Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 60
CLAIMS ADMINISTRATION
436-060-0510
Reimbursement of Permanent Total Disability Benefits from the Workers’ Benefit Fund
(1) General. The insurer may request reimbursement of permanent total disability benefits paid after the date of the notice of closure under ORS 656.206(6)(a).
(2) Requirements for requests. Requests for reimbursement must be filed within one year of the mailing date of the final order upholding the notice of closure and include:
(a) Sufficient information to identify the insurer and the injured worker;
(b) The net dollar amount of permanent total disability benefits paid. “Net dollar amount” means the total compensation paid less any recoveries, including, but not limited to, third party recoveries or amounts reimbursable from the Retroactive Program or Reopened Claims Program; and
(c) A statement certifying that payment has been made.
(3) Moneys due under Retroactive or Reopened Claims Programs. If any of the moneys are due under the Retroactive Program or Reopened Claims Program, any reimbursement request must be submitted under OAR 436-075 or 436-045.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.206 & 656.605
History:
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 8-2005, f. 12-6-05, cert. ef. 1-1-06