OAR 436-035-0385
Respiratory System

(1)

For the purpose of this rule, the following definitions apply:

(a)

FVC is forced vital capacity.

(b)

FEV1 is forced expiratory volume in the first second.

(c)

Dco refers to diffusing capacity of carbon monoxide.

(d)

VO2 Max is measured exercise capacity.

(2)

Lung impairment is rated according to the following classes:

(a)

Class 1: 0% for FVC greater than or equal to 80% of predicted, and FEV1 greater than or equal to 80% of predicted, and FEV1/FVC greater than or equal to 70%, and Dco greater than or equal to 80% of predicted; or VO2 Max greater than 25 ml/(kg x min).

(b)

Class 2: 18% for FVC between 60% and 79% of predicted, or FEV1 between 60% and 79% of predicted, or FEV1/FVC between 60% and 69%, or Dco between 60% and 79% of predicted, or VO2 Max greater than or equal to 20 ml/(kg x min) and less than or equal to 25 ml/(kg x min).

(c)

Class 3: 38% for FVC between 51% and 59% of predicted, or FEV1 between 41% and 59% of predicted, or FEV1/FVC between 41% and 59%, or Dco between 41% and 59% of predicted, or VO2 Max greater than or equal to 15 ml/(kg x min) and less than 20 ml/(kg x min).

(d)

Class 4: 75% for FVC less than or equal to 50% of predicted, or FEV1 less than or equal to 40% of predicted, or FEV1/FVC less than or equal to 40%, or Dco less than or equal to 40% of predicted, or VO2 Max less than 15 ml/(kg x min).

(3)

Lung cancer: All persons with lung cancers as a result of a compensable industrial injury or occupational disease are to be considered Class 4 impaired at the time of diagnosis. At a re-evaluation, one year after the diagnosis is established, if the person is found to be free of all evidence of tumor, then he or she should be rated under the physiologic parameters in OAR 436-035-0385 (Respiratory System)(2). If there is evidence of tumor, the person is determined to have Class 4 impairment.

(4)

Asthma: Reversible obstructive airway disease is rated under the classes of respiratory impairment described in section (2) of this rule. The impairment is based on the best of three successive tests performed at least one week apart at a time when the patient is receiving optimal medical therapy. In addition, a worker may also have impairment determined under OAR 436-035-0450 (Immune System).

(5)

Allergic respiratory responses: For workers who have developed an allergic respiratory response to physical, chemical, or biological agents refer to OAR 436-035-0450 (Immune System). Methacholine inhalation testing is permitted at the discretion of the physician. Where methacholine inhalation testing leaves the worker at risk, level of impairment may be based on review of the medical record.

(6)

Impairment from air passage defects is determined according to the following classes: [Ratings not included. See ED. NOTE.]

(7)

Residual impairment from a lobectomy is valued based on the physiological parameters found under section (2) of this rule.

(8)

For injuries that result in impaired ability to speak, the following classes are used to rate the worker’s ability to speak in relation to: audibility (ability to speak loudly enough to be heard); intelligibility (ability to articulate well enough to be understood); and functional efficiency (ability to produce a serviceably fast rate of speech and to sustain it over a useful period of time).

(a)

Class 1: 4% when speech can be produced with sufficient intensity and articular quality to meet most of the needs of everyday speech communication; some hesitation or slowness of speech may exist; certain phonetic units may be difficult or impossible to produce; listeners may require the speaker to repeat.

(b)

Class 2: 9% when speech can be produced with sufficient intensity and articular quality to meet many of the needs of everyday speech communication; speech may be discontinuous, hesitant or slow; can be understood by a stranger but may have many inaccuracies; may have difficulty being heard in loud places.

(c)

Class 3: 18% when speech can be produced with sufficient intensity and articular quality to meet some of the needs of everyday speech communication; often consecutive speech can only be sustained for brief periods; can converse with family and friends but may not be understood by strangers; may often be asked to repeat; has difficulty being heard in loud places; voice tires rapidly and tends to become inaudible after a few seconds.

(d)

Class 4: 26% when speech can be produced with sufficient intensity and articular quality to meet few of the needs of everyday speech communication; consecutive speech limited to single words or short phrases; speech is labored and impractically slow; can produce some phonetic units but may use approximations that are unintelligible or out of context; may be able to whisper audibly but has no voice.

(e)

Class 5: 33% for complete inability to meet the needs of everyday speech communication.

(9)

Workers with successful permanent tracheostomy or stoma should be rated at 25% impairment of the respiratory system.

Source: Rule 436-035-0385 — Respiratory System, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-035-0385.

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 436-035-0385’s source at or​.us