Lately, I have been receiving many questions about the deadlines for various Board actions. The time requirements are statutory and they are mandatory. For regular hearings, the timelines are contained in ORS 656.283 and ORS 656.289. Once a request for hearing is filed, the “board shall refer the request for hearing to an Administrative Law Judge… as expeditiously as possible.” ORS 656.283(3)(a). The hearing must be scheduled within 90 days after receipt of the request for hearing. Parties are to have at least 60 days’ notice for a hearing. Resets for postponed hearings must occur within 120 days of the date of the postponed hearing. “Expeditious” has the definition of an act performed with promptness and efficiency: speedy.1 Given orders must be issued within 30 days and the hearing date must be within 90, one would expect that “expeditiously” is something less than those requirements. Doing the math for hearings, if the hearing must be less than 90 days from the receipt of the hearing request and parties must have at least 60 days’ notice, that leaves less than 30 days for the Board to refer the matter for a hearing. It would be reasonable to conclude that “as expeditiously as possible” is a time period of something less than 30 days. For orders, an ALJ “shall promptly and not later than 30 days after hearing” determine the matter and issue an order. ORS 656.289(1). For expedited hearings, the matter shall be heard within 30 days of the request. ORS 656.291(3)(b). Again, “expedited,” like “expeditious,” less than 30 days. These cases involve matters of less than $1,000 in compensation or involve only penalties and attorney fees. The ALJ must issue an expedited order within 10 days of the close of the hearing. Id. Further rules are contained in OAR Chapter 438, Section 013. For Board orders, the statute is a little more complex, but nevertheless clear. Review of a case shall be scheduled within 90 days of receipt of the request for review. ORS 656.295(4). The Board must issue an order within 30 days of its review. ORS 656.295(6). There seems to be some question about the timeline for the Board to issue an order when it has granted reconsideration. My analysis is that when granting reconsideration, the Board has agreed to review the matter again. When abating an order, the Board will often set a briefing schedule, including its review thereafter. That requires an order within 30 days after further briefing. Without the application of a deadline, it allows insurers to delay forever a final decision by requesting reconsideration. As well, when a case is remanded from the Court of Appeals or Supreme Court, the court has reversed the Board’s JULENE QUINN is an appellate attorney who focuses on workers’ compensation. She contributes to OTLA Guardians at the Club level. Her firm is Quinn & Heus LLC, 4504 S. Corbett, Portland, OR 97239. She can be reached at [email protected] or 503-575-1253. Comp Corner Deadlines for Hearing and Board Orders by Julene Quinn, OTLA Guardian “When abating an order, the Board will often set a briefing schedule, including its review thereafter. That requires an order within 30 days after further briefing. Without the application of a deadline, it allows insurers to delay forever … by requesting reconsideration.” 54 Trial Lawyer | Winter 2025
RkJQdWJsaXNoZXIy Nzc3ODM=