2017 ORS 656.780¹
Certification and training of claims examiners
  • records of certification and training of examiners
  • department inspection of records
  • penalties
  • rules

(1) The Director of the Department of Consumer and Business Services shall:

(a) Adopt by rule standards for certification of workers’ compensation claims examiners that shall be administered by workers’ compensation insurers, self-insured employers and service companies; and

(b) Develop or approve any training curriculum used by insurers, self-insured employers and service companies that is related to interactions with independent medical examination providers required under ORS 656.325 (Required medical examination).

(2)(a) Each insurer, self-insured employer and service company shall maintain records of the certification and training of their workers’ compensation claims examiners. These records are subject to inspection and review by the director.

(b) The director may impose a civil penalty against any insurer, self-insured employer or service company that fails to:

(A) Maintain or produce certification and training records as required by the rules of the director; or

(B) Provide training based on a curriculum approved by the director related to interactions with independent medical examination providers required under ORS 656.325 (Required medical examination).

(3) Insurers, self-insured employers and service companies may employ only certified workers’ compensation claims examiners to process workers’ compensation claims. The director may impose a civil penalty against any insurer, self-insured employer or service company that violates this subsection. [1990 c.2 §52; 1999 c.418 §1; 2005 c.675 §3; 2015 c.194 §2]

Note: See notes under 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury).

Note: Section 14 (1), chapter 781, Oregon Laws 2003, provides:

Sec. 14. Funds for repayment of certain reinsurance claims. (1) The State Accident Insurance Fund Corporation shall continue paying reinsurance claims incurred or made prior to January 1, 2012, from the Rural Medical Liability Reinsurance Fund until the State Accident Insurance Fund Corporation has extinguished its liabilities for reinsurance issued under section 1, chapter 781, Oregon Laws 2003, by payment of claims or by purchase of reinsurance. Purchase of reinsurance under this subsection shall be subject to approval by the Director of the Department of Consumer and Business Services. [2003 c.781 §14(1); 2007 c.574 §4(1)]

Law Review Cita­tions

55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)

Chapter 656

Notes of Decisions

Party having af­firm­a­tive of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amend­ments to existing statutes and enact­ment of addi­tional statutes by 1995 legisla­tion generally apply to pending cases and to orders still ap­pealable on June 7, 1995, effective date. Volk v. America West Air­lines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amend­ments to existing statutes and enact­ment of addi­tional statutes by 1995 legisla­tion do not extend or shorten procedural time limita­tions with regard to ac­tions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Cita­tions

24 WLR 321, 341 (1988); 32 WLR 217 (1996)

1 Legislative Counsel Committee, CHAPTER 656—Workers’ Compensation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 656, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.