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.(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.(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.
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.