MINUTES MONTANA HOUSE OF REPRESENTATIVES 53rd … · HOUSE SELECT WORKERS COMPENSATION COMMITTEE...
Transcript of MINUTES MONTANA HOUSE OF REPRESENTATIVES 53rd … · HOUSE SELECT WORKERS COMPENSATION COMMITTEE...
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MINUTES
MONTANA HOUSE OF REPRESENTATIVES 53rd LEGISLATURE - REGULAR SESSION
SELECT COMMITTEE ON WORKERS' COMPENSATION
Call to Order: By CHAIRMAN CHASE HIBBARD, on January 25, 1993, at 3:00 P.M.
ROLL CALL
Members Present: Rep. Chase Hibbard, Chairman (R) Rep. Jerry Driscoll, Vice Chairman (D) Rep. steve Benedict (R) Rep. Ernest Bergsagel (R) Rep. vicki Cocchiarella (D) Rep. David Ewer (D)
Members Excused: None
Members Absent: None
Staff Present: Paul Verdon, Legislative Council Evy Hendrickson, Committee secretary
Please Note: These are summary minutes. Testimony and discussion are paraphrased and condensed.
committee Business Summary: Hearing: None
Executive Action: None
CHAIRMAN HIBBARD introduced Chuck Hunter, Department of Labor and Industry, to discuss their safety program.
opening statement
Chuck Hunter, representing the Department of Labor and Industry, distributed copies of the organizational chart entitled Safety Bureau, Research, Safety and Training Division. EXHIBIT 1
The safety bureau does safety inspections, enforces standards and has the ability to impose standards on public sector employers. If there are safety violations and unsafe working conditions, the bureau has the ability to require conformity with the standards.
The safety bureau also provides consultations for private sector employers. The bureau has no legal jurisdiction to enforce standards in the private sector but many private sector employers request the bureau to come in and do safety consultation and inspections. A written report is given detailing the findings
930125SW.HM1
HOUSE SELECT WORKERS COMPENSATION COMMITTEE January 25, 1993
Page 2 of 3
and providing recommendations.
The department is placing particular emphasis on safety consultations and inspections. Safety is one of the areas where an employer can get a handle on his workers' compensation costs by preventing accidents in the work place. The key to the safety program is for both the employer and the workers to take safety seriously.
Mr. Hunter reviewed SENATOR HARP'S bill which was introduced at the request of the Governor. The bureau is very supportive of the concept of the bill.
REP. HIBBARD asked Mr. Hunter to explain the different functions of safety as viewed by the State Fund and the bureau.
Mr. Hunter said that both the State Fund and the Department of Labor have a large interest in preventing accidents in the work place. They contemplate working with schools and various groups to establish an awareness of the need for safety in the work place.
REP. COCCHIARELLA asked Mr. Hunter if the FTE requested were on the chart at the present time or if they would be added. Mr. Hunter replied they would be added if they were included when the budget was finalized. '
REP. COCCHIARELLA asked if the FTE were in the safety bill or not. Mr. Hunter said the four FTE were not in the safety bill -they were in the Governor's budget.
In response to a question from Rep. Driscoll, John Maloney, Safety Bureau Chief, responded that the mine safety inspectors, in addition to inspecting the coal mines as required four times a year, also do safety training, first aid and CPR.
REP. BERGSAGEL asked if the request in SENATOR HARP'S bill and the request from the agency would result in five FTE. Mr. Maloney said it would result in five.
Mr. Maloney said the coal mining inspector doesn't work exclusively on coal mines but it is the majority of the work.
REP. BERGSAGEL asked if there was any coordination between OSHA and the department. Mr. Maloney replied that each coal mine is inspected four times per year by the department and each is inspected twice per year by the federal mine inspectors (OSHA). In Montana OSHA inspects only private sector entities and the safety bureau inspects only public sector entities.
REP. EWER asked if the Department of Labor keeps statistics on injuries. Mr. Maloney replied affirmatively.
REP. HIBBARD asked how many of the 19 FTE were in the area of
930125SW.HM1
HOUSE SELECT WORKERS COMPENSATION COMMITTEE January 25, 1~93
Page 3 of 3
safety consultation and how many in the area of safety inspection. Mr. Hunter said it's a mixture and most of the people are capable of doing both.
Mr. Maloney said under the current operation, consultation comes only upon request of the private sector. The department is funded by grants from OSHA; 10% of the budget can be spent in the on-site consultation program, so it does not consume a great deal of the department's time.
REP. EWER said the committee was very interested in knowing what type of injuries occur and asked for a breakdown on what type of claims predominate and what steps should be taken to reduce them. Mr. Maloney said the latest statistics on injuries by industry and types of injuries had been prepared by the Research Bureau at the Department of Labor and was available. Mr. Maloney said it contained all injuries but didn't break them down according to plan by injuries, lost-time injuries or how many days were missed as a result of the injury. In conclusion, Mr. Hunter said the statistics show how much is unknown about accidents. He also said the areas where the department would like spend significant time would be the high hazard industries.
ADJOURNMENT
Adjournment: 4:20 p.m.
; I -··f ..... ) .~ d><-7 ::Jc REP. CHASE HIBBARD, Chairman
~
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930125SW.HM1
lIOUSE OF REPRESENTATIVES
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BACKGROUND OF THE "OREGON l\1IRACLE"
Prepared for
uJ-Har' DA.rE.._-.L-=~C)-~
HOUSE JOINT SELECT COMMITTEE ON WORKERS' COMPENSATION By Paul Verdon, Staff Researcher
January 22, 1993
The modifications in the Oregon workers' compensation system that occurred in 1988-90 resulted in a turnaround of its financial situation so dramatic that it is commonly referred to as the "Oregon Miracle".
ATTACHED IS A.COPY 1990 OREGON WORKERS' COMPENSATION REFORM LAW COMPARISON WHICH OUTLINES THE CHANGES THAT CONTRIBUTED TO THE TURNAROUND
MONTANANS FIND MAJOR CHANGES IN OREGON'S COMPENSATION LAW
After visiting Oregon last year, a group of Montana State Fund executives found that a number of major changes in Oregon's workers' compensation law in 1990 stimulated the dramatic turnaround. These included: 1
1. Development of Managed Care Organizations (MCO) which resulted in cost-effective, high-quality care for the claimant. savings were estimated at approximately $12 million in the first year.
2. Major reforms in the laws and administrative rules: the definition of a job-related injury was changed and the claimant must have objective medical evidence that he did suffer an injury. Aggravation of a pre-existing condition is limited to the extent of the aggravation only, and to be compensable the claimant's disability has to be caused more than 50% by the aggravation.
3. Development of an early return to work program and the establishment of a fraud control and investigative unit.
4. Severe restriction on the role of chiropractic, now limited to a maximum of 12 treatments or 30 days, thereafter only at the prescription of a treating medical doctor. A chiropractor cannot declare or keep a person disabled more than 30 days.
Because SAIF is willing to defend against frivolous claims or overcharges with all its resources, those kinds of claims have dropped significantly.
The SAIF Claims Division's objective is to:
1. Accept compensable claims promptly and target 14 days.
EXH1B!1 __ i _~_.~ ~l.~TE.. \-d.-S-'1:7
BACKGROUND OF THE "OREGON MIRACLE"
2. Return claimants to work as soon as possible either through an early return to work program or speedy resolution of the claim.
3. For acceptance of a claim, the burden of proof is on the claimant.
SAIF sees its first responsibility as to its customers, the policyholders, and involves the policyholder in claims handling from the beginning.
SAIF employs 1,150 people and handles about 39,000 new incident reports per year. The staff of the Montana state Fund handles about 21,000 new claims per year and would have to be more than doubled to approximate Oregon's staffing pattern.
SAIF'S ANTI-FRAUD CAMPAIGN
By 1988, phony claims, bogus medical bills and other problems in Oregon's workers' compensation system had burdened Oregon with the eighth highest rates in the nation. SAIF corporation, the state's largest workers' compensation insurance carrier, was suffering losses of $1 million a week. But SAIF turned itself ar6und in two years and in 1990 made nearly $46.5 million, lowered rates by 10%, and paid a $20 million dividend., A crackdown on fraud played a large part in the improvement.
2
When a former deputy state attorney general was appointed head of SAIF in 1988 he recognized the damage fraud was causing and made fighting fraud a high priority. A Fraud/Investigations Division was created, and investigators, many of them former police officers with training in investigations, were hired and a "fraud hotline" was established. A chief architect of the anti-fraud program was an attorney who had spent 22 years as a trial lawyer defending doctors in medical malpractice cases. A staff of more than 50 people used a full range of investigative tactics including photographic surveillance and undercover agents to ferret out and prosecute cheaters.
In its first 20 months, the hotline generated more than 2,300 investigations. !h the first two years, the investigators obtained more than $1 million in judgments against or settlements with 22 medical providers and actions were pending against 24 more. In some cases medical care providers were sentenced to jail, lost their licenses to practice or were barred forever from treating injured workers employed by SAIF policyholders. SAIF also successfully prosecuted nearly 40 persons for theft, perjury, and other criminal charges and filed charges against dozens more.
The war on fraud has been cost effective, receiving more in judgments, awards, settlements, and restitutions amounts than it
EXH!8n __ , _____ "
D}~TE \ - ~-S ~c,)
BACKGROUND OF THE "OREGON MIRACLE" 3
was paying out in operating cost, but officials say its real value has been in the deterrent effect on others. Total claims filed with SAIF dropped 24% by the end of 1990, and the fraud program was thought to be a significant factor in the drop. The anti-fraud program gave SAIF a reputation for wanting to preserve the integrity of the insurance program and this gave it a competitive edge that contributed to $27 million in new business in 1990 and a customer retention rate of 97%.2
ASSIGNED RISK POOL
In 1980, an Assigned Risk Pool was established to make workers' compensation insurance available to employers unable to obtain coverage in the voluntary market. Beginning in October 1989, SAIF Corporation began the nonrenewal of policies held by approximately 10,000 employers, but the majority of the nonrenewals were not effective until 1990, when many of those employers fell into the Assigned Risk Pool. By the end of 1990, the number of policyholders in the Pool had jumped to 14,882, more than four times as many as a year earlier. Net premiums written in the pool totaled $71.9 million, up 150% from 1989, while the average premium per risk dropped from $7,874 in 1989 to $4,834 in 1990. The premiums of all employers in the Pool are subject to the ARP expense loading factor. In the first half of 1990, that factor was 1.719 and increased to 1.738 on ,July 1, 1990. The average factor in the voluntary market for 1~90 was 1.260.
Under the Assigned Risk Plan, SAIF, Liberty Northwest, and Employers Insurance of Wausau act as service providers. ARP net operating losses are apportioned to all insurers, based on their share of ~orkers' compensation premiums written in Oregon's voluntary market. The burden of risk pools upon the voluntary market in the 33 jurisdictions with similar pools was over 16% of voluntary written premiums in 1990. In Oregon, the burden was 7.2%, up from 3.8% in 1989. Oregon's assigned risk premiums were 9.8% of total workers' compensation premiums written by SAIF and private insurers, compared to the 24.1% pool market share for the 33 jurisdictions overall. 3
1. INTEROFFICE MEMORANDUM, Montana State Compensation Mutual Insurance Fund, April 7, 1992
2. SAIF Corporation's Anti-fraud Campaign, memo prepared by SAIF
3. Oregon Worker' Compensation Premiums, CY 1990, Research and Analysis Section, Oregon Department of Insurance and Finance
19
90
OR
EG
ON
WO
RK
ER
S' C
OM
PE
NS
AT
ION
RE
FO
RM
L
AW
CO
MP
AR
ISO
N
On
May
7,
1990
, th
e O
rego
n Le
gisl
atur
e m
et in
spe
cial
ses
sion
and
pas
sed
a w
orke
rs'
com
pens
atio
n re
form
bill
, S
enat
e B
ill 1
197.
T
he p
acka
ge o
f re
form
s em
bodi
ed in
the
bi
ll ha
d be
en n
egot
iate
d by
an
advi
sory
com
mitt
ee c
ompo
sed
of la
bor
and
man
agem
ent
repr
esen
tativ
es.
Mo
st p
rovi
sion
s of
the
bill
too
k ef
fect
on
July
1,
1990
.
The
fol
low
ing
do
cum
en
t is
a s
um
ma
ry o
f th
e m
ajor
pro
visi
ons
of t
he b
ill.
It al
so
incl
udes
som
e el
emen
ts o
f the
neg
otia
ted'
pac
kage
whi
ch w
ere
not s
tatu
tory
in n
atur
e,
bu
t wer
e ag
reed
to
and
impl
emen
ted
as p
art
of t
he r
efor
ms.
NE
W L
AW
O
LD L
AW
r_~HtBn
DA
rE.-
.\ -~7 ~
cl ?
1.
DE
FIN
ITIO
N O
F A
CO
MP
EN
SA
BL
E C
LA
IM
A.
INJU
RIE
S
1.
DE
FIN
ITIO
N O
F A
CO
MP
EN
SA
BLE
CLA
IM
A.
INJU
RIE
S
The
exi
sten
ce o
f an
inj
ury
mu
st b
e es
tabl
ishe
d by
med
ical
e
vid
en
ce s
uppo
rted
by
obje
ctiv
e fin
ding
s.
* *
* *
No
chan
ge.
* *
* *
Con
ditio
ns p
re-e
xist
ing
an i
njur
y or
dev
elop
ing
subs
eque
ntly
are
co
mp
en
sab
le o
nly
if th
e co
mp
en
sab
le in
jury
is t
he
maj
or
cont
ribu
ting
(prim
ary)
cau
se.
* *
* *
A c
laim
ant's
tes
timon
y (f
or e
xam
ple,
tha
t he
fel
t pa
in),
with
ou
t an
y ob
ject
ive
evid
ence
, w
as e
noug
h to
est
ablis
h th
e in
jury
.
* *
* *
Inju
ries
are
com
pe
nsa
ble
whe
n th
e w
ork
activ
ity is
a m
ater
ial c
ause
o
f th
e in
jury
.
" *
" *
Pre
-exi
stin
g an
d su
bseq
uent
ly d
evel
opin
g co
nditi
ons
we
re
com
pe
nsa
ble
wh
en
eve
r th
e in
jury
was
sim
ply
a m
ater
ial
(eno
ugh
to
mak
e a
diff
eren
ce)
caus
e of
any
wor
seni
ng o
r w
as a
mat
eria
l ca
use
of a
n in
crea
se in
sym
ptom
s or
pro
long
atio
n of
con
ditio
n.
* *
• *
Pag
e 1
NE
W L
AW
O
LD L
AW
t:
xH!n
n. _
\ __ .
Any
inj
ury,
the
ma
jor
cau
se o
f w
hic
h w
as
alco
hol o
r dr
ug u
se,
is
Su
ch i
njur
ies
we
re c
ompe
nsab
le ..
: 1
.!l,TE
\ -~s_cy~
-~---~ ....
-..
not
com
pe
nsa
ble
(un
less
the
em
plo
yer
pe
rmitt
ed
, e
nco
ura
ge
d,
or
has
act
ua
l kn
ow
led
ge
of
the
alco
hol
or d
rug
use)
.
* ..
* ..
Inju
rie
s re
sulti
ng f
rom
re
cre
atio
na
l o
r so
cial
act
iviti
es a
re n
ot
com
pe
nsa
ble
wh
en
th
e a
ctiv
ity is
pri
ma
rily
fo
r th
e w
ork
er'
s b
en
efit
.
B.
DIS
EA
SE
S
A d
ise
ase
is c
om
pe
nsa
ble
on
ly if
the
wo
rk is
th
e m
ajo
r co
ntr
ibu
ting
(pr
imar
y) c
au
se o
f th
e d
ise
ase
.
* *
* *
Occ
up
atio
na
l dis
ea
ses
mu
st b
e e
sta
blis
he
d b
y m
ed
ica
l evi
de
nce
w
ith o
bje
ctiv
e f
indi
ngs.
C.
AG
GR
AV
AT
ION
S
An
y a
gg
rava
tion
s (w
ors
en
ed
co
nd
itio
ns)
rel
?tin
g to
the
ori
gina
l in
jury
or
dis
ea
se a
re c
om
pe
nsa
ble
on
ly w
he
n e
sta
blis
he
d b
y m
ed
ica
l e
vid
en
ce w
ith o
bje
ctiv
e f
ind
ing
s.
* *
* *
An
ag
gra
vatio
n w
ho
se m
ajo
r co
ntr
ibu
ting
ca
use
is a
n o
ff-w
ork
in
jury
is n
ot c
om
pe
nsa
ble
..
D.
CLA
IMS
An
insu
rer
or
self-
insu
red
em
plo
yer
is g
ive
n 9
0 da
ys in
wh
ich
to
acc
ep
t or
de
ny
a cl
aim
.
.. *
* *
* *
* *
, C
om
pe
nsa
ble
unl
ess
the
activ
ity w
as s
olel
y fo
r ti
le w
ork
er'
s b
en
efit
.
B.
DIS
EA
SE
S
Sin
ce 1
98
7 a
me
nd
me
nts
to
the
occ
up
atio
na
l d
ise
ase
law
, ce
rtai
n o
ccu
pa
tion
al
dise
ases
wer
e co
mp
en
sab
le e
ven
if
the
wor
l< h
ad o
nly
a
mat
eria
l im
pa
ct.
* *
* *
Cla
ima
nt's
te
stim
on
y w
as s
uffic
ient
to p
rove
a d
ise
ase
.
C.
AG
GR
AV
AT
ION
S
Cla
ima
nt's
te
stim
on
y of
ten
was
suf
ficie
nt.
* *
* *
Eve
n if
a c
laim
an
t w
orse
ned
a co
mp
en
sab
le c
on
diti
on
sol
ely
be
cau
se o
f an
inj
ury
occu
rrin
g of
f til
e jO
b, i
t w
as
com
pe
nsa
ble
.
, D
. C
LAIM
S
Acc
ep
tan
ce o
r de
nial
wa
s re
quire
d w
ithin
60
days
.
* If
*
If
Pa
ge
2
NE
W L
AW
A "
ba
ck-u
p"
deni
al (
the
deni
al o
f a
pre
vio
usl
y ac
cept
ed c
laim
) is
p
erm
itte
d w
ithin
tw
o ye
ars
of c
laim
acc
epta
nce,
with
any
suc
h de
nial
su
bje
ct to
cle
ar a
nd c
onvi
ncin
g ev
iden
ce b
y th
e e
mp
loye
r.
* *
* *
Cla
ims
or
be
ne
fits
of a
ny k
ind,
exc
ept
for
med
ical
ser
vice
s, a
re
sub
ject
to c
om
pro
mis
e a
nd r
elea
se.
2.
ME
DIC
AL
SE
RV
ICE
S
A w
ork
er'
s at
tend
ing
ph
ysic
ian
in m
ost
cas
es m
ust
be a
me
dic
al
do
cto
r o
r do
ctor
of
oste
opat
hy. *
* *
*
Ch
iro
pra
cto
rs m
ay t
reat
a w
ork
er
with
in t
he f
irst
30 d
ays
of
a cl
aim
or
first
tw
elve
vis
its,
wh
ich
eve
r oc
curs
firs
t; ho
wev
er,
chir
op
ract
ors
act
ing
as m
em
be
rs o
f a
Man
aged
Car
e O
rga
niz
atio
n a
re n
ot
sub
ject
to t
hese
lim
its.
* *
* *
Ma
na
ge
d c
are
org
an
iza
tion
s w
ill b
e pe
rmitt
ed,
subj
ect t
o t
he
fo
llow
ing
pro
visi
on
s:
Ma
na
ge
d C
are
org
an
iza
tion
s (M
CO
s) c
an b
e cr
ea
ted
by
he
alth
car
e p
rovi
de
rs (
incl
udin
g en
titie
s th
at p
rovi
de
su
pp
ort
se
rvic
es
to h
ea
lth c
are
prov
ider
s) a
nd m
ust
be
ce
rtifi
ed
by
the
Dir
ecto
r.
Insu
rers
ma
y co
ntr
act
with
M
CO
s to
pro
vid
e m
edic
al c
are
for
inju
red
wo
rke
rs.
Inju
red
wo
rke
rs w
ho
se m
edic
al t
reat
men
t is
pro
vid
ed
by
an M
CO
mu
st c
hoos
e fr
om a
mon
g th
e M
CO
's s
erv
ice
p
rovi
de
rs (
alth
ough
th
e w
orke
r m
ay
cont
inue
to
tre
at
with
a
no
the
r p
rovi
de
r w
ith w
ho
m t
hey
have
a h
isto
ry o
f tr
ea
tme
nt)
.
OL
D L
AW
Bac
k-up
den
ials
we
re p
erm
issi
ble
only
with
pro
of
of f
raud
, m
isre
pres
enta
tion,
or
illeg
al a
ctiv
ity.
* *
* *
Com
prom
ise
and
rele
ase
wa
s pr
ohib
ited
in t
he a
bse
nce
of
a b
on
a
fide
dis
pu
te o
ver
com
pens
abili
ty.
_.
2.
ME
DIC
AL
SE
RV
ICE
S
Any
lic
ense
d m
edic
al p
rovi
der,
inc
ludi
ng c
hiro
prac
tors
and
oth
ers,
qu
alifi
ed a
s at
tend
ing
phys
icia
ns. * *
* *
Chi
ropr
acto
rs w
ere
not
limite
d, e
xcep
t to
the
ext
ent
an
em
ploy
er
coul
d pr
ove
tha
t tr
ea
tme
nt
was
not
rea
sona
ble
and
nece
ssar
y.
* *
* *
Man
aged
car
e o
rga
niz
atio
ns
wer
e no
t av
aila
ble.
EX
HH
.n
lV~ rr
J:-)
.5. -
y~
Pag
e 3
NE
W L
AW
The
Me
O m
ust
incl
ude
all
cate
gorie
s of
med
ical
ser
vice
pr
ovid
ers,
and
mus
t pro
vide
pee
r re
view
, ut
iliza
tion
revi
ew,
and
ince
ntiv
es to
red
uce
serv
ice
.cos
ts w
ithou
t sa
crifi
cing
qua
lity
of s
ervi
ce.
* *
.. *
(
, ,
OLD
LA
W
* *
* *
Pal
liativ
e ca
re i
s n
ot p
ayab
le a
fter
a w
orke
r be
com
es m
edic
ally
P
allia
tive
care
was
unl
imite
d an
d co
mpe
nsab
le.
stat
iona
ry,
exce
pt t
o m
on
itor
pres
crip
tions
or
pros
thet
ic d
evic
es,
to e
nabl
e w
orke
r to
con
tinue
em
ploy
men
t (a
ppro
val
requ
ired)
, or
fo
r P
TO c
ase.
* *
* *
* *
• *
EX
HIH
P
Ui\
TE: ,
_ \
-d-
S -D
r"?
Med
ical
tre
atm
ent
disp
utes
are
res
olve
d by
an
appo
inte
d do
ctor
M
edic
al s
ervi
ces
disp
utes
wer
e su
bjec
t to
the
ful
l he
arin
g pr
oces
s.
to s
erve
as
a m
edic
al a
rbite
r.
Fee
disp
utes
are
be
reso
lved
su
mm
arily
in m
any
case
s by
the
Dire
ctor
.
* *
* *
* *
* *
On
ly th
e at
tend
ing
phys
icia
n m
ay a
utho
rize
time
loss
or
mak
e N
o su
ch l
imita
tion.
fin
ding
s re
gard
ing
PP
D.
3.
BE
NE
FIT
S
3.
BE
NE
FIT
S
Eac
h de
gree
of
disa
bilit
y fo
r sc
hedu
led
inju
ries
(arm
s, l
egs,
sig
ht,
Sch
edul
ed p
erm
anen
t pa
rtia
l di
sabi
lity
was
pay
able
at
$145
per
he
arin
g) is
pay
able
at
$305
. .'
degr
ee.
* *
* *
Tim
e lo
ss (
tem
pora
ry t
otal
dis
abili
ty c
ompe
nsat
ion)
is n
ot
paya
ble
for
a w
orke
r w
hile
in ja
il.
* *
.. *
Tim
e l
oss
term
inat
es w
hen
a w
orke
r is
med
ical
ly s
tatio
nary
and
th
e cl
aim
is c
lose
d, w
hen
he/s
he a
ctua
lly r
etur
ns t
o w
ork,
or
whe
n he
/she
is r
elea
sed
to r
etur
n to
his
reg
ular
wor
k.
* *
* *
* *
* *
Suc
h be
nefit
s w
ere
paya
ble.
.. ..
* *
No
prov
isio
n fo
r te
rmin
atin
g tim
e lo
ss u
pon
a w
orke
r's r
elea
se t
o re
turn
to
wor
k, u
ntil
he/s
he a
ctua
lly d
id r
etur
n.
* *
* *
Pag
e 4
NE
W L
AW
O
LD L
AW
Em
ploy
er o
r in
sure
r m
ay c
lose
a c
laim
with
out
subm
ittin
g it
to t
he
A c
laim
cou
ld b
e cl
osed
onl
y w
hen
the
wor
ker
actu
ally
ret
urne
d to
D
epar
tmen
t wh
en
a w
orke
r be
com
es m
edic
ally
sta
tiona
ry a
nd is
w
ork.
re
leas
ed t
o re
gula
r or
mod
ified
wor
k.
* *
* *
A w
ork
er
diss
atis
fied
with
the
am
ount
of
perm
anen
t di
sabi
lity
awar
ded
on c
losu
re m
ust
requ
est
reco
nsid
erat
ion
befo
re
proc
eedi
ng f
urth
er.
* *
* *
A c
laim
ant's
ext
ent
of d
isab
ility
is r
ated
as
of th
e da
te o
f re
cons
ider
atio
n, b
ased
on
med
ical
evi
denc
e at
the
tim
e of
re
cons
ider
atio
n.
* *
* *
The
rat
ing
of d
isab
ility
req
uire
s a
stric
t ap
plic
atio
n of
the
S
tand
ards
for
the
Eva
luat
ion
of P
erm
anen
t D
isab
ility
.
* *
* *
Litig
atio
n co
ncer
ning
dis
abili
ty is
lim
ited
to a
rgui
ng t
hat
the
Sta
ndar
ds w
ere
appl
ied
inco
rrec
tly.
* *
.... *
* *
* *
Rec
onsi
dera
tion
of a
n ex
tent
of
disa
bilit
y ra
ting
was
per
mis
sive
on
"ly a
nd r
arel
y us
ed.
* *
* *
Ext
ent o
f di
sabi
lity
was
rat
ed a
s of
the
tim
e of
hea
ring,
with
new
ev
iden
ce c
reat
ed m
onth
s or
yea
rs a
fter
clai
m c
losu
re.
* *
.. *
Use
of
the
Sta
ndar
ds w
as n
ot a
lway
s st
rictly
adh
ered
to.
* ..
* *
A w
orke
r w
as e
ntitl
ed t
o pr
ove
that
the
Sta
ndar
ds d
id n
ot
accu
rate
ly r
efle
ct h
is d
isab
ility
.
* *
.. *
Dis
pute
s ov
er e
xte
nt
of d
isab
ility
invo
lvin
g im
pair
men
t su
ffer
ed
Ref
eree
s w
ould
eva
luat
e an
d de
term
ine
the
imp
air
me
nt s
uffe
red
by
by a
wo
rke
r ar
e de
cide
d by
an
appo
inte
d do
ctor
or
med
ical
pan
el.
a w
orke
r.
* *
* *
* *
* *
EX
Hllj
lir
"If
'f"C
. _
'\e..
-L.
"I.
c
'-"
~ It ~
_J....-__
?:/
,_ ! ?
Pag
e 5
NE
W L
AW
Pay
men
ts p
endi
ng a
ppea
l, ex
cept
for
ong
oing
tim
e lo
ss a
nd
pe
rma
ne
nt
tota
l di
sabi
lity
paym
ents
, ar
e st
ayed
pen
ding
out
com
e of
the
app
eal.
* *
* *
4.
INJU
RE
D W
OR
KE
R R
EIN
ST
AT
EM
EN
T
The
def
initi
on o
f "a
vaila
ble"
now
mea
ns t
hat t
he w
orke
r m
ust
be
rein
stat
ed to
his
/her
form
er p
ositi
on "
even
if th
at p
ositi
on h
as
been
fill
ed b
y a
repl
acem
ent
whi
le t
he i
njur
ed w
orke
r w
as
abse
nt."
The
rep
lace
men
t w
orke
r m
ust b
e re
mov
ed u
pon
the
inju
red
wor
ker'S
ret
urn
to w
ork.
* *
* *
Rei
nsta
tem
ent
right
s te
rmin
ate
thre
e ye
ars
afte
r th
e in
jury
or
whe
neve
r an
y of
the
fol
low
ing
occu
r:
• •
Atte
ndin
g ph
ysic
ian
or m
edic
al p
anel
dec
lare
wo
rke
r ca
nnot
ret
urn
to f
orm
er p
ositi
on o
f em
ploy
men
t.
Wor
ker
is e
ligib
le a
nd p
artic
ipat
es in
voc
atio
nal
assi
stan
ce.
Wor
ker
acce
pts
suita
ble
empl
oym
ent
with
ano
ther
em
ploy
er a
fter
beco
min
g m
edic
ally
sta
tiona
ry.
Wor
ker
wai
ts m
ore
than
sev
en d
ays
to r
eque
st
rein
stat
emen
t af
ter
bein
g no
tifie
d by
the
ins
urer
or
empl
oyer
that
his
doc
tor
has
rele
ased
him
to
retu
rn t
o w
ork.
* *
* *
Em
ploy
ers
with
20
empl
oyee
s or
less
are
not
cov
ered
by
the
rein
stat
emen
t st
atut
e (b
ut e
mpl
oyer
s w
ith 6
or
mor
e em
ploy
ees
rem
ain
subj
ect
to t
he o
blig
atio
n to
pro
vide
sui
tabl
e al
tern
ativ
e w
ork)
.
OLD
LA
W
All
curr
ent
and
past
tim
e lo
ss a
nd o
ther
ben
efits
, ex
cept
med
ical
se
rvic
es,
wer
e pa
yabl
e de
spite
an
appe
al.
All
such
pay
men
ts w
ere
lost
and
cou
ld n
ot b
e re
cove
red
or o
ffset
aga
inst
futu
re b
enef
its
even
if t
he a
ppea
l was
suc
cess
ful.
* *
* *
4.: I
NJU
RE
D W
OR
KE
R R
EIN
ST
AT
EM
EN
T
!
"Ava
ilabl
e" m
eant
"va
cant
" pe
r KIlgRP~CltY_Qf NQ.d~B~nq.
Whe
n an
inj
ured
wor
ker's
pos
ition
was
fill
ed u
pon
his
retu
rn,
he/s
he w
ould
hav
e to
wai
t for
the
nex
t job
ope
ning
.
* *
* *
Rei
nsta
tem
ent
right
s w
ere
lost
onl
y in
the
fol
low
ing
circ
umst
ance
s:
Wor
ker
was
dis
char
ged
for
reas
ons
unre
late
d to
his
inj
urie
s.
Wor
ker
refu
sed
a su
itabl
e jo
b.
Wor
ker
clea
rly a
band
oned
fut
ure
empl
oym
ent.
Wor
ker
faile
d to
mak
e pr
oper
or
timel
y (5
day
s) d
eman
d.
* *
* *
Em
ploy
ers
with
six
or
mor
e em
ploy
ees
wer
e co
vere
d.
D(~ 1
:,!. 3,1
~
'-v 'r
":'
\ -
,., C
;.
e'"
')..,
_ ','
[ I
l.~
__
__
__
tt:=,.:-
[ J
Pag
e 6
L __
____
. __ _
NE
W L
AW
5.
OT
HE
R
Th
e f
und,
re
na
me
d t
he R
ee
mp
loym
en
t A
ssis
tan
ce R
eser
ve,
en
cou
rag
es
hiri
ng o
f p
refe
rre
d w
ork
ers
th
rou
gh
exe
mp
tion
fro
m
pre
miu
m a
nd
ass
ess
me
nts
for
thr
ee y
ears
fro
m t
he d
ate
of
hire
. In
sure
rs' c
laim
cos
ts f
or t
he
se w
ork
ers
are
re
imb
urs
ed
fro
m t
he
fund
. E
ligib
le w
ork
ers
are
iss
ue
d i
dent
ity c
ards
to
be
pre
sen
ted
to
em
plo
yers
at t
he
tim
e of
hire
. * *
* *
Att
orn
ey
fees
on
pe
na
ltie
s fo
r im
pro
pe
r cl
aim
pro
cess
ing
are
lim
ited
to o
ne
-ha
lf of
the
pe
na
lty.
* *
* *
He
ari
ng
s re
fere
es
are
subj
ect
to a
nnua
l, co
nfid
entia
l e
valu
atio
ns
by w
ork
ers
' co
mp
en
satio
n a
tto
rne
ys.
* *
* *
Eve
ry e
mp
loye
r w
ith m
ore
tha
n 10
em
ploy
ees,
and
sm
all
em
plo
yers
in h
aza
rdo
us
bu
sin
ess
es,
are
req
uire
d to
cre
ate
a sa
fety
co
mm
itte
e.
* ..
....
Off
ice
of
Om
bu
dsm
an
fo
r sm
all
bu
sin
ess
cre
ated
to
prov
ide
info
rma
tion
and
ass
ista
nce
to
smal
l bu
sine
ss.
* *
* *'
Cla
ims
Exa
min
ers
mu
st b
e c
ertif
ied.
* *
* *
OLD
LA
W
5.
OT
HE
R
Th
e w
ork
ers
Re
em
plo
yme
nt
Res
erve
enc
oura
ged
the
re-
hiri
ng o
f di
sabl
ed,
inju
red
wo
rke
rs (
"pre
ferr
ed w
orke
rs")
by
reim
bu
rsin
g
prem
ium
cos
ts f
or t
wo
year
s fro
m t
he d
ate
of h
ire.
, , *
.. *
*
A c
laim
an
t's a
tto
rne
y w
as e
ntitl
ed t
o a
sepa
rate
, so
me
time
s su
bsta
ntia
l a
tto
rne
y fe
e re
gard
less
of
the
amou
nt o
f pe
nalty
.
* *
.. *
Co
mm
en
ts c
on
cern
ing
Hea
ring
s re
fere
es w
ere
not
conf
iden
tial
and,
the
refo
re,
we
re r
arel
y cr
itica
l.
* *
* *
Cer
tain
la
rge
co
mp
an
ies
wer
e re
quir
ed t
o ha
ve s
afe
ty c
om
mitt
ee
s.
* ..
.. ..
No
such
pro
visi
on
.
* ..
* *
No
such
pro
visi
on
.
* *
* *
CMW~
ll
l -.
. _._
-_ ..
... -
.. -...
..
I ):
T'"
\
-'I
C
_0
,?-.
. ,
; jlt
J.!
. 1
/
Pag
e 7 •
•
NE
W L
AW
A s
tand
ing
Man
agem
ent-
Labo
r A
dvis
ory
Com
mitt
ee,
appo
inte
d by
the
Gov
erno
r, is
est
ablis
hed
to s
tudy
and
rep
ort
to t
he
Legi
slat
ure
on w
orke
rs' c
ompe
nsat
ion
issu
es.
* *
* *
The
sta
ff of
the
Ore
gon
Occ
upat
iona
l S
afet
y an
d H
ealth
Div
isio
n (O
R-O
SH
A)
was
inc
reas
ed b
y ov
er 4
0 pe
rcen
t. (N
egot
iate
d pr
ovis
ion,
not
spe
cifie
d in
SB
119
7.)
23
65
RA
lha
t
OLD
LA
W
The
Dire
ctor
was
per
mitt
ed to
app
oint
an
advi
sory
com
mitt
ee o
n W
orke
rs'
Com
pens
atio
n is
sues
, to
rep
ort
to t
he D
irect
or.
* *
* *
"
r~"(
l~ ~ ': I'
"{.~ t;
J
__ \.
.!,.
\ -
-;)_ 5
-C(s
Pag
e 8