By Karen S. Varney, Attorney at Law
OAR 436-060-0095(3)(e)(I) has been revised to require different bolded language in IME notice letters. As of October 1, 2024, the bolded language in IME notice letters must state in bold:
“You must attend this examination. If there is any reason you cannot attend,
you must tell us as soon as possible before the date of the examination.
If you disagree with the location of this appointment, you must contact the
Workers’ Compensation Division at 800-452-0288 or 503-947-7585 within six
business days of the mailing date of this notice.
Your workers’ compensation benefits may be suspended under Oregon laws
and rules* if you:
– Do not attend the examination,
– Do not have a good reason for not attending the examination, or
– Do not cooperate with the examination.
You may be charged a $100 penalty if you do not attend the examination
without good reason or if you do not notify the insurer before the
examination. The penalty is taken out of future benefits.
If you have any questions you may call:
– [Insurer] at [Insurer phone number]
– Workers’ Compensation Division at 800-452-0288 (toll-free) or 503-947-7585
– Ombuds Office for Oregon Workers at 800-927-1271 (toll-free)
*Oregon Revised Statute 656.325 and Oregon Administrative Rules, Chapter 436, division 60.”
If you have not yet done so, we recommend updating your IME notice forms to include the current bolded language. All other requirements have stayed the same.
Please reach out with any questions to karenv@rwlaw.com.