OAR 436-030-0185: Reconsideration: Settlements and Withdrawals

(1) Contested matters arising out of a claim closure may be resolved by mutual agreement of the parties at any time after the claim has been closed under ORS 656.268 but before that claim closure has become final by operation of law. If the parties have reached such an agreement prior to the completion of the reconsideration proceeding, the parties must submit the stipulation agreement to the director for approval as part of the reconsideration proceeding. The stipulation submitted for review at the reconsideration proceeding must: (a) Address only issues that pertain to a claim closure and cannot include any issues of compensability; and (b) List the body part for which any award is made and recite all disability awarded in both degrees and percent of loss as appropriate based on date of injury when permanent partial disability is part of the stipulated agreement. In the event there is any inconsistency between the stated degrees and percent of loss awarded in any stipulated agreement for claims with dates of injury prior to January 1, 2005, the stated percent of loss will control. (2) The director will review the stipulation and issue an order approving or denying the stipulation. Stipulations approved by the director cannot be appealed. (3) When the stipulated agreement does not expressly resolve all issues relating to the claim closure, the Order on Reconsideration will include the stipulation, as well as a substantive determination of all remaining issues. In these claims, the 18 working day time frame may be postponed in the same manner as any reconsideration proceeding. (4) If the stipulation is not approved, the reconsideration proceeding will be postponed to allow the parties to: (a) Address the disapproval, or (b) Request that the director issue an Order on Reconsideration addressing the substantive issues. (5) When the parties desire to enter into a stipulated agreement to resolve disputed issues relating to the claim closure, but are unable to reach an agreement, the parties may request the assistance of the director to mediate an agreement. (6) When the parties desire to enter into a stipulated agreement that addresses all matters being reconsidered as well as issues not before the reconsideration proceeding, and the parties do not want a reconsideration on the merits of the claim closure, they may advise the director of their resolution and request the director enter an Order on Reconsideration affirming the Notice of Closure. The request for an affirming order must be made prior to the date an Order on Reconsideration is issued and in accordance with the following procedure. (a) A written request for an affirming reconsideration order must: (A) Be made by certified mail; (B) Be signed by both parties or their representatives; (C) State that the parties waive their right to an arbiter review and that all matters subject to the mandatory reconsideration process have been resolved; and (D) Be accompanied by a copy of the proposed stipulated agreement. (b) After the affirming Order on Reconsideration has been issued, the parties will submit their stipulation to an administrative law judge of the board for approval in accordance with ORS 656.289 and the board’s rules. (c) An Order on Reconsideration issued under this rule is final and is subject to review under ORS 656.283. (d) This provision does not apply to claims disposition agreements filed under ORS 656.236. (7) A worker requesting a reconsideration may withdraw the request for reconsideration without agreement of the other parties only if: (a) No additional information has been submitted by the other parties; (b) No medical arbiter examination has occurred, and (c) The insurer has not requested reconsideration under OAR 436-030-0145. (8) Notwithstanding (7) above, if additional information has been submitted by the other party(ies), a medical arbiter examination has occurred, or the insurer has requested reconsideration, the reconsideration request will not be dismissed unless all parties agree to the withdrawal. (9) If the insurer has requested reconsideration, either the worker or the insurer may initiate the withdrawal request, but both must agree to the withdrawal.