OAR 436-040-0005

Except where the context requires otherwise, these rules are governed by the following definitions:


“Compensation” means all benefits, including medical services and attorney fees, provided for a compensable injury to a subject worker or the worker’s beneficiaries. However, it does not include expenses as defined by the National Council on Compensation Insurance, in its Workers’ Compensation Statistical Plan, Part IV.


“Deductible” means the initial $1,000 of cumulative compensation paid on qualifying claim(s) applied once per worker with a disability.


“Director” means the director of the Department of Consumer and Business Services or the director’s delegate for the matter.


“Division” means the Workers’ Compensation Division of the Department of Consumer and Business Services.


“Employer” means an employer who qualifies pursuant to the provisions of ORS 656.017 (Employer required to pay compensation and perform other duties), either as a carrier-insured employer or as a self-insured employer under ORS 656.407 (Qualifications of insured employers).


“Worker with a disability” means a worker who is afflicted with, or subject to, any permanent physical or mental impairment, whether congenital or due to an injury or disease, including periodic impairment of consciousness or muscular control of such character that the impairment would prevent the worker from obtaining or retaining employment.


“Workers with Disabilities Claim Reserve” means the total anticipated liability (paid plus future reimbursable costs) regardless of any relief granted under the Workers with Disabilities Program.


“Workers with Disabilities Program” means the program established under ORS 656.628 (Workers with Disabilities Program).


“Paying Agency” means the insurer, self-insured employer, or designated representative of the self-insured employer, responsible for paying compensation for a compensable injury.


“Settlement” means any agreement produced as a result of the act or process of settling differences between a paying agent and a worker with a disability, or disposition of a claim pursuant to ORS 656.236 (Compromise and release of claim matters except for medical benefits) or 656.289 (Orders of Administrative Law Judge).
Last Updated

Jun. 8, 2021

Rule 436-040-0005’s source at or​.us