Salem, OR – The Workers’ Compensation Division recently revised Oregon Administrative Rule (OAR) 436-060-0150(4) to clarify the requirements for timely payment of temporary disability. The following changes will be reflected in the division’s audit methodology effective Jan. 1, 2017.
The first payment of temporary disability must be made no later than the 14th day after the subject employer has notice or knowledge of the claim and of the worker’s disability, or as otherwise described in OAR 436-060-0150. The first payment must include all temporary disability benefits due as of the date of payment.
Subsequent temporary disability payments must be at least once every 14 days. Each payment must include all benefits for the 14-day period ending no more than seven days before the date of payment. For example, a payment made on the 21st of the month may include benefits for the period between the first and the 14th.
Insurers and self-insured employers are advised that the provision allowing for payment in arrears does not apply to the first payment of temporary disability. Any first payment of temporary disability that does not include all benefits due as of the date of payment will be counted against the insurer or self-insured employer’s performance at audit. Insurers and self-insured employers that fail to make accurate or timely payment of temporary disability may be subject to civil penalties under OAR 436-060-0200.
If you have questions about this notice, please contact Audit manager Barbara Belcher at 503-947-7687 or firstname.lastname@example.org
Source: OR DCBS