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Vocational Dispute Resolution
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Vocational Assistance Program is past of the Employment Services Team (EST) within the
Benefit Services Section. Their primary purpose is to resolve vocational disputes between
Oregon injured workers and insurers. |
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Issues
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Many disputes are not
black and white, but involve "gray" issues which often lend themselves to
compromise and agreement. Issues typically fall into the following categories:
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Process
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Because
vocational dispute resolution involves facilitation as well as arbitration, the vocational
reviewer follows a variety of processes in the pursuit of a solution which could include
any or all of the following examples:
- Review file materials
and resource documents
- Facilitate in-person
or telephone conferences with the parties
- Visit a worksite
to observe the performance of a particular job
- Use his or her
expertise to review and analyze complex labor market information
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When a vocational
reviewer facilitates an agreement, they will issue:
- A formalized
letter of Agreement between parties, if the agreement involves provision of
services under the vocational assistance rules; or
- An Order of Dismissal,
if the worker withdraws the request for review.
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If the dispute is not resolved by agreement or dismissal, the reviewer issues a Director's
Order. As the director's delegate, the reviewer investigates the facts, weighs the evidence
and renders a decision consistent with the statute and administrative rules governing
vocational assistance. A preponderance of evidence is required in order for a party to
prevail. |
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Resolution
facts & figures
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| In
fiscal year 2007, EST vocational reviewers resolved approximately 459 disputes. Thirty-four
percent of those disputes resulted in Director's Orders. Approximately seven percent
were Dismissals and twenty-eight percent were Letters of Agreement. ORS 656.283 requires
the Director to complete the review "within a reasonable time." The median
number of days between the time EST receives a request until resolution is 26 days. |
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For
more information contact:
Employment
Services Team: 503-947-7816 |
