656.277
Request for reclassification of nondisabling claim; nondisabling claim
procedure; attorney fees.
(1)(a) A request for reclassification by the worker of an accepted nondisabling
injury that the worker believes was or has become disabling must be submitted
to the insurer or self-insured employer. The insurer or self-insured employer
shall classify the claim as disabling or nondisabling within 14 days of the
request. A notice of such classification shall be mailed to the worker and the
worker’s attorney if the worker is represented. The worker may ask the Director
of the Department of Consumer and Business Services to review the
classification by the insurer or self-insured employer by submitting a request
for review within 60 days of the mailing of the classification notice by the
insurer or self-insured employer. If any party objects to the classification of
the director, the party may request a hearing under ORS 656.283 within 30 days
from the date of the director’s order.
(b) If the worker
is represented by an attorney and the attorney is instrumental in obtaining an
order from the director that reclassifies the claim from nondisabling to
disabling, the director may award the attorney a reasonable assessed attorney
fee.
(2) A request by
the worker that an accepted nondisabling injury was or has become disabling
shall be made pursuant to ORS 656.273 as a claim for aggravation, provided the
claim has been classified as nondisabling for at least one year after the date
of acceptance.
(3) An insurer or
a self-insured employer shall report a claim for a nondisabling injury to the
director in the manner the director prescribes by rule. [1990 c.2 §48; 1995
c.332 §32; 1999 c.313 §3; 2001 c.350 §2; 2015 c.521 §3; 2021 c.47 §3]
Note: 656.277 was added to and made a
part of ORS chapter 656 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
Notes of Decisions
Alcantar-Baca v. Liberty Nw. Ins., 983 P.2d 1038 (Or. Ct. App. 1999).
· cites it 47× “2 ORS 656.277 provides, in part: “(1) If within one year after the injury, the worker claims a nondisabling injury originally was or has become disabling, the insurer or self-insured employer, upon receiving notice or knowledge of such a claim, shall report the claim to the…”
Johansen v. SAIF Corp., 976 P.2d 84 (Or. Ct. App. 1999).
· cites it 9× “” Subsequently, SAIF declined to pay benefits for TTD, explaining that the disc claim had been accepted as a part of the original nondisabling injury and the claim remains in nondisabling status, because the one-year period for reclassifying the claim under ORS 656.277 had…”
Nacoste v. Halton Co., 365 P.3d 1098 (Or. Ct. App. 2015).
· cites it 2× “” SAIF then refused to pay benefits for temporary total disability, explaining that, given that it had accepted the herniated disc as part of the prior nondisabling condition, the claim could not be reclassified as disabling because the one-year period for reclassifying the…”
SAIF Corp. v. Frank, 960 P.2d 873 (Or. Ct. App. 1998).
· cites it 8× “ORS 656.277 provides, in part: “Claims for nondisabling injuries shall be processed in the same manner as claims for disabling injuries, except that: *519 “(1) If within one year after the injury, the worker claims a nondisabling injury originally was or has become disabling,…”
Express Servs., Inc. v. Conradson, 43 P.3d 1164 (Or. Ct. App. 2002).
· cites it 2× “2 The employer argues that claimant failed to prove that such a reasonable expectation occurred within a year of the date of injury as required by ORS 656.277(1) (1997), 3 because the Board improperly relied on the letter declaring claimant medically stationary to bootstrap…”
Rogers v. Hewlett-Packard Co., 960 P.2d 871 (Or. Ct. App. 1998).
· cites it 6× “Under ORS 656.277, employers are to process claims for nondisabling injuries in the same manner as claims for disabling injuries, with certain exceptions, of which ORS 656.”
SAIF Corp. v. Batey, 957 P.2d 195 (Or. Ct. App. 1998).
· cites it 3× “As SAIF acknowledged, under ORS 656.277 (1995), 1 it should have either reclassified the claim as disabling or referred it to the Director pursuant to ORS 656.”
Hiner v. Crawford Health & Rehab., 961 P.2d 283 (Or. Ct. App. 1998).
· cites it 11× “ORS 656.277 dictates the procedures that a claimant must follow in order to have a claim reclassified as disabling.”
DeGrauw v. Columbia Knit, Inc., 846 P.2d 1214 (Or. Ct. App. 1993).
“” ORS 656.277 provides: “Claims for nondisabling injuries shall be processed in the same manner as claims for disabling injuries, except that: “(1) If within one year after the injury, the worker claims a nondisabling injury is disabling, the insurer or self-insured employer,…”
Shaw v. PACCAR Wagner Mining, 983 P.2d 1050 (Or. Ct. App. 1999).
· cites it 7× “3 The timing and procedure for requesting reclassification of a claim from nondisabling to disabling is provided in ORS 656.277: “(1) If within one year after the injury, the worker claims a nondisabling injury originally was or has become disabling, the insurer or self-insured…”
Norstadt v. Liberty Nw. Ins., 41 P.3d 1097 (Or. Ct. App. 2002).
· cites it 8× “Claimant assigns as error the Board’s use of the “date of injury” of ORS 656.277(1) (1995) rather than the “date of acceptance” found in ORS 656.”
SAIF Corp. v. Batey, 963 P.2d 732 (Or. Ct. App. 1998).
· cites it 3× “Although we impliedly rejected SAIF’s argument on this point in our earlier opinion, SAIF is correct that we did not directly address that argument.”
— Or. Rev. Stat. § 656.277(1) — 6 cases
Alcantar-Baca v. Liberty Nw. Ins., 983 P.2d 1038 (Or. Ct. App. 1999).
“2 ORS 656.277 provides, in part: “(1) If within one year after the injury, the worker claims a nondisabling injury originally was or has become disabling, the insurer or self-insured employer, upon receiving notice or knowledge of such a claim, shall report the claim to the…”
Express Servs., Inc. v. Conradson, 43 P.3d 1164 (Or. Ct. App. 2002).
“2 The employer argues that claimant failed to prove that such a reasonable expectation occurred within a year of the date of injury as required by ORS 656.277(1) (1997), 3 because the Board improperly relied on the letter declaring claimant medically stationary to bootstrap…”
Norstadt v. Liberty Nw. Ins., 41 P.3d 1097 (Or. Ct. App. 2002).
“Claimant assigns as error the Board’s use of the “date of injury” of ORS 656.277(1) (1995) rather than the “date of acceptance” found in ORS 656.”
Hiner v. Crawford Health & Rehab., 961 P.2d 283 (Or. Ct. App. 1998).
“ORS 656.277 dictates the procedures that a claimant must follow in order to have a claim reclassified as disabling.”
— Or. Rev. Stat. § 656.277(1)(a) — 1 case
— Or. Rev. Stat. § 656.277(2) — 9 cases
Alcantar-Baca v. Liberty Nw. Ins., 983 P.2d 1038 (Or. Ct. App. 1999).
“2 ORS 656.277 provides, in part: “(1) If within one year after the injury, the worker claims a nondisabling injury originally was or has become disabling, the insurer or self-insured employer, upon receiving notice or knowledge of such a claim, shall report the claim to the…”
Nacoste v. Halton Co., 365 P.3d 1098 (Or. Ct. App. 2015).
“” SAIF then refused to pay benefits for temporary total disability, explaining that, given that it had accepted the herniated disc as part of the prior nondisabling condition, the claim could not be reclassified as disabling because the one-year period for reclassifying the…”
SAIF Corp. v. Frank, 960 P.2d 873 (Or. Ct. App. 1998).
“ORS 656.277 provides, in part: “Claims for nondisabling injuries shall be processed in the same manner as claims for disabling injuries, except that: *519 “(1) If within one year after the injury, the worker claims a nondisabling injury originally was or has become disabling,…”
Johansen v. SAIF Corp., 976 P.2d 84 (Or. Ct. App. 1999).
“” Subsequently, SAIF declined to pay benefits for TTD, explaining that the disc claim had been accepted as a part of the original nondisabling injury and the claim remains in nondisabling status, because the one-year period for reclassifying the claim under ORS 656.277 had…”
Rogers v. Hewlett-Packard Co., 960 P.2d 871 (Or. Ct. App. 1998).
“Under ORS 656.277, employers are to process claims for nondisabling injuries in the same manner as claims for disabling injuries, with certain exceptions, of which ORS 656.”
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