance is provided.
   5. (e) Under the rules in OAR 436-120, a claim for aggravation or reopening a claim to process a newly accepted condition is considered a new claim for purposes of vocational assistance eligibility and vocational assistance, except as otherwise provided in these rules.

3. (3) Director’s discretion.

   1. (a) The director may waive procedural rules as justice requires, unless otherwise obligated by statute.
   2. (b) If the worker has returned to work with the employer at injury, the director reserves the right to verify whether the employment is suitable.

Statutory/Other Authority

ORS 656.340(9) & 656.726(4)

Statutes/Other Implemented

ORS 656.206 & 656.340

History

WCD 15-2024, amend filed 06/07/2024, effective 07/01/2024
WCD 10-2018, minor correction filed 08/02/2018, effective 08/02/2018
WCD 8-2018, amend filed 07/17/2018, effective 08/01/2018
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 8-2007, f. 11-1-07, cert. ef. 12-1-07
WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06
WCD 3-2004, f. 3-5-04, cert. ef. 4-1-04
WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02
WCD 4-2001, f. 4-13-01, cert. ef. 5-15-01
WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00
WCD 6-1996, f. 2-6-96, cert. ef. 3-1-96
WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95
WCD 11-1987, f. 12-17-87, cert. ef. 1-1-88
WCD 7-1985, f. 12-12-85, cert. ef. 1-1-86
WCD 5-1983, f. 12-14-83, cert. ef. 1-1-84, Renumbered from 436-061-0004, 5-1-85
WCD 2-1983, f. & cert. ef. 6-30-83
WCD 11-1982(Temp), f. 12-29-82, cert. ef. 1-1-83
WCD 4-1981, f. 12-4-81, cert. ef. 1-1-82
WCD 6-1980, f. 5-22-80, cert. ef. 6-1-80
WCD 1-1978, f. & cert. ef. 2-1-78
WCD 3-1977(Temp), f. 9-29-77, cert. ef. 10-4-77
WCB 1-1976, f. 3-29-76, cert. ef. 4-1-76;