OAR 438-012-0036
Permanent Disability Compensation


Where a new medical condition or an omitted medical condition claim has been determined to be compensable as defined under OAR 438-012-0001 (Definitions)(4) and the claim was initiated after the aggravation rights under ORS 656.273 (Aggravation for worsened conditions) expired, the insurer may provide any permanent disability benefits to which the claimant is entitled under application of the Standards adopted by the Director under 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) when the insurer closes the claim pursuant to OAR 438-012-0055 (Closure of Claims Reopened Under ORS 656.278).


Pursuant to ORS 656.278 (Board has continuing authority to alter earlier action on claim)(2)(d), an insurer may include permanent disability benefits for additional impairment to an injured body part that has previously been the basis of a permanent partial disability award, but only to the extent that the permanent partial disability rating exceeds the permanent partial disability rated by the prior award or awards.


Permanent disability pursuant to section (1) of this rule must be paid no later than the 30th day after:


The date of an Own Motion notice of claim closure;


The date of any litigation order which orders payment of permanent total disability. Permanent total benefits accruing from the date of the order must begin no later than the 30th day after the date of the order;


The date any litigation order authorizing permanent disability becomes final; or


The date a claim disposition is disapproved by the Board or Administrative Law Judge, if permanent disability benefits are otherwise due.

Source: Rule 438-012-0036 — Permanent Disability Compensation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-012-0036.

Last Updated

Jun. 24, 2021

Rule 438-012-0036’s source at or​.us