1. (1) If a self-insured employer or insurer intends to deny responsibility for a claim on the basis of injury or exposure with another employer, the self-insured employer or insurer shall, within the period allowed under ORS 656.262 for processing the claim, so indicate in or as part of a denial otherwise meeting the requirements of 656.262, OAR 436-001-0600 (including Bulletin No. 379) and OAR 438-005-0055.

2. (2) The notice shall:

   1. (a) Identify the condition(s) for which responsibility is being denied;
   2. (b) State the factual and legal reasons for the denial; and
   3. (c) Advise the claimant to file separate, timely claims against other potentially responsible insurers or self-insured employers, including other insurers for the same employer, in order to protect the claimant's rights to obtain benefits on the claim.

3. (3) The denial may:

   1. (a) List the names and addresses of other insurers or self-insured employers who may be responsible for the claimant's condition; and
   2. (b) State whether the self-insured employer or insurer has requested the appointment of a paying agent pursuant to ORS 656.307.

Statutory/Other Authority

ORS 656.726(4) & 654.025(2)

Statutes/Other Implemented

ORS 656.308(2) & 656.262(6)

History

WCB 1-2019, amend filed 04/02/2019, effective 06/01/2019
WCB 3-2005, f. 11-15-05, cert. ef. 1-1-06
WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96
WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95
WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90
WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90