BOARD REVIEW OF DIRECTOR'S ORDER FINDING NO BONA FIDE MEDICAL SERVICES DISPUTE
Request for Board Review
(1) A request for Board review of a Director's order finding no bona fide medical services dispute shall be filed in accordance with OAR 438-005-0046(1).
(2) Copies of a request for Board review of the Director's order should be simultaneously mailed to the Director, all parties to the Director's order, and to their attorneys, if represented by an attorney. The request should recite the name of the claimant, the identity of the party requesting review and contain a brief statement of the reason review is requested. However, the failure to comply with this section shall not be cause for dismissal of the request for review.
Stat. Auth.: ORS
Stats. Implemented: ORS 656.327(1)(b) & 656.726(5)
Hist.: WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90; WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90; WCB 1-2013, f. 2-11-13, cert. ef. 4-1-13
Acknowledgment of Request for Review; Record
(1) The Board shall notify the parties and the Director of its receipt of the request for review. This acknowledgment shall also notify the parties of the implementation of a briefing schedule which will become effective upon the Director's mailing of the record.
(2) Not later than 30 days after mailing of the Board's acknowledgment, the Director shall file with the Board a certified copy of the entire record, including an index of all items contained in the record. The Director shall simultaneously mail to the parties, or where a party is represented by an attorney, the party's attorney, a certified copy of the record.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 656.327(1)(b) & ORS 656.726(4)
Hist.: WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90; WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90; WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95
Scope of Review
(1) Review by the Board shall be for substantial evidence in the record in accordance with ORS 656.327(1)(b). The Board shall set aside or remand the order only if it finds that the order is not supported by substantial evidence in the record.
(2) The Board will not ordinarily entertain oral argument. All issues and arguments should be reduced to writing and filed pursuant to OAR 438-016-0020. The case will be reviewed in the ordinary course of business without prior notice to the Director or the parties of the date or time of review.
Briefs and Other Documents
(1) Filing of briefs is not jurisdictional; however the Board views briefs as a significant aid to the review process. Briefs submitted for consideration by the Board shall comply with this section.
(2) Briefs shall be filed in accordance with OAR 438-011-0020(2), except that the briefing schedule shall begin upon the date of mailing of the Director's certified copy of the record to the Board.
(3) Requests for extensions of time for filing of briefs will be processed in accordance with OAR 438-011-0020(3).
Stat. Auth.: ORS 656.726(4)
Stats. Implemented: ORS 656.327(1)(b), ORS 656.726(4), ORS 656.327(1)(b) & ORS 656.726(4)
Hist.: WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90; WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90
Board Decision; Reconsideration; No Further Review
(1) The Board's decision shall be mailed to the Director, all parties, and their attorneys.
(2) Upon its own motion or the request of any interested party, within 30 days after a final decision of the Board, the Board may withdraw its decision for reconsideration. On reconsideration, the Board may affirm its previous decision, issue a new order or make such other disposition of the case as it deems justified pursuant to ORS 656.327(1)(b).
(3) An order on reconsideration shall contain the following notice:
"NOTICE TO ALL PARTIES: This order is final and is not subject to further reconsideration or review by any other court or administrative agency."
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
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