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

Rule Rule 436-060-0170
Recovery of Overpayment of Benefits

(1) Benefits paid a worker. An insurer may only recover overpayment of benefits paid to a worker as specified by ORS 656.268 (Claim closure)(14), unless authority is granted by an administrative law judge or the board.
(2) Benefits due a worker. An insurer may recover an overpayment from any benefits currently due on any claim the worker has with that insurer. The insurer must explain in writing the reason, the amount, and the method of recovery to the worker and the worker’s attorney, if any, or to the worker’s beneficiaries.
(3) Permanent partial disability offsets. When overpaid benefits are offset against monthly permanent partial disability award payments, the insurer must recover the benefits from the total amount of the award. The insurer must pay out the remainder of the award at 4.35 times the temporary total disability rate, or at least $108.75, starting with the first month’s payment.

Last accessed
Jun. 8, 2021