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 Legal Resources

Frequently Asked Questions about Hearings

How do I request a hearing?

In writing, either mailed or hand delivered to one of our staffed offices in Salem, Eugene, Portland, and Medford, or fax your hearing request to (503) 373-1600. It's helpful in processing your request for hearing if you include your name, address, employer, date of injury and claim number. Hearing Request Form

WCB Salem - 2601 25th St SE, Ste 150, Salem, OR 97302
WCB Portland - 800 NE Oregon St, Ste 340, Portland, OR 97232
WCB Eugene - 1140 Willagillespie Rd, Ste 38, Eugene, OR 97401
WCB Medford - 131 E Main St, Ste 200, Medford, OR 97501

How do I get an expedited hearing?

There are several different kinds of expedited hearings. OAR 438-006-0078 sets out requirements that must be followed in order to get an expedited hearing based on a medical or financial hardship. Send a request for an expedited hearing to the Presiding Administrative Law Judge in Salem and that request will be reviewed.

How do I get an attorney who does not charge?

Call the Oregon State Bar Referral Service (1-800-452-7636) for an attorney in your area who specializes in workers' compensation law, or try the yellow pages in your phone book. Attorneys only get a fee if they win your case -- in some instances the fee is paid by your employer's insurer, in other instances the fee is paid from your award of compensation.

Why does it take so long to reschedule a hearing once it has been postponed?

New requests for hearing are required by law to be scheduled within 90 days of the request, postponed cases are required by law to be rescheduled within 120 days. There are many factors affecting the availability of docket time: holidays, ALJ training, and mediations or OSHA hearings that have to be scheduled.

Why does it take more than 30 days to get an Order?

The 30 day deadline for issuance of an order starts when the record closes. Sometimes the record doesn't close on the day of the hearing because additional evidence (for example, a medical report or a deposition of a doctor) has to be obtained and submitted to the ALJ.

Should the Hearing Cancellation & Settlement Notification Form on WCB's Web Site have a box for additional explanation when a case is submitted for decision based on the written record?

No, the intent behind this online notification form is simply to provide an easy-to-use vehicle for the parties to quickly advise us that a hearing will not be necessary after that determination has been made. That is, after the parties have agreed to settle all issues, or after the party who requested the hearing has decided to withdraw the request for hearing, or after the parties and the assigned ALJ have agreed that the case can be decided on the written record without a hearing, this online form can be used to notify WCB's administrative staff so they can make sure the interpreter (if any) is promptly advised of the cancelled hearing. Of course, as noted on the form, if a settlement or withdrawal occurs on the day of or the day before the hearing, the ALJ's Judicial Assistant should be contacted directly.