Workers' Compensation

ORS 656.202
Compensation payable to subject worker in accordance with law in effect at time of injury

  • exceptions
  • notice regarding payment

(1)

If any subject worker sustains a compensable injury, the worker or the beneficiaries of the worker, if the injury results in death, shall receive compensation as provided in this chapter, regardless of whether the worker was employed by a complying or noncomplying employer.

(2)

Except as otherwise provided by law, payment of benefits for injuries or deaths under this chapter shall be continued as authorized, and in the amounts provided for, by the law in force at the time the injury giving rise to the right to compensation occurred.

(3)

When compensation is paid to a claimant or other payment is made to the provider of service pursuant to this chapter, the insurer or self-insured employer shall notify the payment recipient in writing of the specific purpose of the payment. When applicable, the notice shall indicate the time period for which the payment is made and the reimbursable expenses or other bills and charges covered. If any portion of the claim is denied, the notice shall identify that portion of the claimed amounts that is not being paid.

(4)

Notwithstanding subsections (1) to (3) of this section, the amendments to ORS 656.325 (Required medical examination) by section 4, chapter 723, Oregon Laws 1981, and ORS 656.335 (1993 Edition) apply to all workers regardless of the date of injury.

(5)

This section does not apply to vocational assistance benefits.

(6)

Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendment to ORS 656.204 (Death) (2)(c) (1993 Edition) by section 1, chapter 108, Oregon Laws 1985, applies to a surviving spouse who remarries after September 20, 1985, regardless of the date of injury or death of the worker.

(7)

Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendments to ORS 656.204 (Death) (3)(a) and (b) (1997 Edition) by section 2, chapter 927, Oregon Laws 1999, applies to a surviving spouse who remarries on or after October 23, 1999, regardless of the date of injury or death of the worker. [Amended by 1953 c.669 §4; 1953 c.670 §4; 1957 c.718 §3; 1959 c.450 §1; 1965 c.285 §21; 1977 c.430 §6; 1981 c.770 §1; subsection (4) enacted as 1981 c.723 §8; 1985 c.108 §3; 1985 c.600 §6; 1985 c.706 §6; 1985 c.770 §6; 1995 c.332 §12; 1999 c.927 §1]

Notes of Decisions

Survivor's rights to continuance of disability payments after death of worker are governed by law in effect at date of injury. Bradley v. SAIF, 38 Or App 559, 590 P2d 784 (1979)

Law in force at time of injury governs determination of right to compensation, but evaluation of injury can be determined under law in force at time of hearing. Futrell v. United Airlines, 59 Or App 571, 651 P2d 1353 (1982)

Section applies only to claimant's substantive rights to compensation and not to procedural requirements for filing claim or period within which claimant must file. Argonaut Insurance Companies v. Eder, 72 Or App 54, 695 P2d 72 (1985)

Worker cannot claim benefits for spouse and children acquired after worker has sustained compensable injury. Jackson v. Bogart Construction, 110 Or App 10, 821 P2d 420 (1991), Sup Ct review denied

1990 amendment to ORS 656.214, which sets rate of payment for permanent partial disability, is subject to date of injury provision. SAIF v. Herron, 114 Or App 64, 836 P2d 131 (1992), Sup Ct review denied

Time of injury for occupational disease is date of disability from disease or date of first medical treatment of disease. Reynoldson v. Multnomah County, 189 Or App 327, 75 P3d 477 (2003), Sup Ct review denied

State does not have contractual obligation to calculate disability payment using compensation rate in effect on date of last exposure. Weyerhaeuser Company v. Ellison, 208 Or App 612, 145 P3d 309 (2006), Sup Ct review denied

Completed Citations

Blisserd v. SAIF, 6 Or App 111, 486 P2d 1312 (1971)

Law Review Citations

10 EL 159 (1979)

§§ 656.001 to 656.794

Law Review Citations

55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)

Chapter 656

Notes of Decisions

Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Citations

24 WLR 321, 341 (1988); 32 WLR 217 (1996)

Source

Last accessed
Jun. 26, 2021

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