Or. Admin. R. 436-120-0117 – Deferral of Eligibility Evaluation

(1) Deferral of eligibility evaluation. The eligibility evaluation may be deferred when all of the following circumstances exist:
1. (a) The employer at injury has activated Preferred Worker Program benefits under OAR 436-110;
2. (b) The employer has made a written job offer to the worker that includes the following information:
  1. (A) The start date;
  2. (B) Wage and hours;
  3. (C) Job site location;
  4. (D) Description of job duties that includes physical requirements; and
  5. (E) A statement that the job does not begin until any modifications are in place;
3. (c) The worker has agreed in writing to accept the new or modified job; and
4. (d) If the new or modified job needs worksite modifications to enable the worker to perform the job duties within the worker’s injury-caused limitations:
  1. (A) The modifications are in progress but not yet complete and the worker is working in a temporary modified position with the employer at injury that accommodates the worker’s restrictions; or
  2. (B) The worksite modifications are in place and the worker is working in and receiving payment for the new or modified job.
(2) Notice of deferral.
1. (a) When the eligibility evaluation process is deferred under this rule, the insurer must mail the worker a NOTICE OF DEFERRAL OF VOCATIONAL ASSISTANCE ELIGIBILITY EVALUATION.
2. (b) The notice must be mailed within five days of the date the conditions in section (1) exist.
3. (c) The notice must:
  1. (A) Inform the worker that the eligibility evaluation has been deferred because the employer at injury has activated preferred worker benefits;
  2. (B) Inform the worker that, if the job with the employer at injury does not begin on the date stated in the job offer letter, the worker can ask the insurer to resume the eligibility evaluation process; and
  3. (C) Include the following language:
    1. (i) In bold text:
      “If you have questions about the deferral of the process for determining your eligibility for vocational assistance, contact [use appropriate reference to the insurer]. If you still have questions contact the Workers' Compensation Division's toll free number 1-800-452-0288.”
    2. (ii) Effective no later than Oct. 1, 2024, the text in (C)(i) of this subsection must be replaced with the following language in bold and formatted as follows:
      If you have questions about this deferral, contact: [Insurer name] [Insurer contact person] [Insurer address] [Insurer phone number] If you still have questions, call the Workers' Compensation Division at 800-452-0288 (toll-free).
(3) Resumption of eligibility evaluation process. If the eligibility evaluation has been deferred under this rule, the insurer must resume the process within 14 days of:
1. (a) A determination that preferred worker benefits will not be provided;
2. (b) Termination of the Preferred Worker Program agreement;
3. (c) Termination of the job offer; or
4. (d) The temporary modified position ends and the worksite modifications are still in progress.

Statutory/Other Authority

ORS 656.340 & 656.726(4)

Statutes/Other Implemented

ORS 656.340

History

WCD 15-2024, amend filed 06/07/2024, effective 07/01/2024
Renumbered from 436-120-0155, WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10, Renumbered from 436-120-0320
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 6-2005, f. 6-9-05, cert. ef. 7-1-05
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, Renumbered from 436-120-0330 & 436-120-0370
WCD 6-1996, f. 2-6-96, cert. ef. 3-1-96
WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95, Renumbered from 436-120-0035
WCD 11-1987, f. 12-17-87, cert. ef. 1-1-88, Renumbered from 436-120-0060
WCD 7-1985, f. 12-12-85, cert. ef. 1-1-86, Renumbered from 436-061-0111
WCD 5-1983, f. 12-14-83, cert. ef. 1-1-84
WCD 2-1983, f. & cert. ef. 6-30-83
WCD 11-1982(Temp), f. 12-29-82, cert. ef. 1-1-83