Workers' Compensation
Compensation payable to subject worker in accordance with law in effect at time of injury
- exceptions
- notice regarding payment
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)
Law Review Citations
55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)
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)