Can I appeal my Order on Reconsideration?

Yes, by filing a request for hearing.  The first, let's start at the beginning.

When your attending physician finds that you are medically stationary, it means that you do not require any additional medical care to restore  your functional abilities. At that point, your claim will be closed with a Notice of Closure. That document will describe many things, including whether or not you are entitled to permanent partial disability. If you are not satisfied with any of the decisions outlined in the Notice of Closure, you can request a reconsideration of your claim.

When you requested reconsideration of your claim,  the office that reviews your request, called the Appellate Review Unit, may schedule medical examination with a physician, referred to as a "medical arbiter."  That physician will issue a report, and in most cases, the Appellate Review Unit will adopt the findings in that report. The Appellate Review Unit then will issue an Order on Reconsideration.

An injured worker can appeal the Order on Reconsideration by filing a request for hearing with the Workers' Compensation Board Hearings Division.

YOU MUST FILE THE REQUEST FOR HEARING WITHIN 30 DAYS OF THE ORDER ON RECONSIDERATION.

Any of the exhibits offered to  the Administrative Law Judge must be  part of the "reconsideration record." The reconsideration record is simply all the documents that were before the Appellate Review Unit when it reconsidered the Notice of Closure.  Often times, the "hearing"  is nothing more than submission of written arguments to the Administrative Law Judge.

If you have an accepted Workers' Compensation claim that has recently closed, or an Order on Reconsideration, and want to know whether to file an appeal,call us at 503-325-8600. We have offices in Beaverton and Astoria, and can meet to discuss your case.

Joe Di Bartolomeo
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Joe Di Bartolomeo is a top rated personal injury lawyer helping Oregon and Washington families