OAR 436-110-0003: Purpose and Applicability of These Rules

(1) Purpose. (a) The rules in OAR 436-110 explain who qualifies for and how to request assistance and reimbursements from the Preferred Worker Program. (b) The Preferred Worker Program encourages the re-employment of workers whose on-the-job injuries result in disability that may be a substantial obstacle to employment by providing assistance from the Workers’ Benefit Fund to eligible injured workers and to the employers who employ them. (c) The Preferred Worker Program is activated by the worker or by the employer at injury. (2) Applicability. These rules apply to all requests for Preferred Worker Program re-employment assistance received by the division on or after the effective date of these rules. (3) Submitting documents or information, calculating time. (a) Documents or information required under these rules to be submitted to the division may be submitted in any of the following ways: (A) Mailed to the division’s mailing address with sufficient postage and placed in the custody of the U.S. Postal Service; (B) Physical delivery to the division’s Salem office; (C) Faxed, if the document transmitted indicates it has been delivered by fax, is sent to the correct fax number, and indicates the date it was sent; or (D) Any other method authorized by the director. (b) Timeliness under these rules is determined as follows: (A) If a document is mailed, it will be considered submitted on the date it is postmarked. (B) If a document is delivered, it must be delivered during regular business hours and marked as received to be considered submitted on that date. (C) If a document is faxed, it must be received by 11:59 p.m. Pacific Time to be considered submitted on that date. (c) Time periods allowed under these rules are calculated in calendar days. The first day is not included. The last day is included unless it is a Saturday, Sunday, or legal holiday. In that case, the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Legal holidays are those listed in ORS 187.010 and 187.020. (4) Availability of forms. The bulletins and forms referenced in these rules are available on the division’s website at wcd.oregon.gov. (5) Director’s discretion. The director may waive procedural rules as justice requires, unless otherwise obligated by statute.