60 Days Means 60 Days in Oregon: New Board Decision Addresses the Medically Stationary Date and Overpayments
On March 18, 2026, the Workers’ Compensation Board issued an Order on Review further clarifying the finality of medically stationary dates listed on notices of closure. Christopher L. Shute, WCB Case No. 25-01824 (Order on Review, March 18, 2026).
In Christopher L. Shute, WCB Case No. 25-01824 (Opinion and Order, September 10, 2025), the issue was whether workers can challenge an asserted overpayment on the basis that the medically stationary date (on which the overpayment calculation relied) after the deadline to request reconsideration of the Notice of Closure had passed. The ALJ held that they cannot, and the Board affirmed.
Under ORS 656.268(5)(e), if a party objects to any aspect of the Notice of Closure, “the objecting party first must request reconsideration by the director… within 60 days of the date of the notice of closure.”
In Shute, a Notice of Closure issued on January 29, 2025, listing July 31, 2024 as the medically stationary date. Thus, under OAR 656.268(1)(a), the deadline to appeal any aspect of the Notice of Closure was March 31, 2025.
On March 28, 2025, the self-insured employer asserted an overpayment under ORS 656.268(14). The March 31, 2025 deadline to request notice of closure came and went, without any party requesting reconsideration.
Claimant then submitted a request for hearing challenging the asserted overpayment, arguing that the medically stationary date on which the overpayment calculations relied was incorrect. Claimant argued that, under ORS 656.268(1)(a), the medically stationary date cannot extend beyond 60-days from the date of determination and that the overpayment should be limited to 60-days before the date claimant’s attending provider agreed with the July 31, 2024 medically stationary date.
Employer argued that claimant was precluded from challenging the medically stationary date because the Notice of Closure became final as a matter of law when no party requested reconsideration by March 31, 2025.
The ALJ concluded that the law provides a clear remedy for challenging a medically stationary date –– requesting reconsideration of the notice of closure by the 60-day deadline. The ALJ noted that the Notice of Closure clearly indicated claimant was considered medically stationary as of July 31, 2024 and temporary disability would end as of that date. The ALJ declared, claimant “must have known” any temporary disability compensation received after the July 31, 2024 medically stationary date would result in an overpayment. However, because claimant failed to request reconsideration of the Notice of Closure, the ALJ held the Notice of Closure and the medically stationary date listed on it became final as a matter of law. Therefore, the ALJ concluded claimant could not, after the Notice of Closure became final, challenge the overpayment on the grounds that the medically stationary date was improper.
Claimant appealed this decision to the Board. On March 18, 2026, the Board adopted and affirmed the ALJ’s Opinion and Order.
The result of the Board’s Order on Review is that claimants must adhere to ORS 656.268(5)(e)’s strict 60-day reconsideration deadline when challenging any aspect of a Notice of Closure, and cannot subsequently disguise an untimely request for reconsideration as a simple challenge to an asserted overpayment.
Defending overpayment assertions and requests for reconsideration are complicated legal questions made easier with the help of a workers’ compensation attorney. If you have any questions about asserting and defending overpayments, you can contact me at or (503)595-6108.
Posted by Katy Scruppi.
