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FREQUENTLY ASKED "OWN MOTION" QUESTIONS

Table of Contents
  1. CLAIMANT QUESTIONS:
My claim is in Own Motion status ? What is it?

How do I reopen my claim?

What types of claims are in Own Motion?

What is the criteria necessary for reopening a "worsened" Own Motion condition claim?

How does a claimant meet the criteria necessary for reopening a "worsened" Own Motion condition claim?

Inability to work factor

Required medical treatment factor

Work force factor

What is the criteria necessary for reopening a "post-aggravation rights" new or omitted medical condition claim?

How does a claimant meet the criteria necessary for reopening a "post-aggravation rights" new/omitted medical condition claim?

What is the criteria necessary for reopening a pre-1966 injury claim?

How may a claimant respond when a carrier recommends against reopening of a "worsened" condition claim that has been "determined to be compensable?

What benefits are available on open Own Motion claims?

How are benefits paid in an open Own Motion claim?

What is a carrier's Own Motion Notice of Closure?

What can a claimant do if he/she disagrees with an Own Motion Notice of Closure?

What issues may be disputed regarding the Own Motion Notice of Closure?

       Medically stationary.

       Entitlement to temporary disability benefits.

       Entitlement to permanent disability benefits.

What happens after a claimant requests Board review of an Own Motion Notice of Closure?

What can a claimant do if he/she disagrees with an Own Motion Order or Voluntary Reopening?

Board may not provide advice; contact Workers' Compensation Ombudsman.

  1. CLAIM ADJUSTER QUESTIONS

    When does a carrier have notice of an Own Motion claim?

           Worsened Condition.  ORS 656.278(1)(a)

           "Post-Aggravation Rights" New/Omitted Medical Condition.  ORS 656.278(1)(b)

    Can a carrier voluntarily reopen a claim without Board involvement?

    How does a carrier know if an Own Motion claim qualifies for reopening?

           Worsened Condition Claims

           "Post-Aggravation Rights" New/Omitted Medical Condition Claims

    Will a carrier receive reimbursement for temporary/permanent disability benefits paid if it voluntarily reopens claimant's Own Motion claim using Form 440-3501 or does it require a Board's Own Motion order?

    What does a carrier do if it does not want to voluntarily reopen the claim or there are disputes regarding claim reopening?

    Is claim reopening (either by Board order or voluntarily by the carrier) necessary if claimant is only seeking medical benefits?

    Does a carrier need to submit an Own Motion recommendation form if the claimant would not qualify for temporary disability benefits?

    How does a carrier close an Own Motion claim that has been reopened under ORS 656.278?

  2. TIPS IN COMPLETING AN OWN MOTION RECOMMENDATION FORM

    Carrier's Own Motion Recommendation (Form 440-2806)

           Section A

           Section B

           Section C

           Section D

           Section E

  3. TOOLS TO USE WHEN PROCESSING AN OWN MOTION CLAIM

    Own Motion Processing Checklist

    Own Motion Flow Chart