Summer 2009 SBH Work Comp Quarterly
Oregon Workers' Compensation
PDF FormatOregon Workers’ Compensation: Practical Tips for Processing Own Motion Claims
First, be certain there is an Own Motion claim to be processed. A denial for medical services, current condition and/or “post-aggravation rights” new/omitted medical condition claim that has not been set aside by a litigation order does not trigger processing for an Own Motion claim. ORS 656.278.
Your responsibility to process an Own Motion claim starts when a “worsened condition” or “post-aggravation rights” new/omitted medical condition has been found compensable. Once a compensability determination has been made, your responsibility starts. You have 30 days to process the Own Motion claim by either voluntarily reopening the claim or submitting a “Carrier’s Own Motion Recommendation” for or against reopening. See OAR 438-012-0030(1).
When voluntarily reopening claims, submit Form 3501(instructions are found in Bulletin 195) to the Workers’ Compensation Division (WCD). The form should not be filed with the Board.
When submitting the “Carrier’s Own Motion Recommendation,” the submission should include: (1) a “cover letter” summarizing the position regarding claim reopening and (2) the information specified in OAR 438-012-0030, including claim processing documents, chart notes, medical reports and any other written documentation regarding the current claim. Those materials should also be arranged in chronological order, be numbered as exhibits, and submitted with an exhibit list.
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