Board has continuing authority to alter earlier action on claim
- • limitations
(1) Except as provided in subsection (7) of this section, the power and jurisdiction of the Workers’ Compensation Board shall be continuing, and it may, upon its own motion, from time to time modify, change or terminate former findings, orders or awards if in its opinion such action is justified in those cases in which:
(a) There is a worsening of a compensable injury that results in the inability of the worker to work and requires hospitalization or inpatient or outpatient surgery, or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the injured worker to return to work. In such cases, the payment of temporary disability compensation in accordance with ORS 656.210 (Temporary total disability), 656.212 (Temporary partial disability) (2) and 656.262 (Processing of claims and payment of compensation) (4) may be provided from the time the attending physician authorizes temporary disability compensation for the hospitalization, surgery or other curative treatment until the worker’s condition becomes medically stationary;
(b) The worker submits and obtains acceptance of a claim for a compensable new medical condition or an omitted medical condition pursuant to ORS 656.267 (Claims for new and omitted medical conditions) and the claim is initiated after the rights under ORS 656.273 (Aggravation for worsened conditions) have expired. In such cases, the payment of temporary disability compensation in accordance with the provisions of ORS 656.210 (Temporary total disability), 656.212 (Temporary partial disability) (2) and 656.262 (Processing of claims and payment of compensation) (4) may be provided from the time the attending physician authorizes temporary disability compensation for the hospitalization, surgery or other curative treatment until the worker’s condition becomes medically stationary, and the payment of permanent disability benefits may be provided after application of the standards for the evaluation and determination of disability as may be adopted by the Director of the Department of Consumer and Business Services pursuant to ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws); or
(c) The date of injury is earlier than January 1, 1966. In such cases, in addition to the payment of temporary disability compensation, the payment of medical benefits may be provided.
(2) Benefits provided under subsection (1) of this section:
(a) Do not include vocational assistance benefits under ORS 656.340 (Vocational assistance procedure);
(b) Do not include temporary disability compensation for periods of time during which the claimant did not qualify as a “worker” pursuant to ORS 656.005 (Definitions) (30);
(c) Do not include medical services provided pursuant to ORS 656.245 (Medical services to be provided) except as provided under subsection (1)(c) of this section; and
(d) May include permanent disability benefits for additional impairment to an injured body part that has previously been the basis of a permanent partial disability award, but only to the extent that the permanent partial disability rating exceeds the permanent partial disability rated by the prior award or awards.
(3) An order or award made by the board during the time within which the claimant has the right to request a hearing on aggravation under ORS 656.273 (Aggravation for worsened conditions) is not an order or award, as the case may be, made by the board on its own motion.
(4) Pursuant to ORS 656.298 (Judicial review of board orders), any party may appeal an order or award made by the board on its own motion.
(5) The insurer or self-insured employer may voluntarily reopen any claim to provide benefits allowable under this section or to grant additional medical or hospital care to the claimant. The board shall establish procedures for the resolution of disputes arising out of a voluntary reopening of a claim under this section.
(6) Any claim reopened under this section shall be closed by the insurer or self-insured employer in a manner prescribed by the board, including, when appropriate, an award of permanent disability benefits as determined under subsections (1)(b) and (2)(d) of this section. The board shall also prescribe a process to be followed if the worker objects to the claim closure.
(7) The provisions of this section do not authorize the board, on its own motion, to modify, change or terminate former findings or orders:
(a) That a claimant incurred no injury or incurred a noncompensable injury; or
(b) Approving disposition of a claim under ORS 656.236 (Compromise and release of claim matters except for medical benefits) or 656.289 (Orders of Administrative Law Judge) (4). [Amended by 1955 c.718 §1; 1957 c.559 §1; 1965 c.285 §33; 1981 c.535 §32; 1985 c.212 §6; 1987 c.884 §37; 1990 c.2 §19; 1995 c.332 §33; 2001 c.865 §11; 2005 c.188 §2]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.