OAR 436-080-0060: When a Worker Files a Claim for an Injury

(1) Referral of claim to assigned claims agent. If a worker files a claim for an injury sustained while the worker was employed by a noncomplying employer, the director will: (a) Refer the claim, with a copy of the noncomplying employer order and the results of the compliance investigation, to the assigned claims agent for processing; and (b) Issue a Notice of Referral to the worker, the worker’s representative, if represented, and the employer. The notice will inform the employer of its right to object to the claim. (2) Request for hearing to object to a claim. An employer may request a hearing to object to a claim referred to the assigned claims agent under this rule. The request for hearing must be filed with the board within 60 calendar days after the mailing date of the Notice of Referral issued under subsection (1)(b) of this rule. (3) Processing of claim. When the assigned claims agent accepts or denies the claim, it must notify the worker, employer, and the d irector within the time provided by ORS 656.262. (4) Nonsubjectivity determinations. If a worker files a claim for an injury and the director determines that the worker was not a subject worker, or the employer was not a subject employer, the director will notify the worker and the employer by issuing a nonsubjectivity determination. (5) Request for hearing on nonsubjectivity determination. A worker may request a hearing on a nonsubjectivity determination, subject to the following: (a) The request for hearing must be filed within 60 days after the mailing date of the determination; (b) The request for hearing must be sent to the director; (c) The worker and employer are parties to the hearing; and (d) OAR 436-001-0030(2) through (5) apply to hearings requested under this section.