For the purpose of these rules, unless the context requires otherwise:

1. (1) "Alternative dispute resolution system" means a process that exists outside the normal Workers' Compensation system to settle disputes arising from a workers' compensation claim.
2. (2) "Arbitration" means the hearing and determination of a case in controversy by an arbiter.
3. (3) "Collective bargaining representative" means a person who represents a union.
4. (4) "Construction carve-out program" means a program established pursuant to ORS 656.170 and 656.172 for either an alternative dispute resolution system or use of a list of medical service providers, or both, which the director has approved and for which eligibility has been established under these rules.
5. (5) "Director" means the Director of the Department of Consumer and Business Services, or the director’s delegate for the matter.
6. (6) "Division" means the Workers’ Compensation Division of the Department of Consumer and Business Services.
7. (7) "Employer" is limited to a private employer, or group of employers, engaged in construction; construction maintenance; or activities limited to rock, sand, gravel, cement and asphalt operations; heavy duty mechanics; surveying; or construction inspection.
8. (8) "Employee" is limited to an employee of an employer defined by section (7) of this rule.
9. (9) "Insurer" includes "insurer," "guaranty contract insurer," and "self-insured employer" as defined by ORS 656.005.
10. (10) "Letter of eligibility" means a letter issued by the director under ORS 656.172(4) indicating that eligibility to participate in a construction carve-out program has been established under ORS 656.170 and 656.172.
11. (11) "Mediation" means the act or process of intervening between conflicting parties to promote reconciliation, settlement, or compromise.
12. (12) "Plan administrator" means the person responsible for administering the Construction Carve-Out Program.
13. (13) "Union" means a collective bargaining union that is recognized or certified as the exclusive bargaining representative of employees for an employer or group of employers.

Statutory/Other Authority

ORS 656.726(4) & 656.174

Statutes/Other Implemented

ORS 656.170, 656.172 & 656.174

History

WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00