How are benefits paid in an open Own Motion claim?
The carrier is required to make the first payment of temporary disability compensation within 14 days from the date the carrier voluntarily reopens the claim or the date of an Own Motion order of the Board reopening the claim. OAR 438-012-0035(4). “Prospective” temporary disability (benefits accruing from the date of a Board order) shall begin no later than 14 days from the date of the Board order. Peter Voorhies, 55 Van Natta 2613 (2003). “Retroactive” temporary disability (benefits accruing prior to the date of the Board’s order) shall be paid no later than 14 days from the date the Board order becomes final, that is, within 44 days from the date of issuance of the Board’s order. Peter Voorhies, 55 Van Natta 2613 (2003).
