656.291
Expedited Claim Service; jurisdiction; procedure; representation; rules. (1) The Workers’ Compensation
Board, by rule, shall establish an Expedited Claim Service to provide for
prompt, informal disposition of claims.
(2) The board
shall assign to the service those claims:
(a) For which a
hearing has been requested when the only matters unresolved do not include
compensability of the claim and the amount in controversy is $1,000 or less; or
(b) For which the
only matters unresolved are attorney fees or penalties.
(3)(a) The amount
in controversy shall be deemed less than $1,000 if the party requesting hearing
so indicates, the other party does not disagree and the Administrative Law
Judge does not conclude, based on the evidence, that the amount in controversy
exceeds $1,000. In a case assigned pursuant to subsection (2)(a) of this
section, if the Administrative Law Judge finds that the amount in controversy
exceeds $1,000, the Administrative Law Judge shall refer the case for
disposition under the ordinary hearing process.
(b) Cases
assigned to the Expedited Claim Service pursuant to subsection (2)(a) of this
section shall be heard within 30 days of the request for hearing, and an order
shall be issued within 10 days of the close of the hearing.
(c) No hearing
shall be held in cases assigned to the Expedited Claim Service pursuant to
subsection (2)(b) of this section unless the Administrative Law Judge finds
that the dispute cannot be decided on stipulated facts.
(4) The board, by
rule, shall establish the procedures for disposition of claims by the Expedited
Claim Service to insure fair and just treatment of workers in all such
proceedings.
(5)
Notwithstanding ORS 9.320 or any provision of this chapter, an individual who
is not an attorney may represent oneself or other persons who consent to such
representation at any proceeding before the Expedited Claim Service.
(6) Any
compromises, agreements, admissions, stipulations, statements of fact that are
made or other such action taken by the representative is binding on those
represented to the same extent as if done by an attorney. A person so
represented may not thereafter claim that any such proceeding or meeting was
legally defective because the person was not represented by an attorney.
(7) An individual
who is not an attorney may not represent a claimant for a fee at any proceeding
under this chapter.
(8) As used in
this subsection, “attorney” has the meaning for that term provided in ORS
9.005. [1987 c.884 §18]
656.292 [Amended by 1965 c.285 §38;
renumbered 656.301]
656.294 [Amended by 1965 c.285 §37;
renumbered 656.304]
Notes of Decisions
SAIF Corp. v. Dubose, 999 P.2d 529 (Or. Ct. App. 2000).
· cites it 14× “* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
SAIF Corp. v. Dubose, 74 P.3d 1072 (Or. 2003).
· cites it 18× “* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
Lewis v. CIGNA Ins., 121 P.3d 1128 (Or. 2005).
“After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with the…”
Lewis v. CIGNA Ins., 87 P.3d 698 (Or. Ct. App. 2004).
“* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
Hopper v. SAIF Corp., 336 P.3d 530 (Or. Ct. App. 2014).
“262(15) and ORS 656.291 on SAIF’s denial. Claimant’s theory as to why the denial should be set aside was that claimant “did completely and fully cooperate with the investigation and that if she didn’t, it was for reasons beyond her control.”
Hilton Hotels Corp. v. Yauger (In re Yauger), 433 P.3d 411 (Or. Ct. App. 2018).
“After such a *415 denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
— Or. Rev. Stat. § 656.291(1) — 1 case
SAIF Corp. v. Dubose, 999 P.2d 529 (Or. Ct. App. 2000).
“* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
— Or. Rev. Stat. § 656.291(2) — 2 cases
SAIF Corp. v. Dubose, 999 P.2d 529 (Or. Ct. App. 2000).
“* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
SAIF Corp. v. Dubose, 74 P.3d 1072 (Or. 2003).
“* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
— Or. Rev. Stat. § 656.291(2)(a) — 2 cases
SAIF Corp. v. Dubose, 74 P.3d 1072 (Or. 2003).
“* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
SAIF Corp. v. Dubose, 999 P.2d 529 (Or. Ct. App. 2000).
“* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
— Or. Rev. Stat. § 656.291(3)(b) — 1 case
SAIF Corp. v. Dubose, 74 P.3d 1072 (Or. 2003).
“* * * After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 that the worker fully and completely cooperated with…”
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