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Employment Services Team
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Purpose
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To offer assistance to
eligible Oregon injured workers, and to employers who employ or re-employ them, and
to resolve disputes between injured workers and insurers and oversee the administration
of the vocational assistance rules.
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Responsibilities
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Employer
at Injury Program (EAIP): Provide consultation and oversight for this insurer-administered
program which provides incentives to employers who return their injured workers to temporary
light-duty work while their claims are still open. Incentives include wage subsidies
for up to 66 work days, work site modifications up to $2,500, and certain purchases.
Preferred Worker Program (PWP): Administer and deliver direct services to eligible
Oregon workers with injury-caused permanent disabilities and the employers who hire them.
Incentives include exemption from paying workers' compensation premiums of the Preferred
Worker for three years, claim cost reimbursement for new on-the-job injuries within the
premium exemption period, six-month wage subsidies, work site modifications up to $25,000,
and employment purchases.
Vocational Assistance Dispute Resolution: Resolve disputes related to vocational
assistance process, including eligibility determinations, appropriateness of vocational
plans, and end of eligibility. |
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Functions
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Reemployment
specialists determine the eligibility of injured workers and employers for the program's
benefits. The injured worker's medical and claim information is reviewed to determine
if the worker meets eligibility requirements of the program. Employer eligibility for
incentives is based on current workers' compensation coverage. Reemployment specialists
review and approve wage subsidy contracts; tool, equipment and clothing purchases; and
payments for tuition, moving costs, and other purchases for the Preferred Worker. The
specialists also initiate reconsiderations and investigations, as well as provide phone
consultations for all parties regarding the above benefits. If a request is not approved,
the specialist provides a letter of explanation to the requesting party. Specialists
provide education and training to the public regarding reemployment assistance.
The reemployment consultants specialize in work site modification and provide consultation
services for the worker, employer, insurer and private rehabilitation counselor. Consultations
can be on the job site or by phone, helping the employer and worker redesign work sites
and select appropriate equipment. The consultants write and approve contracts and authorize
payment for the modifications. Consultants also provide education and training to the
public regarding reemployment assistance and work site modification.
The majority of a vocational reviewer's time is spent resolving disputes over vocational
assistance eligibility and the type and extent of services provided. To resolve a dispute,
reviewers use alternative dispute resolution skills and processes which includes, but
is not limited to: facilitating agreements via in-person, phone, and written negotiation,
mediation and education. Reviewers review file material and request additional information
from the parties. They talk to workers, insurers, employers, trainers, medical providers
and others over the phone or in person, and attempt to negotiate agreements. If the parties
reach agreement, the reviewer issues a formal letter of agreement. If the parties reach
an agreement not covered under the vocational assistance rules, the reviewer issues an
order of dismissal. If the dispute is not resolved by agreement or dismissal, the reviewer
completes an investigation, weighs the evidence, and renders a decision, called a Director's
Order. Director's Orders may be appealed to the Workers' Compensation Division and then
to the Court of Appeals.
Vocational reviewers schedule and convene conferences with insurers, workers, attorneys,
and vocational counselors when return-to-work plans are not implemented within statutory
timeframes. This enables the parties to identify obstacles, and overcome those obstacles
for return-to-work plans to be implemented, reducing the need for either party to file
a dispute with the division.
Vocational reviewers provide consultation and training to injured workers, vocational
counselors, medical providers, insurers, attorneys and the general public. Consultation
and training address: statutes, case law, rules, regulations and policies to gain or
clarify information relevant to the dispute or dispute resolution process.
The Employment Services Team has offices in Salem and Medford. |
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Primary
governing rules
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OAR436-105:
Employer at Injury Program
OAR 436-110: Reemployment Assistance Program
OAR 436-120: Vocational Assistance to Injured Workers |
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For
more information contact:
Employment-at-Injury
Program: 503-947-7588, 1-800-445-3948
FAX: 503-947-7581
Vocational Assistance: 503-947-7816
FAX: 503-947-7794 |
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