Does a carrier need to submit an Own Motion recommendation form if the claimant would not qualify for temporary disability benefits?
Yes. If a carrier does not voluntarily reopen a claim, it must submit to the Board a written recommendation as to whether or not the claim should be reopened, in the form prescribed by the Board and accompanied by the required evidence supporting the recommendation. OAR 438-012-0030(1)(b) and (2)(b). The carrier must either voluntarily reopen the claim or submit a recommendation within 30 days after the claimed condition has been has been determined to be compensable as defined under OAR 438-012-0001(3) or (4). This requirement of an Own Motion recommendation applies even if the claimant would not qualify for temporary disability benefits; e.g., claimant does not qualify as a “worker” under ORS 656.005(30).
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