REGULATORY ACTIVITY:

• After considering public testimony, the Workers’ Compensation Division has published a final rule, OAR 436-070-0010. Rule 0010 lowers the Workers’ Benefit Fund assessment rate from 2.8 cents per hour worked to 2.4 cents per hour worked, effective Jan. 1, 2019. Link to rule: https://wcd.oregon.gov/laws/Documents/New_rules/70-18060-final.pdf. A summary of public testimony and the agency’s responses is posted here: https://wcd.oregon.gov/laws/Documents/Proposed_rules_and_testimony/Div-070-2018-09-20/70-18060-TNR.pdf.   To view the rule, go to https://wcd.oregon.gov/laws/Pages/new-rules.aspx.
• The Workers’ Compensation Division is considering making changes to the process described in OAR 436-001, for preparing and providing exhibits for hearing in cases within the director’s jurisdiction under ORS 656.704(2), to make the process more consistent with the Workers’ Compensation Board’s process under OAR 438-007-0018. We would appreciate feedback from parties and attorneys who have previously participated in hearings within the director’s jurisdiction. We will be scheduling a one-hour meeting that can be attended in person or by phone in early November. More details to come. Your response will ensure you are contacted when we schedule the meeting and otherwise ask for your advice. Please contact me directly: fred.h.bruyns@oregon.gov or 503-947-7717.
• Posted a notice in the state register regarding a missing paragraph in rule 436-060-0025 Worker's Weekly Wage Calculation and Rate of Temporary Disability Compensation.  The missing paragraph return preceding OAR 46-060-0025(40(c) has been restored.  To view the notice, go to https://secure.sos.state.or.us/oard/displayBulletin.action?bulltnRsn=242
• Issued Bulletin 367 regarding 2019 premium assessment rates.  This bulletin provides the workers’ compensation premium assessment rate to be applied against premium earned during the calendar year 2019. This bulletin replaces Bulletin 367 issued Oct. 20, 2017.  To view the bulletin, go to  https://wcd.oregon.gov/forms/Pages/bulletins.aspx.

REGULATORY ACTIVITY:

• Each year, the Department of Consumer and Business Services adopts by rule the workers’ compensation premium assessment rate that is paid by employers to fund workers’ compensation and workplace safety and health programs. The rule also adopts the rate for an additional amount that is collected from all self-insured employers and self-insured employer groups to fund the Self-Insured Employers Adjustment Reserve and the Self-Insured Employer Group Adjustment Reserve. These funds ensure worker benefits are available in the event of a financial failure of a self-insured employer or self-insured employer group. Before recommending the 2019 rate, the department must analyze financial data and review and authorize a proposed workers' compensation pure premium rate filing by the National Council on Compensation Insurance. The proposed premium assessment rate for 2019 is expected to be announced by mid-September. Additional assessments to fund the Self-Insured Employer Adjustment Reserve and Self-Insured Employer Group Adjustment Reserve are also expected to remain unchanged. These are preliminary rates and are subject to change during the rulemaking process. This rulemaking will adopt the assessment rates that will be in effect from Jan. 1, 2019, to Dec. 31, 2019.  A hearing on the proposed workers' compensation premium assessment rates will be held at 3 p.m. on Thursday, Sept. 20, 2018, in Room F (Basement) of the Labor & Industries Building, 350 Winter St. NE, Salem, Oregon. Written testimony will be accepted through 5 p.m. Thursday, Sept. 27, 2018 by the Director's Office of the Department of Consumer and Business Services, 350 Winter St. NE, P.O. Box 14480, Salem, OR 97309-0405.  To view the notice and supporting documentation, go to https://www.oregon.gov/dcbs/cost/Pages/rulemaking.aspx.
• Published revised bulletin 112 regarding reimbursement of injured workers' travel, food and lodging.  The revised lodging and meal rates become effective October 1, 2018.  The revised private vehicle mileage rate becomes effective January 1, 2018.  This bulletin provides Form 3921, “Request for Reimbursement of Expenses,” and the rates injured workers are reimbursed for travel, food, and lodging costs as directed by Oregon Administrative Rule (OAR) 436-009-0025.  The Workers’ Compensation Division is updating this bulletin and Form 3921 to update the lodging and meal rates, effective Oct. 1, 2018, through Sept. 30, 2019. The private vehicle mileage rate, effective Jan. 1, 2018, remains the same as previously published. This bulletin replaces Bulletin No. 112 dated Jan. 5, 2018. Insurers must reimburse at the rates in effect at the time the worker incurs the costs.  To view the bulletin and associated forms, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Issued revised Bulletin 237 regarding Workers' Compensation Insurer's Report. This bulletin provides a revised Form 1502 and describes Form 1502 reporting requirements under Oregon Administrative Rules (OAR) 436-060-0011. Insurers must use Form 1502 to report claim status and activity to the Workers' Compensation Division. This bulletin replaces Bulletin 237 issued Jan. 25, 2010. This form must be in exclusive use by March 1, 2019.  To view the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• In a recently issued notice of proposed rulemaking hearing, the Workers' Compensation Division announced that the proposed assessment rate would be published by the middle of September.  In a news release dated Sept. 10, 2018, the department announced that the proposed 2019 WBF assessment rate is 2.4 cents per hour worked, a decrease of 0.4 cents from the current rate of 2.8 cents per hour. Please review also Exhibit 1, "Workers' Benefit Fund Assessment Recommendation for CY 2019 “attached. The news release also explained that the average cost of workers' compensation insurance coverage in 2019 will go down.

Hearing information:

Sept. 20, 2018, 4 p.m.

350 Winter Street NE, Room F (basement)

Salem, Oregon 97301

Send written comments to:

Email – fred.h.bruyns@oregon.gov

Fred Bruyns, rules coordinator

Workers’ Compensation Division

350 Winter Street NE (for courier or in-person delivery)

PO Box 14480, Salem, OR 97309-0405

Fax – 503-947-7514

The public may also listen to the hearing or testify by telephone: Dial-in number is 1-213-787-0529; Access code is 9221262#.  The closing date for written comments was Sept. 27, 2018, 5 p.m.

• The MAC agenda for October 19 has been issued. If you have questions, please contact Cara Filsinger, 503-947-7582or cara.l.filsinger@oregon.gov .
• Has published notice of a public hearing regarding proposed rules OAR 436-050, Employer/Insurer Coverage Responsibility and OAR 436-080, Noncomplying Employers.  A public rulemaking hearing is scheduled: Oct.22, 2018, 11m. Labor & Industries Building, 350 Winter Street NE, Room F, Salem, Oregon , Teleconference dial-in number - 1-213-787-0529; Access code is 9221262#. Written comments will be accepted through (and including) Oct. 29, 2018. Send written comments to:

Email: fred.h.bruyns@oregon.gov Regular mail: Fred Bruyns, rules coordinator, Workers’ Compensation Division, PO Box 14480, Salem, OR 97309-0405 Courier or personal delivery: 350 Winter Street NE, Salem, Oregon Fax – 503-947-7514To view the proposed rules, go to https://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.

• The Workers’ Compensation Division has published an industry notice, "Application of OAR 436-060-0025(3)through (7)," https://wcd.oregon.gov/IndustryNotices/09-21-18-IN-wage%20calculation.pdf This notice provides a discussion of Oregon Administrative Rule (OAR) 436-060-0025(3)through (7) and examples for insurers and self-insured employers. It is intended to apply to the wage calculation for dates of injury on or after Feb. 21, 2018. If you have questions about this notice, contact Audit Manager Barbara Belcher at 503-947-7687or barbara.belcher@oregon.gov.  To view the notice, go to  https://wcd.oregon.gov/Pages/industry-notices.aspx.
• Bulletin 380, Retroactive Program benefits effective Oct. 1, 2018, is now available online: https://wcd.oregon.gov/Bulletins/bul_380.pdf. Retroactive Program benefits effective Oct. 1, 2018.  This bulletin notifies insurers of: 1. The annual increase in Retroactive Program benefits, and 2.  The methods used to calculate these benefits and determine the amount of Retroactive Program reimbursement. The Retroactive Program benefit is an additional amount paid to eligible workers or their beneficiaries when benefit levels are lower than what is currently being paid for like injuries. Program recipients are primarily beneficiaries of workers who suffered fatal injuries and workers previously determined to have a permanent total disability. To view the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.

REGULATORY ACTIVITY:

• Published Bulletin 260 regarding Employer-at-Injury Program Reimbursement Request Form.  This bulletin provides a revised Form 2360, “Employer-at-Injury Program Reimbursement Request Form.” This bulletin replaces Bulletin 260 dated Dec. 9, 2016. Changes to the form include: Adding a correction check box to indicate the request is a resubmission of a corrected returned request; and Adding a section to request information about concurrent injuries under Oregon Administrative Rules (OAR) 436-105-0530. To view the bulletin and revised form, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.  The bulletin and form became effective July 26, 2018.
• Published revised bulletin 124 effective July 30, 2018.  The bulletin provides forms, examples, checklists, and a chart for insurers and vocational assistance providers to use under Oregon Administrative Rules (OAR) 436-120. The bulletin also provides the cost-of-living matrix and fee schedule for vocational assistance expenditures. This bulletin is revised because of changes to the rules, effective Aug. 1, 2018. This bulletin replaces Bulletin 124 dated March 15, 2018, and the addendum dated May 22, 2018.  To view the bulletin and forms, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• The July issue of Board News and Case Notes is now available.  To view the July Issue, go to https://www.oregon.gov/wcb/Pages/news-notes.aspx.
• The Workers’ Compensation Division of the Department of Consumer and Business Services received notification of 35 compensable fatalities in 2017. The 2017 compensable fatality characteristics brochure is now available with information on the event of injury, source of injury, occupation, industry, tenure and other claimant characteristics.  To view the report, go to https://www.oregon.gov/dcbs/reports/protection/Pages/index.aspx.
• Issued Bulletin 345 regarding Employer-reimbursed medical service costs. This bulletin instructs insurers and self-insured employers how to apply employer-reimbursed medical service costs for individual claims and provides updated maximum reimbursement amounts. This bulletin replaces Bulletin No. 345 dated Aug. 24, 2017.   The effective date for the bulletin is January 1, 2019.  To view the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.

REGULATORY ACTIVITY:

• The Workers’ Compensation Division has posted a minor correction to Bulletin 111, "Computation of temporary disability, permanent disability, and death benefits based on Oregon's state average weekly wage": https://wcd.oregon.gov/Bulletins/bul_111-corrected.pdf
• Oregon has announced the publication of  rules: OAR, and OAR 436-120-Vocational Assistance to Injured Workers, rules 0003 and 0147  in final form. To view the rules, go to https://wcd.oregon.gov/laws/Pages/new-rules.aspx.
• The maximum statutory rate for claims with dates of injuries between 7/1/2017 and 6/30/2019 has been corrected to $1,339.38 from the published amount of $1,339.37. No other changes have been made to the bulletin.
• Published Bulletin 260 regarding Employer-at-Injury Program Reimbursement Request Form.  This bulletin provides a revised Form 2360, “Employer-at-Injury Program Reimbursement Request Form.” This bulletin replaces Bulletin 260 dated Dec. 9, 2016. Changes to the form include: Adding a correction check box to indicate the request is a resubmission of a corrected returned request; and Adding a section to request information about concurrent injuries under Oregon Administrative Rules (OAR) 436-105-0530. To view the bulletin and revised form, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.

REGULATORY ACTIVITY:

• Updated Bulletin No 111 (Revised_ June 6, 2018) regarding computation of temporary disability, permanent disability, and death benefits based on Oregon's state average weekly wage.  This bulletin provides updated benefit rates based on the Oregon average weekly wage for 2018.  This bulletin replaces Bulletin No. 111 dated March 6, 2018.  To view a copy of the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Posted notice of adoption of two amended rules.  The Division adopted OAR 436-050 Employer/Insurer Coverage Responsibility and OAR 436-180 Worker Leasing.  The rules become effective July 1, 2018.  To view the rules, go to https://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.
• Posted an industry notice regarding timely payment of temporary disability.  To view the notice, go to https://wcd.oregon.gov/Pages/industry-notices.aspx.
• The Oregon Workers' Compensation Division has added the new state average weekly wage (SAWW) to the temporary disability (TTD and TPD) and permanent partial disability (PPD) calculators and posted them to the division's website: https://wcd.oregon.gov/insurer/Pages/disability-calculators.aspx.
• Effective July 1, 2018, the SAWW used to compute workers’ compensation benefits is $1,007.05.
• The division updates these calculators annually before July 1, and no action is required on your part if you use the calculators posted to the division's website. However, if you have downloaded a PPD calculator, you will need to download an updated calculator each year or simply enter the new SAWW, as published in Bulletin 111, into the "SAWW" worksheet of the workbook. Because these calculators are always kept current, we do not plan to issue this notice in the future.  Feel free to contact us at 503-947-7717 or fred.h.bruyns@oregon.gov, if you have questions.

REGULATORY ACTIVITY:

• Published bulletin 378 on May 22, 2018.  This bulletin notifies self-insured employers of the base rates to be used for calculating the premium assessment for quarters occurring during the period from July 1, 2018 through June 30, 2019. In addition, this bulletin provides reporting instructions and rating plan options. This bulletin replaces Bulletin 376 dated May 30, 2017.  To view the bulletin, go to http://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Published bulletin 124 regarding cost-of-living matrix and vocational assistance fee schedule effective July 1, 2018.  This addendum updates the cost-of-living matrix and fee schedule for vocational assistance expenditures provided in Bulletin 124. The cost-of-living matrix is defined in OAR 436-120-0005(1) and is used to adjust for changes in the cost of living under OAR 436-120-0147(4). This addendum replaces the cost-of-living matrix published in Bulletin 124 issued March 15, 2018 and provides the vocational fee schedule used under OAR 436- 120-0720.  To view the bulletin, go to http://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Published bulletin 356 regarding attorney fees.  The bulletin becomes effective July 1, 2018.  This bulletin publishes the attorney fee matrix under Oregon Administrative Rule (OAR) 436-001- 0410(1)(d) for attorney fees awarded under Oregon Revised Statute (ORS) 656.385(1). This bulletin replaces Bulletin No. 356 issued May 25, 2017.
• Posted Notice of a public hearing to be held on June 21, 2018 at 10:00 a.m. in the Portland State Office Building Room 1C at 800 NE Oregon St. Portland Oregon.  The hearing will be to take testimony regarding proposed amendments to OAR 436-060 regarding determining a worker's average weekly wages for workers with irregular wages.  To view the proposed rule, go to http://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.
• The WC Covered Employment Estimate is now available. This is the estimate of Oregon employees covered by Workers' Compensation (WC) insurance in 2017. The table includes final data for 2013-2016. The information in the table is organized by industry division, and by industry code/name.
  • Link to this report:

http://www.oregon.gov/DCBS/reports/Documents/general/wc-emp-est/2013-2017.pdf

• Posted notice of proposed amendments to Chapter 436 Division 120 regarding vocational assistance eligibility; weekly wage determination if multiple jobs held at time of injury. A hearing will be held on June 21, 2018 at 10 a.m. in the Portland State Office Building, Room 1C at 800 NE Oregon St, Portland OR.   To view a copy of the notice and proposed rule, go to http://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.

REGULATORY ACTIVITY:

• Oregon has posted note of amendments to Rule OAR 436-050 Employer/Insurer Coverage Responsibility and OAR 436-180 Worker Leasing.  A public meeting is scheduled for April 24, 2018 at 9:00 a.m. in Room B of the Labor and Industries Building at 350 Winter Street, Salem Oregon.  To view the notice and proposed rule, go to http://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.
• The Workers’ Compensation Division recently issued a temporary rule that reflects the Court of Appeal’s decision in Chu v. SAIF 290 Or App 194 (2018). The Court found parts of OAR 436-120-0147 to be inconsistent with statute, and specifically that a worker’s regular employment at the time of injury includes all jobs held at the time of injury, not just the job where the injury occurred.  The effective date of the rules was Feb. 23, 2018. Temporary rules may only remain in effect for 180 days, so we must adopt “permanent” rules to replace them before they expire on Aug. 21, 2018.

FEE SCHEDULE NEWS:

• The Workers’ Compensation Division has adopted a new Hospital and Physician fee schedule effective April 1, 2018. The next update is scheduled for April 2019.

REGULATORY ACTIVITY:

• The Workers’ Compensation Division recently issued a temporary rule that reflects the Court of Appeal’s decision in Chu v. SAIF 290 Or App 194 (2018). The Court found parts of OAR 436-120-0147 to be inconsistent with statute, and specifically that a worker’s regular employment at the time of injury includes all jobs held at the time of injury, not just the job where the injury occurred.  The effective date of the rules was Feb. 23, 2018. Temporary rules may only remain in effect for 180 days, so we must adopt “permanent” rules to replace them before they expire on Aug. 21, 2018. We welcome your ideas for agenda topics, and you may use the form located on our website at http://wcd.oregon.gov/laws/Documents/5141_final_pdf_form.pdf. Please submit your topic ideas by March 23, so we have time to complete research before the advisory committee meets. New topics submitted close to the time of the meeting or at the meeting may not be included on the agenda but will be discussed if time allows or held over for future consideration.

Meeting Information

Please RSVP if you will join us - to my attention, fred.h.bruyns@oregon.gov; do not reply directly to this listserv message. Options for attendance include in-person, by phone, or via the computer using GoToMeeting™.
Date: April 30, 2018, Time: 1:30 p.m. Pacific Daylight Savings Time, Location (if you plan to attend in person): Durham Plaza, 16760 SW Upper Boones Ferry Rd, Ste 200   Tigard, Oregon, in the OSHA PFO Training Room, Dial-in number: To be announced, GoToMeeting™ Access Code: To be announced

• Published notice of correction to bulletin 111 Computation of temporary disability, permanent disability, and death benefits based on Oregon's state average weekly wage. This bulletin provides updated benefit rates based on the Oregon average weekly wage for 2017.  The Workers’ Compensation Division is issuing this corrected Bulletin 111 to clarify the method of calculating death benefits to children. This corrected bulletin replaces Bulletin No. 111 dated Dec. 12, 2017, in its entirety.  The division also published the associated form 5332. To view the corrected bulletin, go to http://wcd.oregon.gov/forms/Pages/bulletins.aspx.  To view a copy of the form, go to http://wcd.oregon.gov/forms/Pages/forms.aspx
• Updated News and Case Notes with the publication of the February 2018 Edition.  To view the February Edition, go to http://www.oregon.gov/wcb/Pages/news-notes.aspx.

The Workers’ Compensation Division has posted final (permanent) rules:

• OAR 436-001, Procedural Rules, Rulemaking, Hearings, and Attorney Fees to view,  go to http://wcd.oregon.gov/laws/Documents/New_rules/1-18052ub.pdf
• OAR 436-009, Oregon Medical Fee and Payment , to view, go to http://wcd.oregon.gov/laws/Documents/New_rules/9-18053ub.pdf.
• OAR 436-010, Medical Services  to view, go to http://wcd.oregon.gov/laws/Documents/New_rules/10-18054ub.pdf
• OAR 436-015, Managed Care Organizations  to view, go to http://wcd.oregon.gov/laws/Documents/New_rules/15-18055ub.pdf.

Each document linked above includes a summary of rule changes that are effective April 1, 2018. Summaries of          testimony and the agency’s responses are posted as well for OAR 436-001 & OAR 436-009, 010, and 015.

• Oregon has revised bulletin 285 and form 2839 regarding a request for a hearing. This bulletin provides the form to use to request a hearing on a matter within the director’s jurisdiction. The Workers’ Compensation Division made a few minor updates to the bulletin and form, but the requirements for requesting a hearing have not changed. This bulletin replaces Bulletin 285 dated Nov. 21, 2012. To view a copy of the bulletin, go to http://wcd.oregon.gov/Bulletins/bul_285.pdf.  To view a copy of the form, go to http://wcd.oregon.gov//forms/pages/forms.aspx?f=2839.
• Published Bulletin 290 regarding Hospital fee schedule — adjusted cost-to-charge ratios for Oregon and out-of-state hospitals. This bulletin provides updated adjusted cost-to-charge ratios. Apply these ratios to hospital inpatient and outpatient services according to ORS 656.248 and OAR 436-009-0020. This bulletin replaces Bulletin 290 issued March 14, 2017.  The new ratios become effective April 1, 2018.  To view the bulletin, go to http://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Oregon published Revised Bulletin 124, "Forms for vocational assistance to injured worker, cost-of-living matrix, and fee schedule," is available online. To view the bulletin and forms, go to http://wcd.oregon.gov/Bulletins/bul_124.pdf (Bulletin 124); http://wcd.oregon.gov/WCDForms/1081.doc (Form 1081); http://wcd.oregon.gov/WCDForms/1083.doc (Form 1083); and http://wcd.oregon.gov/WCDForms/2800.doc (Form 2800).
• Oregon published an industry notice today regarding attorney fees issued by the director. The Workers’ Compensation Division wants to ensure you are aware of upcoming changes in the division’s processes regarding attorney fees.  The rules related to attorney fees awarded by the director are in OAR chapter 436, division 001, rules 0400 through 0440. The rules have been amended, and the new rules to go into effect April 1, 2018. Under amended OAR 436-001-0400(2), if time devoted is a factor in determining the amount of the fee, the attorney should submit a statement of the numbers of hours spent on the case. The division’s reviewer may request the attorney to submit additional information to support or clarify the statement of hours. If the attorney does not submit a statement of hours or other information as requested before an order is issued, the reviewer will presume the attorney spent one to two hours on the case. The reviewer will not solicit a statement of hours, and the Medical Resolution Team (MRT) will no longer provide a courtesy contact 72-hours before issuing an order. We encourage practitioners to become familiar with the division’s attorney fee rules. You can access the new rules at http://wcd.oregon.gov/laws/Pages/index.aspx.  If you have questions about this notice, contact the legal issues coordinator at 503-947-7723. To view the notice, go to http://wcd.oregon.gov/Pages/industry-notices.aspx.
• Oregon has posted note of amendments to Rule OAR 436-050 Employer/Insurer Coverage Responsibility and OAR 436-180 Worker Leasing.  A public meeting is scheduled for April 24, 2018 at 9:00 a.m. in Room B of the Labor and Industries Building at 350 Winter Street, Salem Oregon.  To view the notice and proposed rule, go to http://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.

LEGISLATIVE ACTIONS:

House Bill 4058

The legislation changes criteria for private nonprofit corporation to be licensed as property services contractor. Exempts property services contractors from requirement to submit to Bureau of Labor of Industries copies of all payroll records when labor contractor pays employees directly. Specifies when initial and continuing training of employees must occur. Excludes employees of contractor from definition of property services contractor. Requires applicant for property services contractor to submit names and addresses of those responsible for fulfilling obligations.  Provides property services contractors with flexibility in areas of license examination and for self-certifying vehicle insurance. Requires employer to provide pay and time records within 45 days of employee's request.  Allows civil action to be commenced against property services contractor on or after July 1, 2018. Effective Date July 1, 2018.

REGULATORY ACTIVITY:

• A public meeting was held on February 21, 2018 at 10:00 a.m. regarding OAR 436-001, Procedural Rules, Rule-making, Hearings, and Attorney Fees. To view the notice and  proposed rule go to: http://wcd.oregon.gov/laws/Documents/Proposed_rules_and_testimony/div-001-2018-02-21/1-18XXXp.pdf
• Published a notice:  Determining the worker’s average weekly wages for workers with irregular wages

Affected rules: OAR 436-060, Claims Administration, rules 0005 and 0025 http://wcd.oregon.gov/laws/Documents/New_rules/60-18050t.pdf

To:  Oregon workers, employers, workers’ compensation insurers, self-insured employers, service companies, attorneys, and other interested people.  Stakeholders have made us aware that the wage averaging method in effect since January 1, 2017, has had the effect of harming some workers who have had wage increases during the preceding year. Based on advisory committee recommendations that represent a consensus of labor and management representatives on the committee, we are issuing temporary rules. These rules impact workers with irregular wages who have experienced a pay increase or decrease during the 52 weeks before the injury. We are distributing these rules in advance of their effective date, so you will have some time to prepare for the change. These rules are effective Feb. 21, 2018. Under OAR 436-060-0003(2) and ORS 656.202(2), these rules apply to dates of injury on and after Feb. 21, 2018. If you have questions about how to apply the rules – contact the Division’s Audit Unit:

• Barb Belcher, Barbara.Belcher@oregon.gov, 503-947-7687;
• Troy Painter, Troy.J.Painter@oregon.gov, 503-947-7701; or
• askanauditor@oregon.gov.

Temporary rules may only remain in effect for 180 days, so we will soon begin permanent rulemaking to replace them. This will be an opportunity for you to provide advice and testimony, and we will contact you again within the next few months to invite your participation.

• Published an industry notice regarding supplemental disability benefits-request for verifiable documentation requirements.  This industry notice provides information about the requirement for insurers and self-insured employers to send workers seeking supplemental disability benefits (SDB) a request for verifiable documentation. Under OAR 436-060-0035(4)(b)(A), within five business days of notice or knowledge that a worker may be eligible for SDB, the insurer or self-insured employer must send the worker a request for verifiable documentation of the worker’s wages from any secondary jobs. In addition to informing the worker of what documentation must be submitted to determine eligibility for SDB, the request must clearly state that if the documentation isn’t received within 60 days of the mailing date of the request, the insurer or self-insured employer will determine the worker’s temporary disability rate based only on the job at which the injury occurred, and the worker will be found ineligible for SDB.  To view the notice, go to http://wcd.oregon.gov/IndustryNotices/02-22-18-IN-SDB.pdf.
• The Workers’ Compensation Division has adopted temporary changes to OAR 436-120, Vocational Assistance, to be effective Feb. 23, 2018 through Aug. 21, 2018. Summary of changes:
  • Revised rule 0147: Describes the process for determining a worker’s weekly wage when the worker held multiple jobs at the time of injury, to reflect the Court of Appeal’s decision in Chu v. SAIF 290 Or App 194 (2018);
  • Clarifies that the adjusted weekly wage must consider the total of all of the weekly wages from section (3) of the rule; and
  • Clarifies which version of OAR 436-060-0025 should be used when determining the weekly wage.
• Need for the Temporary Rule(s): Temporary rules are needed because the Court of Appeals found that certain provisions in OAR 436-120-0147 are inconsistent with statute.  To view the notice, go to http://wcd.oregon.gov/laws/Documents/New_rules/120-18051t-short.pdf. The temporary rule became effective on February 23, 2018.
• Posted an industry notice regarding supplemental disability benefits- request for verifiable documentation requirements.  To view the notice, go to http://wcd.oregon.gov/IndustryNotices/02-22-18-IN-SDB.pdf.

REGULATORY ACTIVITY:

• Revised Bulletin 112, "Reimbursement of injured workers' travel, food, and lodging costs," and related forms.  To obtain copies go the links below:
  • http://wcd.oregon.gov/Bulletins/bul_112.pdf (Bulletin 112)
  • http://wcd.oregon.gov/WCDForms/3921.doc (Form 3921)
  • http://wcd.oregon.gov/WCDForms/3921s.doc (Form 3921s - Spanish)
• The Oregon Division of Financial Regulation adopted rule ID 16-2017: Revision of provisions related to registration and regulation of Pharmacy Benefit Managers amending rule OAR 836-200-0401.  It is amended to make technical changes, and to clarify the department’s authority to regulate and enforce PBM provisions under the Insurance Code.  The amendments are effective January 1, 2018. A copy of the order and changes to the rule can be viewed HERE
• Proposed amendments to rules OAR 439-009 Oregon Medical Fee and Payment; OAR 436-010 Medical Services; and OAR 436-015 Managed Care Organizations.  A public hearing will be held Feb. 21, 2018, 10m. at Labor & Industries Building, Room F (basement), 350 Winter Street NE, Salem, Oregon 97301. Closing date for testimony: Feb. 26, 2018. To view the proposed rules, go to: http://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.
• Oregon has posted notice of amendments to OAR 436-001 regarding Procedural Rules, Rulemaking, Hearings, and Attorney Fees. A public hearing will be held Feb. 21, 2018, 10m. at Labor & Industries Building, Room F (basement), 350 Winter Street NE, Salem, Oregon 97301. Closing date for testimony: Feb. 26, 2018.  To view the proposed rule,  go to: http://wcd.oregon.gov/laws/Documents/Proposed_rules_and_testimony/div-001-2018-02-21/1-18XXXp.pdf.
• Published revised bulletin 151 regarding the list of registered vocational assistance providers. To view the bulletin, go to: http://wcd.oregon.gov/Bulletins/bul_151.pdf.  To view the updated list, go to: http://www4.cbs.state.or.us/ex/imd/reports/rpt/index.cfm?ProgID=CE8059.