Compensation payable to subject worker in accordance with law in effect at time of injury
- exceptions
- notice regarding payment
Source:
Section 656.202 — Compensation payable to subject worker in accordance with law in effect at time of injury; exceptions; notice regarding payment, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
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)
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