EXHIBIT A

Definitions
          438-012-0001 (1) "Own Motion Claim" means a written request by or on behalf of a claimant for:
          (a) Temporary disability compensation where claimant’s aggravation rights have expired; [and/or]
          (b) Temporary disability compensation and/or permanent disability compensation or a claim for a new medical condition or an omitted medical condition where the claim was initiated after the claimant’s aggravation rights have expired; and/or
          [(b)] (c) Medical benefits for a compensable injury that occurred before January 1, 1966, unless the injury occurred from August 5, 1959 through December 31, 1965 and resulted in an award of permanent total disability.
          (2) "Own Motion Insurer," "Insurer" and "Paying Agent" mean a guaranty contract insurer or self-insured employer which is or may be responsible for payment of compensation under the provisions of ORS 656.278.

Communication with Board and Parties in Own Motion Cases
438-012-0016 A copy of any document in an own motion proceeding, including correspondence, directed to the Board or to a party in the claim shall be simultaneously mailed to all other parties involved in the claim or, if a party is currently represented by an attorney, to the party’s attorney.

Applicability of Rules
438-012-0018 These rules apply to claims in which a request for compensation under the Board’s own motion jurisdiction is in existence or arose on or after the effective date of these rules.

Insurer to Process Own Motion Claim: Notice and Contents of Claim
          438-012-0020 (1) All own motion claims shall first be directed to and processed by the insurer. An own motion claim shall be legibly date-stamped on the date it is received by the insurer.
          (2) An own motion claim shall contain sufficient information to identify the claimant and the claim.
          (3) An insurer is deemed to have notice of an own motion claim [for temporary disability compensation] when one of the following documents is submitted to the insurer by or on behalf of the claimant:
          (a) A written request for temporary disability compensation or a claim reopening[; or] regarding a compensable injury for which aggravation rights have expired;
          (b) A written request for temporary and/or permanent disability compensation or a claim regarding a new medical condition and/or omitted medical condition for which the claim was initiated after expiration of aggravation rights;
          [(b)] (c) Any document submitted to the insurer after the expiration of aggravation rights that reasonably notifies the insurer that the [claimant’s] compensable injury [requires surgery or hospitalization.] results in the claimant’s inability to work and requires hospitalization or inpatient or outpatient surgery, or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the claimant to return to work; or
          (d) Any document submitted to the insurer regarding a new medical condition and/or omitted medical condition for which the claim was initiated after expiration of aggravation rights that reasonably notifies the insurer that the worker clearly requested formal written acceptance of a new medical condition or an omitted medical condition from the insurer as required by SB 485, section 10(1) and (3).
          (4) Except as provided in section (5) of this rule, an insurer is deemed to have notice of an own motion claim for medical benefits and/or temporary disability compensation relating to a compensable injury that occurred before January 1, 1966, when one of the following documents is submitted to the insurer by or on behalf of the claimant:
          (a) A written request for medical benefits relating to the compensable injury;
          (b) Any document that reasonably notifies the insurer that the claimant is seeking medical benefits for the compensable injury;
          (c) A written request for temporary disability compensation or claim reopening; or
          (d) Any document that reasonably notifies the insurer that the [claimant’s] compensable injury results in the inability of the claimant to work and requires surgery or hospitalization[.] or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the claimant to return to work.
          (5) An own motion claim for medical benefits does not include a claim for medical benefits relating to a compensable injury that occurred from August 5, 1959 through December 31, 1965 and resulted in an award of permanent total disability. Such claims shall be processed as a claim for medical services under ORS 656.245.

Insurer Recommendation of Reopening or Denial of Claim; Voluntary Reopening
          438-012-0030 (1) For claims with a date of injury before January 1, 2002, [E]except as provided in section ([2]3) of this rule, the own motion insurer shall, within 90 days after receiving an own motion claim, either:
          (a) Voluntarily reopen the claim under ORS 656.278(5) to provide benefits allowable under ORS 656.278 or to grant additional medical or hospital care to the claimant; or
          (b) [s]Submit to the Board a written recommendation as to whether the claim should be reopened or denied, on a form prescribed by the Board, accompanied by the required evidence supporting the recommendation. The own motion insurer shall supply all information and evidence required by the form. Copies of the recommendation form and any supporting evidence shall be mailed to the claimant and the claimant’s attorney, if any.
          (2) For claims with a date of injury on or after January 1, 2002, except as provided in section (3) of this rule, the own motion insurer shall, within 60 days after receiving an own motion claim, either:
          (a) Voluntarily reopen the claim under ORS 656.278(5) to provide benefits allowable under ORS 656.278 or to grant additional medical or hospital care to the claimant; or
          (b) Submit to the Board a written recommendation as to whether the claim should be reopened or denied, on a form prescribed by the Board, accompanied by the required evidence supporting the recommendation. The own motion insurer shall supply all information and evidence required by the form. Copies of the recommendation form and any supporting evidence shall be mailed to the claimant and the claimant’s attorney, if any.
          (3) In extraordinary circumstances, the Board may grant the insurer an extension for submission of its recommendation. [Nothing in these rules shall prevent the insurer from voluntarily reopening any claim to provide benefits or grant additional medical or hospital care to the claimant; however, subsequent authorization of such benefits will not be granted by the Board unless the claim qualifies for own motion relief under ORS 656.278 and these rules.]
          (4) In all cases when the own motion insurer voluntarily reopens the claim under ORS 656.278(5), the insurer shall issue a 3501 Form to the claimant with copies to the claimant’s attorney, if any, and the Workers’ Compensation Division, Benefits and Policy Services Section. The form shall be as prescribed by the Director.

Notification of Pending Proceedings
438-012-0031 Parties to an own motion proceeding shall notify the Board of any pending proceeding involving a contested case under ORS 656.283 to 656.295, ORS 656.307 or ORS 656.308, an arbitration or mediation proceeding under ORS 656.307, or a Director’s medical review under ORS 656.245, 656.260 or 656.327. The parties shall also specify the issues raised in that proceeding.

Consent to Designation of Paying Agent
438-012-0032(1) Except as provided in section (2) of this rule, when the Benefits Section notifies the Board that it is prepared to issue an order designating a paying agent under ORS 656.307 and OAR 436-060-0180 if the Board consents to the order where one or more insurers involved in the proceeding is subject to ORS 656.278, the Board shall notify the Benefits Section within ten days whether it consents to the order.
(2) If the Board is unable to determine from the available evidence whether the claimant would be entitled to own motion relief if the own motion insurer was determined to be the responsible insurer, the Board may require the parties to state their positions in writing and submit any supporting evidence to the Board within ten days. The time for the Board’s response to the Benefits Section is suspended during this process.

Temporary Disability Compensation
          438-012-0035 (1) The [Board shall order the payment of] insurer may pay temporary disability compensation in accordance with the provisions of ORS 656.210, 656.212(2) and 656.262(4) from the [date] time the [claimant is actually hospitalized or undergoes outpatient surgery] attending physician authorizes temporary disability compensation for the hospitalization, surgery, or other curative treatment until the claimant’s condition becomes medically stationary in those cases where:
          (a) The own motion claim for temporary disability compensation is filed after the aggravation rights have expired;
          (b) There is a worsening of a compensable injury [requiring either inpatient or outpatient surgery or other treatment requiring hospitalization] that results in the inability of the worker to work and requires hospitalization or inpatient or outpatient surgery, or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the claimant to return to work; and
          (c) The claimant [was in the work force at the time of the worsening of the compensable injury] qualifies as a "worker" pursuant to ORS 656.005(30). "Worker" does not include a person who has withdrawn from the work force during the period for which such benefits are sought.
          (2) The insurer may pay temporary disability compensation in accordance with the provisions of ORS 656.210, 656.212(2) and 656.262(4) from the time the attending physician authorizes temporary disability compensation for the hospitalization, surgery, or other curative treatment until the claimant’s condition becomes medically stationary in those cases where:
          (a) The claimant submits and obtains acceptance of a claim for a compensable new medical condition or an omitted medical condition and the claim is initiated after the aggravation rights under ORS 656.273 have expired; and
          (b) The claimant qualifies as a "worker" pursuant to ORS 656.005(30). "Worker" does not include a person who has withdrawn from the work force during the period for which such benefits are sought.
          [(2)](3) The claimant is deemed to be in the work force if:
          (a) The claimant is engaged in regular employment;
          (b) The claimant, although not employed, is willing to work and is making reasonable efforts to obtain employment; or
          (c) The claimant is willing to work, but the claimant is not employed, and the claimant is not making reasonable efforts to obtain employment because such efforts would be futile as a result of the effects of the compensable injury.
          [(3)](4) The insurer shall make the first payment of temporary disability compensation within 14 days from:
          (a) the date of an order of the Board reopening the claim; or
          (b) the date the insurer voluntarily reopened the claim.
          [(4)](5) Temporary disability compensation shall be paid until one of the following events first occurs:
          (a) The claim is closed pursuant to OAR 438-012-0055;
          (b) A claim disposition agreement is submitted to the Board pursuant to ORS 656.236(1), unless the claim disposition agreement provides for the continued payment of temporary disability compensation; or
          (c) Termination of such benefits is authorized by the terms of ORS 656.268[(3)](4)(a) through [(c)](d).
          [(5)](6) If the own motion insurer believes that temporary disability compensation should be suspended for any reason, the insurer may make a written request for such suspension. Copies of the request shall be mailed to the claimant and the claimant’s attorney, if any, by certified or registered mail. Unless an extension is granted by the Board, claimant or claimant’s attorney shall have 14 days to respond to the Board in writing to the request. Unless an extension is granted by the Board, the insurer shall have 14 days to reply in writing to claimant’s response. The insurer shall not suspend compensation under this section without prior written authorization by the Board.

Permanent Disability Compensation
438-012-0036 (1) Where the claimant has submitted and obtained acceptance of a claim for a compensable new medical condition or an omitted medical condition and the claim was initiated after the aggravation rights under ORS 656.273 have expired, the insurer may provide any permanent disability benefits to which the claimant is entitled under application of the Standards adopted by the Director under ORS 656.726 when the insurer closes the claim pursuant to OAR 438-012-0055.
(2) Pursuant to ORS 656.278(2)(d), an insurer may include permanent disability benefits for additional impairment to an injured body part that has previously been the basis of a permanent partial disability award, but only to the extent that the permanent partial disability rating exceeds the permanent partial disability rated by the prior award or awards.

Payment of Medical Benefits
          438-012-0037 Except as otherwise provided in OAR 438-012-0020(5), for every condition resulting from a compensable injury occurring before January 1, 1966, the [Board shall order the] own motion insurer [to] may pay for reasonable and necessary medical services when:
          (1) Undertaken for curative purposes;
          (2) Provided to a claimant who has been determined to have permanent total disability;
          (3) Provided in the form of prescription medications;
          (4) Necessary to administer prescription medication or to monitor administration of prescription medication;
          (5) Provided in the form of prosthetic devices, braces and supports;
          (6) Necessary to maintain and monitor the status, replacement or repair of a prosthetic device, brace or support;
          (7) Necessary to diagnose the claimant’s condition;
          (8) Necessary to enable the claimant to continue current employment;
          (9) Provided in the form of life-preserving modalities similar to insulin therapy, dialysis and transfusions; or
          (10) The Board determines that special circumstances justify the provision of further medical services.

Action by Board after Insurer Recommendation
          438-012-0040 Except as provided in OAR 438-012-0050, within a reasonable time after receipt of the insurer’s recommendation and supporting evidence and any additional evidence and argument from the claimant the Board may:
          (1) Issue its order based upon the evidence and argument submitted by the parties;
          (2) Request additional evidence from one or more of the parties; or
          (3) Refer the matter to the Hearings Division for an evidentiary hearing and recommended findings of fact and conclusions.

Board Will Act Unless Claimant Has Not Exhausted Other Available Remedies
          438-012-0050 (1) The Board will act promptly upon a request for relief under the provisions of ORS 656.278 and these rules unless:
          (a) The claimant has available administrative remedies under the provisions of ORS 656.273;
          (b) The claimant’s condition is the subject of a contested case under ORS 656.283 to 656.298, ORS 656.307 or ORS 656.308, or an arbitration or mediation proceeding under ORS 656.307; or
          (c) The claimant’s request for payment of temporary disability compensation is based on surgery or hospitalization or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the claimant to return to work that is the subject of either a managed care dispute resolution review process or a Director’s medical review under ORS 656.245, 656.260 or 656.327.
          (2) The Board may postpone its review of the merits of the claimant’s request for relief if the available remedies set forth in section (1) of this rule could affect the Board’s authority to award compensation under the provisions of ORS 656.278.

Closure of Claims Reopened Under ORS 656.278
          438-012-0055 [(1) Except as provided in section (2) of this rule, w] When a claim has been voluntarily reopened or ordered reopened by the Board [but not simultaneously closed by the Board] and the medical reports indicate to the insurer that the claimant’s condition has become medically stationary, the claim shall be closed by the insurer without the issuance of a Board order. In all such cases the insurer shall issue a Notice of Closure (Form 2066) to the claimant with copies to the claimant’s attorney, if any, and Benefits Section. The notice shall be on the form prescribed by the Director and shall inform the claimant of the amount and duration of temporary disability compensation, the amount of any permanent disability award determined under ORS 656.278(1)(b) and (2)(d), and the medically stationary date, and shall include the following notice in prominent or bold face type:
          "IF YOU THINK THIS CLAIM CLOSURE IS WRONG, YOU MAY ASK THE WORKERS’ COMPENSATION BOARD TO REVIEW IT AND DECIDE WHETHER YOU ARE ENTITLED TO MORE COMPENSATION. IF YOU DO NOT ASK FOR REVIEW WITHIN 60 DAYS OF THE DATE OF THIS NOTICE YOU WILL LOSE ANY RIGHT YOU MAY HAVE TO CONTEST THIS NOTICE UNLESS YOU CAN SHOW GOOD CAUSE FOR DELAY BEYOND 60 DAYS. AFTER 180 DAYS ALL RIGHTS WILL BE LOST. YOU MAY ASK FOR A REVIEW BY WRITING TO THE BOARD AT 2601 25TH STREET SE, SUITE 150, SALEM, OREGON 97302-1282. YOU MAY HAVE AN ATTORNEY OF YOUR CHOICE, WHOSE FEE WILL BE LIMITED TO A PERCENTAGE OF ANY MORE COMPENSATION YOU MAY BE AWARDED."
          [(2) When an own motion claim has been reopened for the payment of temporary disability compensation, and the Board approves a claim disposition agreement under ORS 656.236 by which the claimant releases his right to further payment of temporary disability compensation, the claim shall be closed administratively by the Board.]

Board Review of Insurer Closure
          438-012-0060 (1) The request for Board review of the insurer’s claim closure pursuant to OAR 438-012-0055(1) shall be in writing, signed by the claimant or the claimant’s attorney, and shall include, but is not limited to, the following information:
          (a) the claimant’s name and mailing address[,];
          (b) a statement that Board review is requested, and the reason(s) for the request for review;
          (c) the name of the insurer; and
          (d) a copy of the Notice of Closure (Form 2066).
          (2) To be considered, the request must be filed with the Board within 60 days after the mailing date of the notice of closure, or within 180 days after the mailing date if the claimant establishes good cause for the failure to file the request within 60 days after the mailing date. The Board shall notify all parties that review has been requested.
          [(2)](3) Within 15 days after notification from the Board that a review has been requested, the insurer shall submit to the Board and to the claimant and the claimant’s attorney, if any, legible copies of all evidence which pertains to the claimant’s compensable condition at the time of closure, including any evidence relating to permanent disability. The insurer may also submit written arguments at this time, with copies to the claimant or the claimant’s attorney, if any.
          [(3)](4) The claimant may submit additional evidence and written argument to the Board, with copies to the insurer or its attorney, if any. To be considered, such evidence and argument must be submitted within 15 days from the date the insurer mails the evidence pursuant to section [(2)] (3) of this rule.
          [(4)] (5) No additional written argument may be submitted unless authorized by the Board.
          [(5)] (6) The Board may, prior to issuing its order, refer a matter to the Hearings Division for an evidentiary hearing and recommended findings of fact and conclusions.
          [(6)] (7) The Board shall issue its order within a reasonable time after receipt of all evidence and argument from the parties and any recommendations from the Hearings Division.

Board Review of Voluntary Reopening of an Own Motion Claim
          OAR 438-012-0061 (1) If a dispute arises out of a voluntary reopening of a claim under ORS 656.278(5), a party may file a written request for Board review, with copies to the other party.
          (2) Within 14 days after notification from the Board that a review has been requested, the insurer shall submit to the Board and to the claimant or the claimant’s attorney, if any, legible copies of all evidence which pertains to the claimant’s compensable condition at the time of the voluntary reopening. The insurer may also submit written arguments at this time, with copies to the claimant or the claimant’s attorney, if any.
          (3) The claimant may submit additional evidence and written argument to the Board, with copies to the insurer or its attorney, if any. To be considered, such evidence and argument must be submitted within 21 days from the date the insurer mails the evidence and argument pursuant to section (2) of this rule.
          (4) The Board may, prior to issuing its order, refer a matter to the Hearings Division for an evidentiary hearing and recommended findings of fact and conclusions.
          (5) The Board shall issue its order within a reasonable time after receipt of all evidence and argument from the parties and any recommendations from the Hearings Division.

Referral of Request for Enforcement of Board’s Own Motion Order to Hearings Division
438-012-0062 (1) The Board may refer a request to enforce an own motion order to the Hearings Division for an evidentiary hearing and recommended findings of fact and conclusions.
(2) The Board shall issue its order within a reasonable time after receipt of all evidence and argument from the parties and any recommendations from the Hearings Division.

Reconsideration of Own Motion Orders
          438-012-0065 (1) All final orders issued by the Board under the provisions of ORS 656.278 shall set forth the parties, the request for relief, the Board’s decision and shall advise all parties of appeal rights.
          (2) A motion for reconsideration of a final order issued by the Board under the provisions of ORS 656.278 shall be filed within 30 days after the date of mailing of the order, or within 60 days after the mailing date if the party requesting reconsideration establishes good cause for the failure to file the request within 30 days after the mailing date.
          (3) Notwithstanding section (2) of this rule, in extraordinary circumstances the Board may, on its own motion, reconsider any prior Board order.

Notice of Claim Denial and Hearing Rights
          438-005-0055 (1) Except for a denial issued under ORS 656.262(15), [I]in addition to the requirements of ORS 656.262, the notice of denial shall specify the factual and legal reasons for denial, and shall contain a notice, in prominent or bold-face type, as follows:
          "IF YOU THINK THIS DENIAL IS NOT RIGHT, WITHIN 60 DAYS AFTER THE MAILING OF THIS DENIAL YOU MUST FILE A LETTER WITH THE WORKERS’ COMPENSATION BOARD, 2601 25TH STREET SE, SUITE 150, SALEM OREGON 97302-1282. YOUR LETTER MUST STATE THAT YOU WANT A HEARING, YOUR ADDRESS AND THE DATE OF YOUR ACCIDENT IF YOU KNOW THE DATE. IF YOUR CLAIM QUALIFIES, YOU MAY RECEIVE AN EXPEDITED HEARING WITHIN 30 DAYS. YOUR REQUEST CANNOT, BY LAW, AFFECT YOUR EMPLOYMENT. IF YOU DO NOT FILE A REQUEST WITHIN 60 DAYS, YOU WILL LOSE ANY RIGHT YOU MAY HAVE TO COMPENSATION UNLESS YOU CAN SHOW GOOD CAUSE FOR DELAY BEYOND 60 DAYS. AFTER 180 DAYS ALL YOUR RIGHTS WILL BE LOST. YOU MAY BE REPRESENTED BY AN ATTORNEY OF YOUR CHOICE AT NO COST TO YOU FOR ATTORNEY FEES.
          IF YOU MAKE A TIMELY REQUEST FOR HEARING ON A DENIAL OF COMPENSABILITY OF YOUR CLAIM AS REQUIRED BY ORS 656.319(1)(a) that is based on one or more reports of examinations conducted at the request of the insurer or self-insured employer under ORS 656.325(1)(a) AND YOUR ATTENDING PHYSICIAN DOES NOT CONCUR WITH THE REPORT OR REPORTS, YOU MAY REQUEST AN EXAMINATION TO BE CONDUCTED BY A PHYSICIAN SELECTED BY THE DIRECTOR. tHE COST OF THE EXAMINATION AND THE EXAMINATION REPORT SHALL BE PAID BY THE INSURER OR SELF-INSURED EMPLOYER. IF YOU HAVE QUESTIONS YOU MAY CALL THE BENEFITS SECTION TOLL FREE IN OREGON 1-800-452-0288 OR IN SALEM OR FROM OUTSIDE OREGON AT (503) 947-7585."
          (2) If an insurer or self-insured employer intends to deny a claim under ORS 656.262(15) because of a worker’s failure to cooperate in the investigation of the claim, in addition to the requirements of ORS 656.262, the notice of denial shall specify the factual and legal reasons for denial, and shall contain a notice, in prominent or bold-face type, as follows:
          "IF YOU THINK THIS DENIAL IS NOT RIGHT, WITHIN 60 DAYS AFTER THE MAILING OF THIS DENIAL YOU MUST FILE A LETTER WITH THE WORKERS’ COMPENSATION BOARD, 2601 25TH STREET SE, SUITE 150, SALEM OREGON 97302-1282. YOUR LETTER MUST STATE THAT YOU WANT AN EXPEDITED HEARING, YOUR ADDRESS AND THE DATE OF YOUR ACCIDENT IF YOU KNOW THE DATE. YOU WILL RECEIVE AN EXPEDITED HEARING WITHIN 30 DAYS. YOUR REQUEST CANNOT, BY LAW, AFFECT YOUR EMPLOYMENT. IF YOU DO NOT FILE A REQUEST WITHIN 60 DAYS, YOU WILL LOSE ANY RIGHT YOU MAY HAVE TO COMPENSATION UNLESS YOU CAN SHOW GOOD CAUSE FOR DELAY BEYOND 60 DAYS. AFTER 180 DAYS ALL YOUR RIGHTS WILL BE LOST. YOU MAY BE REPRESENTED BY AN ATTORNEY OF YOUR CHOICE AT NO COST TO YOU FOR ATTORNEY FEES. IF YOU HAVE QUESTIONS YOU MAY CALL THE BENEFITS SECTION TOLL FREE IN OREGON 1-800-452-0288 OR IN SALEM OR FROM OUTSIDE OREGON AT (503) 947-7585."

Attorney Fees In Own Motion Cases
          438-015-0080 (1) If an attorney is instrumental in obtaining increased temporary disability compensation, the Board shall approve a reasonable attorney fee, not to exceed $1,500, payable out of the increased compensation.
          (2) If the Board awards additional compensation for permanent disability, the Board shall approve a reasonable attorney fee in the amounts prescribed in OAR 438-015-0040, payable out of the increased compensation.
          (3) The Board may allow a fee in excess of [$1,500] the amounts prescribed in this section upon a finding that extraordinary services have been rendered.