OAR 438-013-0010: Referral of Request for Hearing to Expedited Claim Service

(1) A request for hearing shall be referred to the Expedited Claims Service if: (a) The request does not involve the compensability of or responsibility for a claim, and the total amount in controversy, exclusive of penalties and/or related attorney fees, is $1,000 or less; (b) The only issue in the case is entitlement to penalties and/or related attorney fees; or (c) The request is for an expedited hearing to appeal a denial under ORS 656.262(15) for a worker’s failure to cooperate in a claim investigation. (2) If an Administrative Law Judge finds at the hearing or at any time prior to the hearing that the case should not have been referred to the Expedited Claims Service, the Administrative Law Judge shall refer the case for decision under the ordinary hearing process. With the consent of the Administrative Law Judge, the parties may agree on the oral record to proceed with the hearing as referred to the ordinary hearing process without further delay. Such an agreement to proceed is a waiver of any claim of defect as to notice of hearing or issues.