Reconsideration
COVID-19 Questions and Answers
If you disagree with your claim closure, you have the right to appeal by asking the Workers’ Compensation Division for a reconsideration. You must make a request for reconsideration within 60 days of the mailing date of the Notice of Closure.
You can request reconsideration by submitting Request for Reconsideration to the division. The completed form can be submitted by mail or fax (503-947-7794), or it can be delivered to the division office in Salem.
If you need help completing the form, you may call the division or come to the Salem office and an appellate reviewer will help you. A list of terms and definitions is also available to help you complete the form.
Issues the worker can dispute include, but are not limited to:
- When the worker's condition was medically stationary
- Whether the claim was closed incorrectly or before it should have been
- How long temporary disability benefits were authorized
- Whether permanent disability was awarded and, if it was, the amount of that award
An insurer or self-insured employer may request reconsideration of the closure within seven days of the Notice of Closure, but can disagree only with the impairment findings used as the basis for a permanent disability award.
Because reconsideration is the last chance to add new information to the official claim closure record, both parties in the dispute must provide all their documents during the reconsideration process.
The injured worker may also submit written statements:
- Explaining their condition at the time the claim was closed
- Giving the reasons for their disagreement with the claim closure
- From other people who support their position
The Workers’ Compensation Division has 18 working days from receipt of the request for reconsideration to either issue an Order on Reconsideration or notify the parties the order will be delayed for an additional 60 calendar days. The delay occurs when more time is needed to gather information or schedule a medical arbiter examination.
After the medical arbiter examines you and sends the report to the division, the appellate reviewer will review all information, including anything received from you or your insurer and will issue an Order on Reconsideration.
Reconsideration is an informal review process, not a hearing. This is your last chance to provide information about your claim closure. You may:
- Submit a written statement to tell your story, explain your condition, and say why you disagree with the claim closure
- Provide statements from others to support your position
- Talk to the assigned appellate reviewer for help filing a statement
Yes. Reconsideration is a review of those issues raised about a claim closure, so benefits may increase, decrease, or stay the same.
The worker or the insurer can request a hearing with the Hearings Division of the Workers' Compensation Board within 30 days of the date the division issues the Order on Reconsideration.