Accuracy in job descriptions is critical to a successful claim closure in Oregon
In a recent Board decision, the Order on Reconsideration and Opinion & Order denying a penalty was set aside for failure to provide an accurate job description. Dawn Price 77 Van Natta 203 (2025). On review claimant contested the accuracy of the job description’s physical requirements for job at injury as required under OAR 436-030-0020(2)(c) and alleged the employer lacked sufficient knowledge regarding claimant’s permanent ability to use her right shoulder overhead to close the claim.
In this case, the employer failed to provide claimant or her attorney an accurate description of the job at injury by certified mail. At hearing employer relied upon a Physical Work Performance Evaluation (PWPE) and vocational evaluation to argue that there was sufficient information to rate claimant’s physical work capacity and work disability arising under the claim. The Board found the PWPE and vocational evaluation did not contain accurate or clear information about all of the physical requirements for the job at injury. The Board found that the PWPE listed physical capacity requirements but did not explicitly provide that all the job requirements were reflected in the PWPE. Accordingly, the Board reversed the Order & Opinion and the Order on Reconsideration. The Board rescinded the closure, awarded claimant a penalty of 25% when the claim is closed and provided a $5,000 assessed attorney fee.
This case is an important reminder why detailed job analyses are critical to successful claim closure. If claimant is not released to the job at injury or has returned to the job at injury, claim closure needs to have clear information about the actual physical capacities for a closure to be upheld. Before closing a claim, it is best to follow up with the provider when a provider notes a job requirement is too vague.
For those claims where a claimant is not released to the job at injury OAR 436-030-0020(2) (c) requires:
(A) An accurate description of the physical requirements of the worker’s job held at the time of injury, which has been provided by certified mail to the worker and the worker’s attorney, if any, either before closing the claim or at the time the claim is closed, unless the record clearly establishes the physical requirements of the worker’s job held at the time of injury.
At SBH we are ready and able to answer any questions you may have regarding processing a claim to closure. If you need any further guidance, please feel free to contact me at 503-776-5420 or .
Posted by Kalina Lovell.
