REGULATORY ACTIVITY:

• Published the October edition of Case News and Notes.
• The Workers’ Compensation Division has published notice of proposed amendment of OAR 436-060-0025,  “Rate of Temporary Disability Compensation,” to its website: http://wcd.oregon.gov/laws/Documents/Proposed_rules_and_testimony/Div-060-2017-12-18/mailpiece.pdf.
• A public rulemaking hearing is scheduled for:
  • Dec. 18, 2017, 9 a.m.
    Room F, Labor & Industries Building 350
    Winter St. NE, Salem, Oregon
• 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 testimony is Dec. 21, 2017.
• In summary the proposed rule will:
  • Restore the method for determining the weekly wage for workers employed through a union hiring hall to the one in place before Jan. 1, 2017; for these workers, insurers must calculate the rate of compensation on the basis of a five-day work week at 40 hours a week, regardless of the number of days actually worked per week
  • Correct a typographical error to explain that the insurer may not include any gap in “earnings” (not “employment”) of more than 14 days that was not anticipated in the wage earning agreement, when calculating the average earnings; and
  • Clarify that when a wage earning agreement has been changed due to reasons other than a pay raise, it is a new wage earning agreement.
• The following Workers’ Compensation Division publications have been updated:
  • “Important information about independent medical exams” http://wcd.oregon.gov/Publications/3923.pdf
  • “What happens if I’m hurt on the job?” http://wcd.oregon.gov/Publications/1138.pdf

REGULATORY ACTIVITY:

• Has updated Bulletin 112 for reimbursement of injured workers' travel, food, and lodging costs.  Lodging and meals rates are effective October 1, 2017 through September 30, 2018.  Private vehicle mileage rate is effective January 1, 2017.
• Posted notice regarding the effects House Bills 2337 and 2338 will have on PTD and fatal benefits.
• The Workers’ Compensation Division (WCD) recently updated the Training Guide to Performing Independent Medical Exams. Update includes:
  • IME provider expectations
  • Self-evaluation
  • Provider awareness
  • Examples of worker’s complaints and tips to avoid IME complaints.
• Posted proposed amendments to Rule Chapter 436 Division 050 regarding Employer/Insurer Coverage Responsibilities.
• The Department of Consumer and Business Services has updated its web-based PTD calculator posted to: https://www4.cbs.state.or.us/exs/wcd/ptd/
• The PTD calculator has two versions available:
  • The "web" version is used with an active internet connection and updates automatically. The web calculator is the preferred version if you have an internet connection.
  • The "stand-alone" version of the web calculator is for offline use (no active internet connection). The standalone version will automatically update when an internet connection is established. To update, you must have an active internet link, then start the stand-alone calculator and allow it to update. You can obtain this version using the link on the PTD calculator webpage, https://www4.cbs.state.or.us/exs/wcd/ptd/.
• This calculator is kept up to date and has been tested with the major web browsers. It should work   on any operating system.  If you have questions about or difficulties with the web-based PTD calculator, please contact Barbara Belcher at the phone number or email address:  Workers' Compensation Division (503) 947-7751/FAX (503) 947-7725 email barbra.hall@oregon.gov.
• Oregon has posted an addendum to bulletin number 124 regarding cost of living matrix and corrected vocational assistance fee schedule effective July 1, 2017.
• Revised Bulletin 102, "Reimbursement from the Retroactive Program," and Form 3285, "Request for Reimbursement from the Retroactive Program," are available online at:
• http://wcd.oregon.gov/Bulletins/bul_102.pdf (Bulletin 102) http://wcd.oregon.gov/WCDForms/3285.xlsx (Form 3285) http://wcd.oregon.gov/BulletinExtra/3285exmp.xlsx (Example of completed Form 3285)
• The Workers’ Compensation Division has posted final (permanent) rules, effective Oct. 8, 2017, affecting:
  • OAR 436-010, Medical Services,
  • OAR 436-030, Claim Closure and Reconsideration, and
  • OAR 436-035, Disability Rating Standards.
• Link: http://wcd.oregon.gov/laws/Documents/New_rules/10-30-35-17055-7lc.pdf.
• These rules will replace temporary rules issued by the division after the Supreme Court’s decision in Brown v. SAIF Corporation, 361 Or 241 (2017).  You may review public testimony and the agency’s responses at:  http://wcd.oregon.gov/laws/Documents/Proposed_rules_and_testimony/Div-010-030-035p-2017-07-25/TNR-final-2017-09-07.pdf

REGULATORY ACTIVITY:

• The Oregon Workers’ Compensation Division will review the following rules and develop a list of issues and potential rule amendments:
  • OAR 436-009, Oregon Medical Fee and Payment
  • OAR 436-010, Medical Services
• The Oregon Division of Financial Regulation recently announced the following Proposed Rulemaking:
  • Workers' Compensation Statistical Plan
    Amend:
    • OAR 836-042-0015; OAR 836-042-0035; OAR 836-042-0045
    • OAR 836-042-0015(2) requires that rate filings be accompanied by a transmittal letter with a specific format prescribed by rule. The proposed rulemaking would allow insurers to file the transmittal letter without being in a specific format as long as it contains the required information listed on the DFR website.
    • OAR 836-042-0015(8) -(9) requires insurers to duplicate filings made to DCBS and submit them to its rating organization for review. In practice, this requirement does not serve a meaningful purpose. DCBS reviews submissions from insurers, which is independent from, and does not rely upon a review from the rating organization. The proposed rulemaking would eliminate the requirement to submit duplicate filings to the rating organization for review.
    • OAR 836-042-0035 contains a reference to a provision in the insurance code that has moved from ORS 743 to ORS 742. The proposed rulemaking updates the statutory reference.

• ORS 737.225 directs the Director to designate the statistical plan for workers' compensation insurance.
• OAR 836-042-0045 designates the Statistical Plan for Workers Compensation and Employers Liability Insurance, 2008 Edition, revised in 2014 and filed by the National Council on Compensation Insurance (NCCI). The proposed rulemaking would designate the NCCI plan with revisions as of January 1, 2018.
• Public comment: The agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.
• Published Bulletin 345 regarding employer reimbursement for medical service costs.  The bulletin is effective January 1, 2018.  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, 2016.

REGULATORY ACTIVITY:

• Posted in the July register notice of hearing by the Department of Consumer and Business Services, Workers' Compensation Division, Chapter 436 Rule Caption: Amendments to reflect the Oregon Supreme Court's decision in Brown v. SAIF Corporation.
• Enrolled House Bill 2335 has been passed by both houses of the Oregon Legislature and signed by Governor Brown. Effective Jan. 1, 2018, when the director (of the Department of Consumer and Business Services) appoints a medical arbiter panel, the director may appoint either a two member or three-member panel. Currently, panels must have three members. The basis for the decision on the size of the panel must be criteria that the director sets by rule. The affected rule is OAR 436-030-0165. The Workers' Compensation Division has scheduled a rulemaking advisory committee meeting. The agenda for the meeting and draft rule (in one file) are posted to the division 's website: http://wcd.oregon.gov/laws/Documents/rule-meetings/2017/2017-07-25-SAC-030/SAC-agenda-2017-07-25-HB2335.pdf. Time and location and teleconference information:
  • July 25, 2017, 10:30 a.m. to Noon (or until finished), Pacific Daylight Time Room F (basement), Labor and Industries Building, 350 Winter Street NE, Salem, Oregon
  • Teleconference: 1-213-787-0529 | Access code: 9221262#
• The division plans to limit this rulemaking to what is necessary to carry out the requirements of HB 2335.
• Posted an industry notice regarding new rejection process for missing required information on insurer prepared Forms 801 and 1502.
• The Workers’ Compensation Division will resume auditing self-insured employers’ premium assessment filings in the fall of 2017 for the time July 1, 2016, through June 30, 2017.  All self-insured employers (including self-insured employer groups) will be subject to the audit. This audit was last performed in 2010. The purpose of the audit is to determine the accuracy and appropriateness of the records, reports, and payroll classifications submitted to the Department of Consumer and Business Services. The requirements and guidelines for filing premium assessments are prescribed by OAR 436-085 and the applicable bulletin. Additional audit details will be communicated before conducting the audit.  The results of the audit may be used to determine and collect additional assessment amounts due, or credit previous over-payments. Self-insured employers’ experience rating modifications may also be recalculated using audited payroll information. In addition, self-insured employers may be assessed civil penalties for reasons including, but not limited to, the submission of inaccurate or inappropriate assessment filings. If you have questions about this notice, contact Self-Insurance, Registration, and Reimbursements Manager Barbra Hall at 503-947-7751 or barbra.hall@oregon.gov.

REGULATORY ACTIVITY:

• Published bulletin 376.  This bulletin notifies self-insured employers of the new base rates to be used for premium assessment during the July 1, 2017 through June 30, 2018 fiscal year. In addition, this bulletin provides reporting instructions and rating plan options. This bulletin replaces amended Bulletin 374 dated Nov. 1, 2016.
• Posted notice regarding insurance annual reporting.
• Published in the June 1, 2017 Bulletin Adoption of Annual and Supplemental Statement Blanks and Instructions for Reporting Year 2016.
• Has published a report that is the estimate of the total number of Oregon employees covered by Workers' Compensation (WC) insurance in 2016. The table includes final data for 2012-2015. The information in the table is organized by industry division, and by industry code/name.
• Oregon has revised bulletin 1 effective July 1, 2017.  This bulletin publishes the annual adjustment to attorney fees awarded under ORS 656.262(11) (a) and ORS 656.308(2) (d).  See OAR 438-015-0038; OAR 438-015-0055(5); OAR 438-015-0110(3).  This bulletin replaces Bulletin No. 1 dated June 1, 2016.
• Proposed revision to the Certificate of Compliance filing form reflecting Division of Financial Regulation.
• Amend: OAR 836-010-0011- The proposed rule updates the Certificate of Compliance sample form required as a part of each rate and form filing. The form sample is currently an exhibit within OAR 836-010-0011, this rulemaking will remove the exhibit from the rule and place it on the Division of Financial Regulation website. In addition, the proposed rule updates the form to correct the reference to the Oregon Insurance Division to the Division of Financial Regulation to reflect the official name change that occurred in January of 2016. Currently, a rulemaking is necessary to replace references to the Oregon Insurance Division with the Division of Financial Regulation because this form is an exhibit within the rule. This rulemaking will allow for future updates to the form to be carried out without having a formal rulemaking process.  Public comment: The agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.  Filed: June 12, 2017 Public hearing: July 27, 2017, 1:30 p.m.  Last day for public comment: August 4, 2017, 5:00 p.m.
• The Workers’ Compensation Board held a meeting at 10:30 a.m. on Thursday, June 29, 2017, in Hearing Room A, at 2601 25th St. SE, Suite 150, Salem, OR.  On the agenda is: Mandatory quarterly Board meeting pursuant to OAR 438-021-0010(1) (d).   The meeting location was accessible to persons with disabilities.
• The Oregon Workers' Compensation Division has posted proposed rules to its website:
  OAR 436-010, Medical Services
  • OAR 436-030, Claim Closure and Reconsideration
  • OAR 436-035, Disability Rating Standards
• The division will be holding a public hearing on the proposed rule on July 25, 2017, 9 a.m. in the Labor & Industries Building on 350 Winter Street NE, Room F (basement), Salem, Oregon 97301.

LEGISLATIVE ACTIONS:

• House Bill 2186
  The enacted legislation allows Director of Department of Consumer and Business Services to certify self-insured employer group created by intergovernmental agreement underORS30.282as a self- Insured employer group for purposes of workers' compensation insurance.  Effective Date January 1, 2018.

• House Bill 2192
  The enacted legislation increases term of Workers' Compensation Management-Labor Advisory Committee members from two years to three years. Effective Date January 1, 2018.

• House Bill 2335
  The enacted legislation permits Director of Department of Consumer and Business Services, at request of party to proceeding to close workers' compensation claim, to appoint as many as three members to panel of medical arbiters in accordance with criteria director sets by rule. Effective Date January 1, 2018.

• House Bill 2236
  The enacted legislation permits Director of Department of Consumer and Business Services to appoint claims processing agent for self-insured employer or self-insured employer group that defaults or cancels employer's or group's certification or that director decertifies. Effective Date January 1, 2018.

• House Bill 2337
  The legislation as enacted increases workers' compensation benefits for permanent total disability and permanent partial disability. If permanent total disability results from [the] a worker’s injury, the worker shall receive during the period of that disability compensation benefits equal to 66-2/3 percent of wages [not to exceed 100], no more than 133 percent of the average weekly wage [nor] or no less than [the amount of 90 percent of wages a week or the amount of $50, whichever amount is lesser] 33 percent of the average weekly wage.  Effective Date January 1, 2018.

• House Bill 2338
  The enacted legislation specifies only one monthly benefit rate for children of deceased worker and uniform duration of benefits for children under 19 years of age. A [dependent] child of any age who [is an invalid is a child, for purposes of benefits, regardless of age, so long as the child was an invalid at the time of the accident and thereafter remains an invalid substantially dependent on the worker for support. For purposes of this chapter, a dependent child who is an invalid is considered to be a child under 18 years of age] was an invalid at the time of the accident and thereafter remains an invalid substantially dependent on the worker for support.  Effective Date January 1, 2018.

• Senate Bill 856
  The legislation as enacted allows naturopathic physicians to perform certain actions that physicians are authorized to perform. Effective Date January 1, 2018.

REGULATORY ACTIVITY:

• An industry notice was released by the state of Oregon: “Accurate and timely claim reporting is essential to ensure the Workers’ Compensation Division has accurate and complete claim data. The division uses claim data to monitor industry performance, respond to inquiries, perform dispute resolution, and assist with return to work. ORS 656.264 and OAR chapter 436 require insurers and self-insured employers to report certain claims information to the division. Any delay in providing this information impedes the division’s regulatory processes.  Since 2012, the division has sent Insurer Delinquency Reports each quarter (January, April, July, and October) by certified mail to claim processors. The delinquency report identifies missing claims data, forms, and related documents that have not been reported to the division. Claim processors are required to respond to each item included on the delinquency report within 30 days from the date on the cover letter included with the report. The division is aware that several claim processors are not responding timely, leaving many report items unresolved over several quarters or years.   Under ORS 656.745(2), OAR 436-060-0011(10), and OAR 436-060-0200, the director may issue a civil penalty against any insurer or self-insured employer that fails to comply with statutes, rules, or the director’s orders regarding reports or failure to file required notices or forms within time frames required by rule.   Starting with the July 2017 delinquency report, the division will assess civil penalties against insurers or self-insured employers for items not resolved by the deadline. Each unresolved item on the delinquency report that is more than 30 days from the report cover letter date will be penalized.  If there are items on the delinquency report that are not the responsibility of the claims processor listed, the processor must respond with that information within the 30 day time frame. A nonresponse will be considered unresolved and subject to penalty.  The division expects claim processors to review and respond to the delinquency report in a timely and complete manner.   For questions about the delinquency report, contact Quality Control Specialist Kim Muller at kim.a.muller@oregon.gov or 503-947-7596. For questions about civil penalties, contact Medical Resolution and Sanctions Manager Steve Passantino at steve.s.passantino@oregon.gov or 503-947-7584. “
• The Oregon Supreme Court issued its decision in Brown v. SAIF Corporation (361 Or 241) on March 30, 2017, reversing the Court of Appeals decision. The Supreme Court’s opinion is available on the Judicial Department’s website at: http://www.publications.ojd.state.or.us/docs/S062420.pdf.  The court’s decision interprets terminology used in ORS chapter 656, including “injury,” “compensable injury,” and “accepted condition.” The court’s interpretation impacts the Workers’ Compensation Division’s administrative rules, particularly the rules in OAR chapter 436, divisions 030 (Claim Closure and Reconsideration) and 035 (Disability Rating Standards).   The division is reviewing its rules to determine what changes need to be made. We want to act quickly, but thoughtfully. In the coming days we will develop and share a plan for the rulemaking process. The process will include an opportunity for stakeholders to participate and provide input.  In the meantime, there will be a transition period before the division is able to fully implement the changes. Requests for reconsideration that are currently pending before the Appellate Review Unit will be reviewed with the Supreme Court’s decision in mind. We do not plan to abate Orders on Reconsideration that have already been issued; orders that have not yet become final may be appealed to the Hearings Division.  If you have question about this notice, please contact Appellate Review Unit Manager Danae Hammitt at 503- 947-7753 or danae.c.hammitt@oregon.gov.  Questions about the division’s rulemaking process can be directed to Fred Bruyns, rules coordinator, at 503-947-7717 or fred.h.bruyns@oregon.gov.
• This industry notice supersedes the previous Dec. 28, 2016, notice “Application of an incurred but not reported (IBNR) factor” and provides information about upcoming changes to the method the Workers’ Compensation Division uses to calculate security deposits for self-insured employers and employer groups.   Due to ambiguity in Oregon Administrative Rule (OAR) 436-050-0180(1)(e) regarding the incurred but not reported (IBNR) calculation, the division will apply an IBNR factor to all security deposit calculations for self- insured employers and employer groups beginning in 2018.  Following rulemaking, it is anticipated that IBNR will be calculated by applying a loss development factor against the employer’s incurred losses, which includes both future claim liability and annual incurred losses. This is consistent with the information shared throughout the Division 50 rulemaking process carried out in 2015 and 2016, but inconsistent with the final wording of the rule.   Application of an IBNR factor helps ensure that security deposits for self-insured employers and employer groups are sufficient to cover their respective claim liabilities and other amounts due to the director under ORS chapter 656 in the event of default or insolvency. In previous years, the division has applied an IBNR factor of 0 percent to security deposits. However, the Department of Consumer and Business Services actuaries have advised a factor of 20 percent to safely include all costs of injuries that will be filed as claims at a later date.   To provide self-insured employers and employer groups time to plan for and finance the resulting increases in their security deposits, the division will raise the IBNR factor incrementally over a period of three years, starting in 2018, reaching 20 percent in 2020. After reaching 20 percent, the factor will be periodically reviewed for sufficiency. The planned implementation is as follows:    2018 IBNR Factor 7%  2019 IBNR Factor 14%  2020 IBNR 20 %  The division understands that this is a significant shift in the security deposit calculation process that will require more financial contribution from self-insured employers and employer groups. However, this change is necessary to ensure the long-term health of the self-insurance coverage option in Oregon while placing the financial burden of insolvent self-insured employers and employer groups on the responsible entities.
• The Workers’ Compensation Division has published temporary rules to its website:

OAR 436-010, Medical Services http://wcd.oregon.gov/Rules/div_010/10-17052t_ub.pdf
OAR 436-030, Claim Closure and Reconsideration http://wcd.oregon.gov/Rules/div_030/30_17053t_ub.pdf
OAR 436-035, Disability Rating Standards http://wcd.oregon.gov/Rules/div_035/35_17054t_ub.pdf

• These rules are effective  April 11, and align the Workers' Compensation Division's rules with the Supreme Court’s decision in Brown v. SAIF Corporation (361 Or 241).
• The amended rules have been incorporated into their respective divisions, which are now a combination of permanent and temporary rules.
• Oregon has published a revised Bulletin No 248 regarding MCO geographic service areas (GSAs) on April 27, 2017.  This bulletin notifies all interested parties of current MCO GSAs.  The division is revision this bulletin to add an additional ZIP code (GSA 11:97703 to Exhibit A.  This bulletin replaces Bulletin No 248 issued March 19, 2015.
• The Workers' Compensation Division published the following Industry Notice dated April 26, 2017:
  • "Employer and insurer responsibilities under workers’ compensation large deductible policies."  If you have questions about this notice, contact the division at 503-947-7176 or wcd.ldpinquiries@oregon.gov.
• The division revised Bulletin 239, "Claim closing and other impairment-focused examinations and forms for reporting impairments," to reflect changes to the Oregon Administrative Rules effective April 11,2017, as a result of the Oregon Supreme Court's opinion in Brown v. SAIF Corporation, 361 Or 241 (2017). Bulletin 239 is available online: http://wcd.oregon.gov/Bulletins/bul_239.pdf.

FEE SCHEDULE NEWS:

• The state has adopted a new medical fee schedule effective April 1, 2017.  New updates to the medical fee schedule are expected January 2018.
• The state has also adopted changes to the Hospital Cost-to-Charge Ratios effective April 1, 2017. The next expected update is on October 1, 2017

REGULATORY ACTIVITY:

• The Workers’ Compensation Board held a meeting at 10 a.m. on Thursday, March 16, 2017, in Hearing Room A, at 2601 25th St. SE, Suite 150, Salem, OR.  On the agenda is:  Discussion of proposed rule concepts concerning cost bill procedures (OAR 438-015-0019).
• The Workers’ Compensation Board revised Bulletin 144, "Premium assessments," and Form 910, "Workers' Compensation Insurer Premium Assessment Report". These are available online: http://wcd.oregon.gov/Bulletins/bul_144.pdf (Bulletin 144);
  http://wcd.oregon.gov/WCDForms/910.xls (Form 910).
• Oregon has released Bulletin 290 to become effective April 1, 2017. This bulletin provides updated adjusted cost-to-charge ratios. This bulletin replaces corrected Bulletin 290 issued Sept. 19, 2016.
• The Workers' Compensation Division revised the following forms: Form 1867, "Application for Self-Insured Employer Group:" http://wcd.oregon.gov/WCDForms/1867.doc; Form 1868, "Application for Self-Insurance:" http://wcd.oregon.gov/WCDForms/1868.doc; and Form 1969, "Endorsement to Self-Insured Group Application:" http://wcd.oregon.gov/WCDForms/1869.doc.

REGULATORY ACTIVITY:

• Published Bulletin No 147 Revised January 4, 2017 regarding security deposits for self-insured employers, self-insured employer groups, and other interested parties. This bulletin explains the acceptable forms of security deposit allowed under Oregon Administrative Rule (OAR) 436-050-0165. This bulletin replaces Bulletin 147 issued January 25, 2010.  Important changes include:
  • Addition of new language to Forms 824 and 1810 concerning self-insured entities
  • Elimination of Form 3640b “Irrevocable Standby Letter of Credit”
  • Removal of the “a” from the title of Form 3640a “Irrevocable Standby Letter of Credit”
  • Structural changes to the bulletin language and additional information regarding irrevocable standby letters of credit (ISLOCs). 

• The Division posted bulletin 151 regarding revised list of vocational rehabilitation providers.  The bulletin provides a link to the updated list of registered vocational rehabilitation providers as required by ORS 656.340(10).  The Workers’ Compensation Division publishes bulletin 151 annually.  This bulletin replaces the one issued on January 21, 2016.
• Oregon just released Bulletin 342 regarding Determination of "gainful occupation" for permanent total disability evaluations.  This bulletin provides examples of gainful occupation to be used to determine eligibility for PDT benefits under ORS 656.206 and updates the annual percentage of change in the federal poverty guidelines for a family of three that apply to Oregon residents.  This bulletin replaces the one dated February 6, 2016.
• The Division also published the January edition of news and case notes.
• The Division revised Form 5042, "Claim Move Notice: Changing locations of processing or storing of claims." This form is for use by insurers and self-insured employers to provide required notification to the division of a change in processing or storage location for claims. http://wcd.oregon.gov/WCDForms/5042.doc (Form 5042)
• The Division created a new form, Form 5188, "Insurer Contact Update." This form is for use by insurers and self-insured employers to provide required notification to the division of a change in contact information.
• The Division revised Form 4875, "Preferred Worker Placement Assistance Agreement," to add to the WCD USE ONLY section of the form the line, "Maximum approved under this agreement: $____________." The division normally publishes this form under Bulletin 189 however, because no substantive changes affecting customer use of the form were made, the bulletin was not republished. The revised version of Form 4875 (2/10) should be used immediately.
• The Workers’ Compensation Division has recently revised the Claims Examiners Guide for Interaction with Independent Medical Exam Providers. Reading this guide covers the one-hour training requirement for claims examiner interaction with IME providers (OAR 436-055).
• The 16-page guide explains:
  • The differences between IMEs, WRMEs, medical arbiter exams, and physician review exams;
  • Who can perform IMEs;
  • IME standards;
  • Appropriate communication with IME providers;
  • Insurer responsibilities;
  • Worker’s rights and responsibilities;
  • IME reports; and
  • Workers’ compensation terms.

REGULATORY ACTIVITY:

• Bulletin 189, "Preferred Worker Program, Oregon Administrative Rules (OAR) 436-110," and related forms have been revised.  The bulletin describes the types of assistance available through the Preferred Worker Program and how to use the attached forms to request assistance.  The division is revising this bulletin and related forms, and introducing a new form, Form 5135 "Preferred Worker Program Placement Payment Request", as a result of rule changes effective January 1, 2017. This bulletin effective January 1, 2017 replaces Bulletin 189 effective May 8, 2015.  The forms being revised are: 2190, 2350, 3293, 4122, 4875, 3014, and 4903.  Form 2968 is not being revised.  Form 5135 is a new form.
• Oregon has released revised bulletin Number 112 regarding reimbursement of injured workers travel, food and lodging costs. The bulletin was issued on January 3, 2017. 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 adopt the private vehicle mileage rate, effective January 1, 2017.  The lodging and meal rates remain the same as previously published. This bulletin replaces Bulletin No. 112 dated Sept. 6, 2016.  Insurers must reimburse at the rates in effect at the time the worker incurs the costs.
• The US Department of the Treasury has published guidance for stand-alone Cyber Security insurance and TRIA. The document is dated December 20, 2016 and can be viewed at https://federalregister.gov/d/2016-31244. Oregon expects all commercial insurers to comply with this federal guidance.  Oregon product standards checklist 440-3610 contains the appropriate TOI and sub-TOI coding for filing a Cyber Security product.  Please contact Jan Vitus at 503-947-7278 or vitus@oregon.gov if you have questions or need assistance.
• Oregon has issued bulletin 101 Revised and 310 Revised.
• Bulletin 101:
  • This bulletin provides or describes forms that meet the requirements of Oregon Revised Statute (ORS) 656.265, and Oregon Administrative Rules (OAR) 436-060-0010 and 436-060-0015:
    • Form 801, “Report of Job Injury or Illness”
    • Form 3283, “A Guide for Workers Recently Hurt on the Job”
    • Form 1138, “What happens if I’m hurt on the job?”
  • The Workers’ Compensation Division revised Form 801 to add acknowledgements to the worker and employer sections of the form explaining that the worker has the right to choose a health care provider, subject to certain restrictions. The employer is reminded that restriction of the worker’s choice of or access to a health care provider may result in civil penalties. Insurers are encouraged to start using the new form immediately. However, to allow time for insurers to update their systems, insurers have until April 1, 2017 to distribute the new forms to their insureds. Form 801 claim filing requirements are described in OAR 436-060-0010 and OAR 436-060-0011.  Requirements related to Forms 3283 and 1138 are in OAR 436-060-0015.  This bulletin replaces Bulletin No. 101 dated Dec. 2, 2015.

• Bulletin 301:
  • This bulletin provides a revised Form 801. The division revised Form 801 to add acknowledgements to the worker and employer sections of the form explaining that the worker has the right to choose a health care provider, subject to certain restrictions. The employer is reminded that restriction of the worker’s choice of or access to a health care provider may result in civil penalties. Form 3283 has not been revised. This bulletin replaces Bulletin 310 dated December 9, 2015.
• Revised form 3058 has been published in Spanish.  Form 3058 goes with Bulletin 232 issued December 22, 2016.
• Oregon has posted notice regarding proposed changes to Oregon Rules:
  • OAR 436-009 Oregon Medical Fee Schedule and Payment Rules OAR 436-010 Medical Services.

• In connection with these proposed changes Oregon will be holding a public hearing on February 16, 2017 at 10:00 a.m. at the Labor and Industries Building on 350 Winter Street NE, Salem, Oregon in Room F.  Stakeholders can either attend the meeting and make oral comments or submit written comments regarding the proposed rule changes.  Written comments can be submitted to Fred Bruyns, Rules Coordinator Workers' Compensation Division 350 Winter Street NE, P.O. Box 14480 Salem, Oregon 97309-0405; e-mail fred.h.bruyns@oregon.gov.   The closing date for written comments is February 22, 2017.  Any question regarding the hearing or the submission of written comments should be directed to Fred Bruyns 503-947-7717 or e-mail h.bruyns@oregon.cov.