Can a carrier voluntarily reopen a claim without Board involvement?
In the absence of a dispute regarding an Own Motion claim, a carrier can avoid the time and expense of preparing an Own Motion recommendation and producing an evidentiary record for presentation to the Board by merely voluntarily reopening the claim. This voluntary reopening is accomplished by using a Form 440-3501 and following the instructions in WCD Bulletin No. 195 (Eff. 01/01/06). OAR 438-012-0030(4). A Form 440-3501 should be submitted to the Workers’ Compensation Division (WCD). The carrier must not send Forms 440-3501 to the Workers’ Compensation Board (WCB). Voluntary reopening must occur 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). OAR 438-012-0030(1)(a).
Related Questions
- Is claim reopening (either by Board order or voluntarily by the carrier) necessary if claimant is only seeking medical benefits?
- What does a carrier do if it does not want to voluntarily reopen the claim or there are disputes regarding claim reopening?
- Can a carrier voluntarily reopen a claim without Board involvement?
