Oregon Rulemaking and Work Groups
A few weeks ago, I discussed the recent legislative changes from the 2025 session. There are now a few different rulemaking and advisory groups developing the administrative framework for those statutory changes. You can see a schedule of the WCD’s meetings here.
The Oregon Workers’ Compensation Division will be forming a rulemaking advisory committee to review issues affecting OAR 436-050, Employer/Insurer Coverage Responsibility. The list of topics for this rulemaking includes:
· Revisions needed for Division 050 to align with Senate Bill 904 (2025), allowing self-insured school districts to apply for an exemption from our security deposit requirements
· Revisions to the timing of revoking a self-insured employer’s certification for failure to provide security.
· Aug. 27, 2025, 2:30 – 4:00pm
The Oregon Workers’ Compensation Division has scheduled a rulemaking advisory committee meeting to discuss possible revisions to OAR 436-060, “Claims Administration,” including, but not limited to:
· Revisions needed for Division 060 and 030 to align with House Bill 2802 (2025), related to lump sum payments of permanent partial disability.
· Other limited claim processing issues regarding Division 060, with a related issue in Division 075.
· September 10, 2025 – 1:30pm-4:30pm, Room F (basement) Labor & Industries Building, 350 Winter St. NE, Salem, Oregon, or by Microsoft Teams (video or phone).
There are also two MLAC subcommittees working on issues that were raised during the legislative session. MLAC determined additional work was needed on these proposals.
MLAC’s Access to Care Subcommittee is charged with resuming the discussion on access-to- care issues within the Oregon workers’ compensation system, including the proposals in House Bill 3374 (2025). The subcommittee will study and address issues such as provider availability, administrative burden, managed care organization-worker communication, and systemic barriers affecting injured workers’ ability to obtain timely, appropriate care – especially in rural areas. The group tentatively meets every other Friday morning and the schedule is posted here.
MLAC’s Average Weekly Wage Subcommittee is charged with resuming the discussion on average weekly wages for low-income workers issues within the Oregon workers’ compensation system, including the proposals in Senate Bill 705 (2025). The subcommittee will study and address the adequacy of the 66 2/3 rule for temporary total disability for low-wage earners and may suggest reforms to benefit adequacy. The group tentatively meets every other Friday afternoons and the schedule is posted here.
If you are interested in participating in any of these groups, please contact me and I can assist with getting involved. As always, please feel free to contact me at (503) 595-2130 or with any questions or concerns.
Posted by Kevin Anderson.
