656.331
Contact, medical examination of worker represented by attorney prohibited
without written notice; rules.
(1) Notwithstanding any other provision of this chapter, if an injured worker
is represented by an attorney and the attorney has given written notice of such
representation:
(a) The Director
of the Department of Consumer and Business Services, the insurer or
self-insured employer shall not request the worker to submit to an independent
medical examination without giving prior or simultaneous written notice to the
worker’s attorney.
(b) An insurer or
self-insured employer shall not contact the worker without giving prior or
simultaneous written notice to the worker’s attorney if the contact affects the
denial, reduction or termination of the worker’s benefits.
(2) The director
shall adopt rules necessary to carry out the provisions of subsection (1)(b) of
this section. [1985 c.706 §8]
656.335 [1981 c.723 §7; 1985 c.600 §3;
1985 c.770 §7a; repealed by 1995 c.332 §68]
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1991–2024 · leading case:
Haskell Corp. v. Filippi, 953 P.2d 396 (Or. Ct. App. 1998).
Haskell Corp. v. Filippi, 953 P.2d 396 (Or. Ct. App. 1998).
· cites it 2× “See also ORS 656.331(1)(b) (setting forth situations in which insurers and self-insured employers may not contact claimants without also contacting their attorneys); OAR XXX-XXX-XXXX (same).”
Aetna Cas. Co. v. Jackson, 815 P.2d 713 (Or. Ct. App. 1991).
· cites it 3× “It also said that the award was warranted, because mailing a copy of the form 1503 to claimant, but not to claimant’s attorney, was an impermissible contact with a claimant in violation of ORS 656.331(l)(b). 4 The Board awarded attorney fees of $900.”
Gomez v. Costco Wholesale Corp., 335 Or. App. 809 (Or. Ct. App. 2024).
“In petitioner’s first and second assignments of error, she argues that the board erred when it determined that the denial was not “null and void” based on two asserted violations—the lack of simultaneous mailing to both claim- ant and her attorney under ORS 656.”
Freres Lumber Co. v. Jegglie, 806 P.2d 164 (Or. Ct. App. 1991).
“In holding that claimant had good cause for filing a late request for hearing, the referee relied in part on ORS 656.331, which provides that, if an injured worker is represented by an attorney and the attorney has given written notice of such representation, the insurer “shall…”
Gomez v. Costco Wholesale Corp., 335 Or. App. 809 (Or. Ct. App. 2024).
“In petitioner’s first and second assignments of error, she argues that the board erred when it determined that the denial was not “null and void” based on two asserted viola- tions—the lack of simultaneous mailing to both claimant and her attorney under ORS 656.”
— Or. Rev. Stat. § 656.331(1)(b) — 1 case
Haskell Corp. v. Filippi, 953 P.2d 396 (Or. Ct. App. 1998).
“See also ORS 656.331(1)(b) (setting forth situations in which insurers and self-insured employers may not contact claimants without also contacting their attorneys); OAR XXX-XXX-XXXX (same).”
— Or. Rev. Stat. § 656.331(l)(b) — 2 cases
Haskell Corp. v. Filippi, 953 P.2d 396 (Or. Ct. App. 1998).
“See also ORS 656.331(1)(b) (setting forth situations in which insurers and self-insured employers may not contact claimants without also contacting their attorneys); OAR XXX-XXX-XXXX (same).”
Aetna Cas. Co. v. Jackson, 815 P.2d 713 (Or. Ct. App. 1991).
“It also said that the award was warranted, because mailing a copy of the form 1503 to claimant, but not to claimant’s attorney, was an impermissible contact with a claimant in violation of ORS 656.331(l)(b). 4 The Board awarded attorney fees of $900.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.