May 10, 2022
by Kevin Anderson

Oregon WCD Starts Rulemaking Process for Timeloss Bill (HB 4138)

The WCD held the first public meeting on May 3rd to address issues related to implementing HB 4138 made several changes to processing temporary disability benefits. I know from the meeting many of our wonderful clients provided some excellent input to help the WCD.

A copy of the full agenda can be found here, but some of the major talking points include:

  • What information should be listed on the new notices going to workers (when payments end and when they are declared medically stationary);
  • Should the notices be standardized or left to the employers, insurers, and TPAs;
  • How long do insurers/TPAs need to get the new notices integrated into their existing processes;
  • How should the period be defined for timeloss authorizations for periods during litigation;
  • If the attending physician provides a medically stationary date more than 60 days in the past, how does the new process need adjusted;
  • What happens to claim closure if the proper notices are not provided;
  • Are there other issues the WCD needs to consider.

There will be further chances for input as the WCD presents draft rules, but if you would like to comment on the current questions or bring up other issues you can send them to me or email them directly to the WCD to be put in the public record.

As always, if you have any questions on this new legislation, the rule making process, or any other issues, please feel free to contact me at or 503-595-2130.

Posted by Kevin Anderson.