Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 60
CLAIMS ADMINISTRATION
436-060-0153
Electronic Payment of Compensation
(1) General. Benefits may be paid through a direct deposit system, automated teller machine card or debit card, or other means of electronic transfer if the worker voluntarily consents.
(a) Except as provided under (1)(c) of this rule, an insurer must obtain the worker’s consent before initiating electronic payments. The consent may be written or verbal. The insurer must provide the worker a written confirmation when consent is obtained verbally.
(b) An employer making payments under OAR 436-060-0020(1) may assume the worker consents to having benefits paid through a direct deposit system if that is the method the employer usually uses to pay the worker’s wages.
(c) A self-insured employer paying benefits may assume the worker consents to having benefits paid through a direct deposit system if that is the method the employer usually uses to pay the worker’s wages.
(d) The worker may discontinue receiving electronic payments by notifying the insurer or employer in writing.
(2) Cardholder agreement for ATM or debit cards. The worker must receive a copy of the cardholder agreement outlining the terms and conditions under which an automated teller machine card or debit card has been issued before or at the time the initial electronic payment is made.
(3) Instrument of payment. The instrument of payment must be negotiable and payable to the worker for the full amount of the benefit paid, without cost to the worker.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.262(4) & ORS 84.013
History:
WCD 13-2022, amend filed 12/19/2022, effective 01/01/2023
WCD 6-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10
WCD 5-2008, f. 12-15-08, cert. ef. 1-1-09