All Contested Case Subject
Monetary Adjustments
Compensation
Where two insurers were both obligated to pay interim compensation for a specific period of time, and both had paid during that time, one insurer was not required to reimburse the other insurer's payments for that period because doing so would require one insurer to pay more than was required by law, in violation of OAR 436-060-0195(3). Maue, Jean R.,
16 CCHR 332 (2011).
Where two insurers paid compensation for the same period of the claimant's disabilty, the one that had been appointed the paying agent failed to meet its duty to investigate whether the claimant had already been paid by the other company before paying temporary disability so that the paying agent company was not entitled to be reimbursed for its payments, under OAR 436-060-0195(3). Maue, Jean R.,
16 CCHR 332 (2011).
Claimant's request to modify or disallow the asserted 'overpayment' on a temporary disability award is denied because it has been finally determined in a notice of closure, and is not subject to collateral attack. Holte, Delare D.,
14 CCHR 94 (2009).
Because the record established that no claim was made against employer and the insurer agrees that the director's rules do not contemplate apportioning compensation to an employer in the absence of a claim against the employer, the insurer may not seek equitable relief to reduce the insurer's compensation to claimant. Crittendon, Tami,
13 CCHR 52 (2008).
The director modified the ALJ's finding of the claimant's AWW. Davison, Daniel J.,
9 CCHR 281 (2004).
Deposition fees that are three times higher than that of the highest fee charged by any similar provider are unreasonable and may be limited to a customary amount charged by similar providers. Reynolds, Scott R.,
9 CCHR 149 (2004).
*Note: Subsequent action
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