OAR 438-012-0050: Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies

(1) The Board will act promptly upon a request for relief under the provisions of ORS 656.278 and these rules unless: (a) The claimant has available administrative remedies under the provisions of ORS 656.273; (b) The claimant's condition is the subject of a contested case under ORS 656.283 through 656.298, 656.307 or 656.308, or an arbitration or mediation proceeding under 656.307; or (c) The claimant's request for payment of temporary disability compensation is based on surgery or hospitalization or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the claimant to return to work that is the subject of either a managed care dispute resolution review process or a Director's medical review under ORS 656.245, 656.260 or 656.327. (2) The Board may postpone its review of the merits of the claimant's request for relief if the available remedies set forth in section (1) of this rule could affect the Board's authority to award compensation under the provisions of ORS 656.278.