Or. Admin. R. 438-011-0055 - Third Party Election Letter
(1) If a self-insured employer or insurer
(hereafter "paying agency") intends to require the claimant or other
beneficiaries or the legal representative of a deceased worker (hereafter "the
claimant") to exercise the right of election provided in ORS
656.578 to recover damages from
a noncomplying employer or third person (hereafter "third party"), the paying
agency shall serve a written demand by registered or certified mail or by
personal service upon the claimant or, if represented, the claimant's
attorney.
(2) The paying agency
shall include with its "third party election" letter described in section (1)
of this rule, in a separate enclosure, information explaining the "third party
election/assignment" process. The Board shall prescribe by bulletin the
specific form and format for the enclosure. If the claimant does not read or
comprehend English, or is otherwise unable to understand written language, the
paying agency shall provide this information in a language or other manner that
ensures that the claimant understands the meaning of the letter.
(3) The "third party election" letter, as
described in section (1) of this rule shall:
(a) Contain the information prescribed by ORS
656.583; and
(b) Include a statement that the claimant has
also been provided the informational enclosure prescribed by bulletin pursuant
to section (2) of this rule.
Notes
Stat. Auth.: ORS 656.726(5)
Stats. Implemented: ORS 656.576; 656.578, 656.583, 656.591, 656.593
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