OAR 436-035-0008
Calculating Disability Benefits (Dates of Injury prior to 1/1/2005)

(1)

Scheduled disability with a date of injury prior to January 1, 2005, is rated on the permanent loss of use or function of a body part caused by a compensable injury. To calculate the scheduled impairment benefit, use the following steps:

(a)

Determine the percent of scheduled impairment using the impairment values found in OAR 436-035-0019 (Chronic Condition) through 436-035-0260 (Visual Loss), and the applicable procedures within these rules.

(b)

Multiply the result in (a) by the maximum degrees, under ORS 656.214 (Permanent partial disability), for the injured body part.

(c)

Multiply the result from (b) by the statutory dollar rate under ORS 656.214 (Permanent partial disability) and illustrated in Bulletin 111.

(d)

The result from (c) is the scheduled impairment benefit. If there are multiple extremities with impairment then each is determined and awarded separately, including hearing and vision loss.
Example: Scheduled impairment benefit
0.12 Scheduled impairment percent (12%)
x 192 Maximum degrees for the body part
= 23.04 Degrees of scheduled disability
x $559.00 Statutory dollar rate per degree
= $12,879.36 Scheduled impairment benefit

(2)

Unscheduled disability with a date of injury prior to January 1, 2005, is rated on the permanent loss of use or function of a body part or system caused by a compensable injury, as modified by the factors of age, education, and adaptability.

(a)

To calculate the unscheduled impairment benefit when the worker returns or is released to regular work according to OAR 436-035-0009 (Calculating Disability Benefits (Date of Injury on or after 1/1/2005))(3), use the following steps.

(A)

Determine the percent of unscheduled impairment using the impairment values found in OAR 436-035-0019 (Chronic Condition) and OAR 436-035-0330 (Shoulder Joint) through 436-035-0450 (Immune System), and the applicable procedures within these rules.

(B)

Multiply the result in (A) by the maximum degrees for unscheduled impairment.

(C)

Multiply the result in (B) by the statutory dollar rate under ORS 656.214 (Permanent partial disability) and illustrated in Bulletin 111.

(D)

The result in (C) is the unscheduled impairment benefit.
Example: Unscheduled impairment benefit (worker returns/is released to regular work)
0.12 Unscheduled impairment percent (12%)
x 320 Maximum degrees for unscheduled impairment
= 38.40 Degrees of unscheduled disability
x $184.00 Statutory dollar rate per degree
= $7,065.60 Unscheduled impairment benefit

(b)

To calculate the unscheduled disability benefit when the worker does not return or is not released to regular work according to OAR 436-035-0009 (Calculating Disability Benefits (Date of Injury on or after 1/1/2005))(3), use the following steps.

(A)

Determine the percent of unscheduled impairment using the impairment values found in OAR 436-035-0019 (Chronic Condition) and 436-035-0330 (Shoulder Joint) through 436-035-0450 (Immune System), and the applicable procedures within these rules.

(B)

Determine the social-vocational factor, under OAR 436-035-0012 (Social-Vocational Factors (Age/Education/Adaptability) and the Calculation of Work Disability), and add it to (A).

(C)

Multiply the result from (B) by the maximum degrees for unscheduled impairment.

(D)

Multiply the result from (C) by the statutory dollar rate for unscheduled impairment under ORS 656.214 (Permanent partial disability).

(E)

The result from (D) is the unscheduled impairment benefit.
Example: Unscheduled impairment benefit (worker does not return/released to regular work)
0.12 Unscheduled impairment percentage (12%)
+ 6% Social-vocational factor
= 18% Unscheduled impairment
X 320 Maximum degrees for unscheduled impairment
= 57.6 Degrees of unscheduled disability
X $184.00 Statutory dollar rate per degree
= $10,598.40 Unscheduled impairment benefit
[ED. NOTE: Examples/Publications referenced are available from the agency.]
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 436-035-0008 — Calculating Disability Benefits (Dates of Injury prior to 1/1/2005), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-035-0008.

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. 8, 2021

Rule 436-035-0008’s source at or​.us