OAR 436-035-0007
General Principles


(1) Eligibility for impairment.
(a) Eligibility, generally. A worker is eligible for an award for impairment if:
(A) The worker suffers permanent loss of use or function of a body part or system;
(B) The loss is established by a preponderance of medical evidence based upon objective findings of impairment; and
(C) The loss is due to the compensable injury.
(b) Apportionment. A worker’s award for impairment is limited to the amount of impairment caused by the compensable injury subject to the following:
(A) If the loss of use or function of a body part or system is entirely caused by the compensable injury, the worker is eligible for the full award provided for the loss under the rating standards in this division of rules.
(B) If the loss of use or function of a body part or system is partly caused by the compensable injury, the following provisions apply:
(i) The worker is eligible for an award for impairment for:
(I) The portion of the loss due to the compensable injury;
(II) The portion of the loss caused by a condition that does not qualify as a pre-existing condition but that existed before the initial injury in an initial injury or omitted condition claim, before the onset of the accepted new medical condition in a new condition claim, or before the onset of the accepted worsened condition in an aggravation claim; and
(III) The portion of the loss caused by a condition that qualifies as a pre-existing condition, but is not part of a denial of a combined condition.
(ii) The worker is not eligible for an award for impairment for the portion of the loss caused by:
(I) A denied condition;
(II) A superimposed condition; or
(III) A pre-existing condition, as defined by OAR 436-035-0005 (Definitions)(11) and ORS 656.005 (Definitions)(24), if the pre-existing condition was accepted as part of a combined condition and there is a subsequent denial of the combined condition, unless the pre-existing condition is otherwise compensable under ORS 656.225 (Compensability of certain preexisting conditions).
(C) If the loss of use or function of a body part or system is not caused in any part by the compensable injury, the loss is not due to the compensable injury and the worker is not eligible for an award for impairment.
(2) Eligibility for work disability. An award for impairment is modified by the factors of age, education, and adaptability if the worker is eligible for an award for work disability. A worker is eligible for an award for work disability if:
(a) The worker is eligible for an award for impairment;
(b) An attending physician or authorized nurse practitioner has not released the worker to the job held at the time of injury;
(c) The worker has not returned to the job held at the time of injury; and
(d) The worker is unable to return to the job held at the time of injury because the worker has a permanent work restriction that is caused in any part by the compensable injury.
(3) When a new or omitted medical condition has been accepted since the last arrangement of compensation, the extent of permanent disability must be redetermined.
(a) Redetermination includes the rating of the new impairment attributed to the accepted new or omitted medical condition and the reevaluation of the worker’s social-vocational factors. The following applies to claims with a date of injury on or after Jan. 1, 2005:
(A) When there is a previous work disability award and there is no change in the worker’s restrictions but impairment values increase, work disability must be awarded based on the additional impairment.
(B) When there is not a previous work disability award but the accepted new or omitted medical condition creates restrictions that do not allow the worker to return to regular work, the work disability must be awarded based on any previous and current impairment values.
(b) When performing a redetermination of the extent of permanent disability under this section, the amount of impairment caused by a condition other than the accepted new or omitted condition is not re-evaluated and is given the same impairment value as established at the last arrangement of compensation.
(4) When a worker has a prior award of permanent disability under Oregon workers’ compensation law, disability is determined under OAR 436-035-0015 (Offsetting Prior Awards) (offset) for purposes of determining disability only as it pertains to multiple Oregon workers’ compensation claims.
(5) Establishing impairment.
(a) Impairment is established based on objective findings of the attending physician under ORS 656.245 (Medical services to be provided)(2)(b)(C) and OAR 436-010-0280 (Determination of Impairment/Closing Exams).
(b) On reconsideration, when a medical arbiter is used, impairment is established based on objective findings of the medical arbiter, except where a preponderance of the medical evidence demonstrates that different findings by the attending physician are more accurate and should be used.
(c) A determination that loss of use or function of a body part or system is due to the compensable injury is a finding regarding the worker’s impairment.
(d) A determination that loss of use or function of a body part or system is due to the compensable injury must be established by the attending physician or medical arbiter.
(6) Objective findings made by a consulting physician or other medical providers (e.g., occupational or physical therapists) at the time of closure may be used to determine impairment if the worker’s attending physician concurs with the findings.
(7) If there is no measurable impairment under these rules, no award of permanent partial disability is allowed.
(8) Pain is considered in the impairment values in these rules to the extent that it results in valid measurable impairment. For example: The medical provider determines that giveaway weakness is due to pain attributable to the compensable injury. If there is no measurable impairment, no award of permanent disability is allowed for pain. To the extent that pain results in disability greater than that evidenced by the measurable impairment, including the disability due to expected waxing and waning of the worker’s compensable injury, this loss of earning capacity is considered and valued under OAR 436-035-0012 (Social-Vocational Factors (Age/Education/Adaptability) and the Calculation of Work Disability) and is included in the adaptability factor.
(9) Methods used by the examiner for making findings of impairment are the methods described in these rules and further outlined in Bulletin 239, and are reported by the physician in the form and format required by these rules. [Bulletin 239 is available from the agency.]
(10) Range of motion is measured using the goniometer, except when measuring spinal range of motion; then an inclinometer must be used. Reproducibility of abnormal motion is used to validate optimum effort.
(a) For obtaining goniometer measurements, center the goniometer on the joint with the base in the neutral position. Have the worker actively move the joint as far as possible in each motion with the arm of the goniometer following the motion. Measure the angle that subtends the arc of motion. To determine ankylosis, measure the deviation from the neutral position.
(b) There are three acceptable methods for measuring spinal range of motion: the simultaneous application of two inclinometers, the single fluid-filled inclinometer, and an electronic device capable of calculating compound joint motion. The examiner must take at least three consecutive measurements of mobility, which must fall within 10% or 5 degrees (whichever is greater) of each other to be considered consistent. The measurements must be repeated up to six times to obtain consecutive measurements that meet these criteria. Inconsistent measurements may be considered invalid and that portion of the examination disqualified. If acute spasm is noted, the worker should be re-examined after the spasm resolves.
(11) Validity is established for findings of impairment under the criteria noted in these rules and further outlined in Bulletin 239, unless the validity criteria for a particular finding is not addressed, or is determined by physician opinion to be medically inappropriate for a particular worker. Upon examination, findings of impairment that are determined to be ratable under these rules are rated unless the physician determines the findings are invalid. When findings are determined invalid, the findings receive a value of zero. If the validity criteria are not met but the physician determines the findings are valid, the physician must provide a written rationale, based on sound medical principles, explaining why the findings are valid. For purposes of this rule, the straight leg raising validity test (SLR) is not the sole criterion used to invalidate lumbar range of motion findings. [Bulletin 239 is available from the agency.]
(12) Except for contralateral comparison determinations under OAR 436-035-0011 (Determining Percent of Impairment)(3), loss of opposition determination under OAR 436-035-0040 (Loss of Opposition in Thumb/Finger Amputations), averaging muscle values under OAR 436-035-0011 (Determining Percent of Impairment)(8), and impairment determined under ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws)(4)(f), only impairment values listed in these rules are to be used in determining impairment. Prorating or interpolating between the listed values is not allowed. For findings that fall between the listed impairment values, the next higher appropriate value is used for rating.
(13) Values found in these rules consider the loss of use, function, or earning capacity directly associated with the compensable injury. When a worker’s impairment findings do not meet the threshold (minimum) findings established in these rules, no value is granted.
(a) Not all surgical procedures result in loss of use, function, or earning capacity. Some surgical procedures improve the use and function of body parts, areas, or systems or ultimately may contribute to an increase in earning capacity. Accordingly, not all surgical procedures receive a value under these rules.
(b) Not all medical conditions or diagnoses result in loss of use, function, or earning capacity. Accordingly, not all medical conditions or diagnoses receive a value under these rules.
(14) Waxing and waning of signs or symptoms related to a worker’s compensable injury are already contemplated in the values provided in these rules. There is no additional value granted for the varying extent of waxing and waning of the compensable injury. Waxing and waning means there is not an actual worsening of the condition under ORS 656.273 (Aggravation for worsened conditions).
436–035–0001
Authority for Rules
436–035–0002
Purpose of Rules
436–035–0003
Applicability of Rules
436–035–0005
Definitions
436–035–0006
Determination of Benefits for Disability Caused by the Compensable Injury
436–035–0007
General Principles
436–035–0008
Calculating Disability Benefits (Dates of Injury prior to 1/1/2005)
436–035–0009
Calculating Disability Benefits (Date of Injury on or after 1/1/2005)
436–035–0011
Determining Percent of Impairment
436–035–0012
Social-Vocational Factors (Age/Education/Adaptability) and the Calculation of Work Disability
436–035–0013
Findings of Impairment
436–035–0014
Worsened Pre-existing Conditions and Combined Conditions
436–035–0015
Offsetting Prior Awards
436–035–0016
Reopened Claim for Aggravation/Worsening
436–035–0017
Authorized Training Program (ATP)
436–035–0018
Death
436–035–0019
Chronic Condition
436–035–0020
Parts of the Upper Extremities
436–035–0030
Amputations in the Upper Extremities
436–035–0040
Loss of Opposition in Thumb/Finger Amputations
436–035–0050
Thumb
436–035–0060
Finger
436–035–0070
Conversion of Thumb/Finger Values to Hand Value
436–035–0075
Hand
436–035–0080
Wrist
436–035–0090
Conversion of Hand/Forearm Values to Arm Value
436–035–0100
Arm
436–035–0110
Other Upper Extremity Findings
436–035–0115
Conversion of Upper Extremity Values to Whole Person Values
436–035–0130
Parts of the Lower Extremities
436–035–0140
Amputations in the Lower Extremities
436–035–0150
Great Toe
436–035–0160
Second through Fifth Toes
436–035–0180
Conversion of Toe Values to Foot Value
436–035–0190
Foot
436–035–0210
Conversion of Foot Value to Leg Value
436–035–0220
Leg
436–035–0230
Other Lower Extremity Findings
436–035–0235
Conversion of Lower Extremity Values to Whole Person Values
436–035–0250
Hearing Loss
436–035–0255
Conversion of Hearing Loss Values to Whole Person Values
436–035–0260
Visual Loss
436–035–0265
Conversion of Vision Loss Values to Whole Person Values
436–035–0330
Shoulder Joint
436–035–0340
Hip
436–035–0350
General Spinal Findings
436–035–0360
Spinal Ranges of Motion
436–035–0370
Pelvis
436–035–0375
Abdomen
436–035–0380
Cardiovascular System
436–035–0385
Respiratory System
436–035–0390
Cranial Nerves/Brain
436–035–0395
Spinal Cord
436–035–0400
Mental Illness
436–035–0410
Hematopoietic System
436–035–0420
Gastrointestinal and Genitourinary Systems
436–035–0430
Endocrine System
436–035–0440
Integument and Lacrimal System
436–035–0450
Immune System
436–035–0500
Rating Standard for Individual Claims
Last Updated

Jun. 24, 2021

Rule 436-035-0007’s source at or​.us