Oregon Department of Consumer and Business Services, Workers' Compensation Division

Rule Rule 436-060-0005

Unless a term is specifically defined elsewhere in these rules or the context otherwise requires, the definitions of ORS chapter 656 are hereby incorporated by reference and made a part of these rules. For the purpose of these rules unless the context requires otherwise:
(1) “Aggravation” means an actual worsening of the compensable conditions after the last award or arrangement of compensation that satisfies the requirements of ORS 656.273 (Aggravation for worsened conditions).
(2) “Authorized nurse practitioner” means a nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) and OAR 436-010.
(3) “Board” means the Workers’ Compensation Board and includes its Hearings Division.
(4) “Business days” means Monday through Friday, excluding legal holidays. Legal holidays are those listed in OAR 436-060-0150 (Timely Payment of Compensation)(2).
(5) “Dependent” means any of the relatives of a worker listed under ORS 656.005 (Definitions)(10) who, at the time of an accident, depended in whole or in part for support on the earnings of a worker who dies as a result of an injury.
(6) “Designated paying agent” means the insurer temporarily ordered responsible to pay compensation for a compensable injury under ORS 656.307 (Determination of issues regarding responsibility for compensation payment).
(7) “Director” means the Director of the Department of Consumer and Business Services or the director’s designee.
(8) “Disposition” or “claim disposition” means the written agreement to release rights or obligations under ORS 656.236 (Compromise and release of claim matters except for medical benefits).
(9) “Division” means the Workers’ Compensation Division of the Department of Consumer and Business Services.
(10) “Employer” means a subject employer under ORS 656.023 (Who are subject employers).
(11) “Inpatient” means a worker who is admitted to a hospital before and extending past midnight for treatment and lodging.
(12) “Insurer” means the State Accident Insurance Fund Corporation; an insurer authorized under ORS chapter 731 to transact workers’ compensation insurance in Oregon; or an employer or employer group certified under ORS 656.430 (Certification of self-insured employer) that meets the qualifications of a self-insured employer under ORS 656.407 (Qualifications of insured employers).
(13) “Mailing date,” unless otherwise specified, means:
(a) The date a document is postmarked;
(b) The date automatically produced by electronic transmission (e.g., email or facsimile);
(c) The date a hand-delivered document is received by the recipient; or
(d) The date of a phone or in-person request, when allowed under these rules.
(14) “Physical rehabilitation program” means any services provided to a worker to prevent the compensable injury from causing continuing disability.
(15) “Regularly employed” means a worker is receiving a regular wage as defined in section (18) of this rule. For workers who are paid a daily wage, “regularly employed” means actual employment or availability for such employment.
(16) “Service company” means the contracted agent for an insurer authorized to process claims and make payment of compensation on behalf of the insurer.
(17) “Suspension of compensation” means a period of time where:
(a) No temporary disability, permanent total disability, or medical and related service benefits accrue or are payable; and
(b) Vocational assistance and payment of permanent partial disability benefits will be stayed.
(18) “Wages” is as defined in ORS 656.005 (Definitions)(29) and, in these rules, is categorized as either irregular wages or regular wages. Wages do not include expenses incurred due to the job and reimbursed by the employer (e.g., meals, lodging, per diem, equipment rental).
(a) “Irregular wages” means a variable pay rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, and it includes but is not limited to:
(A) Tips;
(B) Commissions;
(C) Monies paid on unscheduled or unpredictable intervals, including but not limited to workers who are seasonally employed, on call, paid hourly at varying hours, or paid by piece rate; and
(D) The reasonable value of any in-kind considerations only if the considerations will not continue during the period of disability; and
(b) “Regular wages” means a constant and uniform pay rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, and it includes, but is not limited to, wages paid on a daily or weekly basis. Hourly wages may be considered regular if the same number of hours are worked each pay period.
(19) “Wage earning agreement” means the verbal or written contract of hiring or terms of employment made between the worker and employer.
(20) “Written” means expressed in writing, including electronic transmission.

Last accessed
Jun. 8, 2021