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WCD outlines rulemaking schedule for multiple workers' compensation changes

Medical-Legal Advisory Committee (MLAC) · August 6, 2026
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Summary

WCD staff reported rulemaking activity tied to OAR 436-100, House Bill 4040 (temporary rules filed in April), and HB 2800 (worker-leasing/PEO language), with proposed/permanent filings scheduled for September and October and an effective date for HB 2800-related rules of July 1, 2027.

Terry reported that the workers' compensation division has been active with several rulemakings this summer. He said a rulemaking hearing on OAR 436-100 (benefits offset) took place July 7 and proposed rules are being drafted for filing in September. A July 23 hearing considered changes related to House Bill 4040; temporary rules had been filed in April under an emergency clause and permanent rules will be filed in September. Terry also said a rulemaking hearing for the 2025 worker-leasing statute (HB 2800) was scheduled for that day and that permanent rules were planned for filing in October with an effective date of July 1, 2027.

Committee members did not raise substantive objections during the briefing, and staff thanked stakeholders for cooperative engagement in the rulemaking process. The committee was reminded that written materials and follow-up questions can help the group digest technical rule and legal materials.

Why it matters: The rulemaking timeline affects when statutory changes will be operationalized in administrative rules, which in turn affects claims processing, provider requirements, and employer obligations under workers' compensation law.