OAR 438-005-0053: Notice of Denial of Responsibility

(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) The notice shall: (a) Identify the condition(s) for which responsibility is being denied; (b) State the factual and legal reasons for the denial; and (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) The denial may: (a) List the names and addresses of other insurers or self-insured employers who may be responsible for the claimant's condition; and (b) State whether the self-insured employer or insurer has requested the appointment of a paying agent pursuant to ORS 656.307.