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Practice tips

Hearings

Please remember to send a formal letter of representation to WCB as soon as you undertake representation of a claimant or employer/insurer in a pending case. Until we get such a letter, your name will not be in our electronic data system for the purpose of scheduling hearings and issuing notices. Further, without your name in our system, our attorney conflict tables (which we use to avoid setting an attorney in two different places on the same date) will be less effective. Thank you for your cooperation.​​​

​The Board has modified and updated its Request for Hearing Form. This form​ is available on the Board’s website. 

Options for the length of hearing on the Request for Hearing Form have been modified. All hearings will be set in ordinary course unless an all-day set is required.

Please begin using the new form immediately. 

Board Review

Briefing Extension Requests On Board Review 

To assist parties in filing a request for a briefing extension, what follows are some 
frequently asked questions and responses. 

Briefing extensions can be filed using any of the following methods: 
  • Fax (503-373-1684) 
  • US Postal Mail 
  • Email (request.wcb@wcb.oregon.gov) 
  • Hand delivered to any WCB staffed office. (See OAR 438-005-0046(1)(a), (e), (f), (h), (i)). ​

  • ​The "extraordinary circumstances" supporting the extension request; 
  • The position of the other party(ies); and 
  • Must be timely filed (submitted on or before date brief is due). (See OAR 438-011-0020(3)). ​

​Extensions are processed within 24 hours of receipt. You can expect a letter to be mailed out via USPS the following business day. As such, be sure to allow 2-3 days for the mail to reach you before contacting the Board regarding its status. ​

​Not at this time. Currently, the only method for responding to extension requests is via USPS mail.​

No, according to the Board’s rules, faxing is considered  "filing."  (See OAR 438-005-0046(1)(i)). You must also provide a copy of the other party(ies).

​Yes, extension requests can be submitted via email to:  request.wcb@wcb.oregon.gov​. You must also provide a copy to the other party(ies).

If the request was sent via fax, a "transmission report" from the sending fax machine verifies whether the transmission was successful. If the request was hand-delivered to a staffed WCB office, staff will affix a date-stamp to any submission. If the request is sent via certified USPS mail, the submitter will receive a certified mail receipt.

​Not at this time, as there is currently no ability to process requests for briefing extensions through the Portal. However, future expansion plans for the Portal include briefing extensions.

​You can fax, mail, email, or hand-deliver briefing extension requests. Also, keep in mind that it takes 24 hours for WCB to process an extension request. Typically, a response will be mailed out the following business day. Please allow 2-3 days for mailing before contacting the Board regarding the status of an extension request.

​There is no particular format or template. You may submit your extension request in a letter. Be sure that it meets the following criteria:  the reason for the extension request; the position of the opposing party; and ensuring it is timely filed. In addition, please include claimant’s name, WCB case number(s), and the specific period of time requested for the extension.​

​If you have attempted to contact the opposing party and have not been able to connect, please detail that information in your request.

​All submissions to WCB, must also be provided to the opposing party or, if represented, the party’s attorney.​

​As with all "Board review-related" questions, the call should be directed to 503-934-0103.​​

CDA practice tips

Some proposed Claim Disposition Agreements (CDAs) neglect to fully comply with 
WCB rules. These proposals result in an addendum letter, requiring supplementation of the CDA before receiving approval. To avoid future delays in the CDA approval process, parties and practitioners are reminded to double-check their agreement before submitting it for Board approval. As a means to reduce or eliminate these processing problems, the CDA Unit has listed the following common situations that result in addendum letters.  

Some CDAs contain a provision stating that the terms of the disposition will be kept confidential. An approved CDA constitutes a Board order and, as such, is a public document. Therefore, if the confidentiality provision of a proposed CDA purports to extend beyond the parties (to include the Board), the CDA is not approvable.  

In addition, some proposed CDAs containing a "confidentiality" clause will occasionally include a "civil remedy" provision that purports to authorize a carrier to bring a civil action for damages for any breach of the "confidentiality" clause. The Board’s authority to approve CDAs does not extend to matters outside of chapter 656. Karen A. Vearrier, 42 Van Natta 2071 (1990). Consequently, if a "confidentiality" clause includes a "civil remedy" provision, the CDA will not be a​pproved.

​Always provide claimant's extent of vocational training and a list of occupations that claimant has performed. OAR 438-009-0022(4)(e), (f). (If claimant is deceased, provide the extent of vocational training and the work history for each of claimant’s beneficiaries. Id. If all surviving beneficiaries are minors, guardianship documents should be included.)

A CDA must include the highest level of education reached by claimant (or if deceased, claimant’s beneficiaries). See OAR 438-009-0022(4)(e). 

​The amounts listed on the summary page and in the body of the CDA should be consistent. If a handwritten change has been made to amounts, all references to the amounts should be changed and all provisions in the CDA consistent. All parties or their representatives should initial/date the changes. ​

A carrier may assign its obligations to pay future installments of CDA payments, provided that the carrier remains ultimately responsible in the event that the assignee is unable to fulfill its obligation. See Thomas H. Kistler, 55 Van Natta 3310 (2003); William I. Tarr, 54 Van Natta 2071 (2002). ​

​Parties/practitioners are encouraged to revise any proposed CDA provision that expressly addresses the release of future "aggravation rights," "new/omitted medical condition claims," "own motion relief" rights, and penalties/attorney fees (whether in the "summary page" or in the text of the CDA) to clarify that such a release is "partial" because the claimant remains entitled to any "medical service-related" benefits concerning such rights. See Merritt Hopson, 67 Van Natta 1426 (2015).​

​For CDAs involving a child support lien, 50 percent of the total consideration (prior to the allowance for an attorney fee) is subject to the child support lien. See ORS 656.234(2)(b); ORS 656.234(3)(c). In other words, the total consideration is subject to the child support lien, rather than the total consideration after the attorney fee is deducted.

​The CDA should contain signature lines for two Board Members who will sign the agreement or the Administrative Law Judge who mediated the agreement (whichever is applicable).

​Provide a postcard for an unrepresented claimant, unless the CDA is filed by way of the portal.

​Some submitted CDAs have missing pages, often including the Order paragraph and Board Member signature lines. Before filing the CDA, double check that all pages have been included.

Both agreements may be filed simultaneously. The Disputed Claim Settlement (DCS) will be held until the CDA is approved; thereafter, notice of their approval will be announced together. If a claimant is unrepresented, the 30-day “cooling off” period under ORS 656.236(1)(b) applies. Therefore, if the agreements are filed together, they will be held until expiration of the 30-day period. 

​A copy of the CDA need not be filed. OAR 438-009-0025(1). In addition, signatures of the parties and attorneys may be provided in writing, by FAX, or other electronic means. OAR 438-005-0046(4). ​

A CDA may include signatures that have been faxed or scanned between the parties/attorneys.

Notification of approval is provided via the portal. In addition, WCB’s website allows parties and practitioners to access information concerning approved CDAs. Specifically, WCB posts a list of approved CDAs, which are compiled on a daily basis. This notification confirms that the listed CDAs have been approved by two Board Members or an ALJ/Mediator. The list is updated daily, including the date of approval, claimant name, and CDA number. A link to the CDA web page can be accessed at: http://www.oregon.gov/wcb/board-orders/Pages/index.aspx​. 

​Registered users of the WCB Portal can file CDAs electronically by the portal. Announcements of the CDA approval will be emailed to registered portal contacts. Be sure to activate your Settlement and CDA notifications in the "Contact Detail" of the portal.

Contacts

​​​​​​Hearings
Hearings Division Program Coordinator​
Assistant to the Presiding ALJ
Workers' Compensation Board
971-673-0924​

​​​​​Board Review line
503-934-0103​​​

​Claim Disposition Agreement
CDA Coordinator
Workers' Compensation Board
503-934-0116

​Own Motion
Own Motion Coordinator
Workers' Compensation Board
503-934-0103