Legal

Frequently asked Hearings questions​​

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You can request a hearing in writing, either mailed or hand-delivered to one of our staffed offices in Salem, Eugene, Portland, and Medford. You can also fax your hearing request to 503-373-1600. Please include your name, address, employer, date of injury and claim number. Hearing Request Form​ & Instructions for filing​ a Request for Hearing

 
WCB Salem - 2601 25th St. SE, Suite 150, Salem, OR 97302
WCB Portland - 16760 SW Upper Boones Ferry Road, Suite 220, Portland, OR 97224​
WCB Eugene - 1140 Willagillespie Road, Suite 38, Eugene, OR 97401
WCB Medford​ - 115 W Stewart Ave., Suite 102, Medford, OR 97501
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Call the Oregon State Bar Referral Service at 800-452-7636 (toll-free) for an attorney in your area who specializes in workers' compensation law, or try the yellow pages in your phone book. Attorneys get a fee only if they win your case. In some instances, your employer's insurer pays the fee. In others, the fee is paid from your award of compensation.​​​​​
To get a hearing postponed, you must have a good reason, such as recently hiring an attorney. You must contact the opposing party to get their position on your request for postponement. Then, you must contact the Hearings Division — either in writing, via fax, by telephone, or using WCB online services — to request a postponement. Do not assume your request will be automatically granted. The Hearings Division will then notify you whether your hearing has been postponed.​​​
The law requires new requests for hearing to be scheduled within 90 days of the request. The law requires postponed cases to be rescheduled within 120 days. Many factors affect the availability of docket time: holidays, mediations, or OSHA hearings that have to be scheduled.​​​
If you are withdrawing your request for hearing, you must inform the Hearings Division in writing. Once your submission has been received, an Order of Dismissal will be issued. If you have settled your case, please inform the Hearings Division of the settlement.​​​
The 30-day deadline for issuance of an order starts when the record closes. Sometimes the record does not close on the day of the hearing because more evidence (for example, a medical report or a deposition of a doctor) has to be obtained and submitted to the administrative law judge.​​​

Frequently asked Board Review questions

You can hand-deliver your written request to any of WCB’s staffed offices. The addresses for WCB’s staffed offices are:

WCB Salem - 2601 25th St. SE, Suite 150, Salem, OR 97302
WCB Portland - 16760 SW Upper Boones Ferry Road, Suite 220, Portland, OR 97224​
WCB Eugene - 1140 Willagillespie Road, Suite 38, Eugene, OR 97401
WCB Medford - 115 W Stewart Ave., Suite 102, Medford, OR 97501

or do one of the following:

Fax your request to 503-373-1684
Email your request to request.wcb@state.or.us​
File your request by way of the WCB Portal
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Except in extraordinary circumstances, Board Review will be scheduled within 90 days after it receives the request for review. After that review is completed, the Workers' Compensation Board will make its decision within 30 days.​​​​​​​​​
Yes, you can file a request for an extension of time.  Tips on filing an extesion of time can be found here​.​​​
Several factors can affect on the review. They are: whether the parties request extensions of the briefing schedule, whether procedural motions were raised, the complexity of the case, the extent of the record, the potential significance or novelty of the issues raised, and whether the members can reach a consensus.​​​​​​​
Yes. However, the Workers' Compensation Board (WCB) cannot consider any information that was not admitted as evidence at the hearing level. But, if WCB considers the new information relevant, it may be presented to, and considered by the administrative law judge, provided that WCB decides to remand the case to the Hearings Division.​​​​​​
A Workers' Compensation Board order becomes final 30 days after it is issued. If the compensation due is temporary disability ultimately found payable under the order, payment should begin within 14 days from the date the order becomes final. If the compensation due is permanent disability ultimately found payable under the order, payment should begin within 30 days from the date the order becomes final.​​​​​

​​​​Frequently asked Claim Disposition Agreement (CDA) questions

If the claimant is represented by an attorney and is waiving the 30-day "cooling off" waiting period: It takes seven to 10 days from the date the Workers' Compensation Board receives the CDA for it to be approved. Board requests for more information or clarification can extend the time before approval.

If the claimant is unrepresented: The earliest the Workers' Compensation Board can approve the CDA for an unrepresented claimant is the 31st day from the date the Board receives the CDA. See ORS 656.236(1)(a)(C) and (1)(b); OAR 438-009-0022(3)(k).​
The Workers' Compensation Board may find an ambiguity or error in the CDA and request an addendum from the parties to amend, supplement, or clarify the CDA. See CDA Practice Tips​ that explain frequent problems.​​​​​
No, a copy is not required.​​​
Yes, if transmitted between parties and attorneys. However, a CDA must be filed by Portal, mailing, or hand delivery to the Workers' Compensation Board. (Presently, fax and email filing is not permissible.)​​​​​
The law requires the Workers' Compensation Board to confirm that the CDA complies with the law and that there are no errors, inconsistencies, or ambiguities.​​​
The law requires the Workers' Compensation Board to give unrepresented claimants 30 days from the date of Board receipt of the CDA an opportunity to withdraw the CDA if they change their minds.​​​
Yes, you can drop off a CDA or addendum at any of WCB's staffed offices. The addresses of WCB's staffed offices are:

WCB Salem - 2601 25th St. SE, Suite 150, Salem, OR 97302
WCB Portland - 16760 SW Upper Boones Ferry Road, Suite 220, Portland, OR 97224​
WCB Eugene - 1140 Willagillespie Road, Suite 38, Eugene, OR 97401
WCB Medford​ - 115 W Stewart Ave., Suite 102, Medford, OR 97501​
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Yes, addendums can be faxed to 503-373-1684.​​​
Yes. Make your request to expedite in writing by mail or fax. However, when a claimant is unrepresented, Workers' Compensation Board (WCB) approval cannot be granted until the 31st day after WCB receives the CDA.​​​
You will receive notice by "Portal" notice to attorneys and carriers (if they are registered users), posting on WCB's website, postcard (if submitted by the parties), or by Workers' Compensation Board order.​​​​​​​​
Unless otherwise stated in the CDA, the carrier has 14 days after the Workers' Compensation Board approves the CDA to issue a check. Concerns regarding late payment should be directed to your attorney or to a benefit consultant at the Workers' Compensation Division at 800-452-0288 (toll-free in Oregon) or 503-947-7585.​​​

​​ ​​​​Frequently asked Interpreter Services questions​

Certified means an interpreter who meets one of the following:
• Is certified under the program established under ORS 45.291
• Is certified as an interpreter by the federal courts
• Is certified as an interpreter in another state that has a certification program that is equivalent to the program established under ORS 45.291.

Qualified means a person who:
• Is not certified, but is readily able to communicate with the non-English-speaking person and who can orally transfer the meaning of statements to and from English and the language spoken by the non-English-speaking person.

WCB must hire certified court interpreters first. If a certified interpreter is unavailable, a qualified interpreter will be hired.​
Disabled person means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment.​​​​​
Non-English-speaking person means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate effectively in the proceedings.​​​​
WCB pays for the interpreter when interpretation services are provided by WCB. A WCB contractor must perform interpretation services for hearings.​​​​
​​​​​Frequently asked Own Motion questions
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Contacts ​

​​​​​​​​​Hearings
Mediation Program Coordinator
and 
Administrative Assistant to the
Presiding ALJ​
Workers' Compensation Board
503-934-0104​
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​​​​​​​​​​​​​Board Review line
503-934-0103​​
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Claim Disposition Agreement
CDA Coordinator
Workers' Compensation Board
503-934-0116​
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​​​​​​​​​​​​​​​​​​​​​​​​​​​​Own Motion
Own Motion Coordinator
Workers' Compensation Board
503-934-0113​