WCD Adopts Arbiter Assignment Rules

Thursday, October 26, 2017 | 0

Oregon’s Workers’ Compensation Division has adopted rules to govern when the director will appoint two or three medical arbiters to panels to resolve disputes when a carrier seeks to close a claim.

Rules that go into effect Jan. 1 will allow the director to consider where an injured worker lives, the specialties of the providers needed to conduct exams, and general expediency when deciding how many arbiters to appoint to a panel.

The rules say the director will “generally appoint three medical arbiters,” but might appoint only two in cases where the worker lives in a remote area of the state; if there are not enough specialists available to evaluate a worker’s condition; or if a smaller panel is needed because of a short time frame to complete the reconsideration process.

The new rules implement House Bill 2335, which Gov. Kate Brown signed into law in May. Prior to enactment of the bill, the division was required to appoint three medical arbiters to resolve disputes when a carrier issues a notice of claim closure.

Carriers issue a notice of claim closure when medical records indicate a patient is medically stationary, that a work injury is no longer the major cause of disability, or the injured worker does not attend medical appointments.

Arbiters perform exams and send written reports to the division when a party challenges a notice of claim closure.