Workers’ Compensation

ORS 656.208
Death during permanent total disability

If an injured worker dies during the period of the worker’s permanent total disability, whatever the cause of death, and the worker leaves a beneficiary, payment must be made in the same manner and in the same amounts as provided in ORS 656.204 (Death). [Amended by 1957 c.453 §2; 1959 c.450 §2; 1965 c.285 §22b; 1969 c.521 §2; 1971 c.415 §2; 1973 c.497 §3; 1975 c.497 §2; 1985 c.108 §2; 2017 c.71 §3]

Notes of Decisions

A presumption of permanent total disability does not arise from fact that worker was totally disabled at time of death. Ward v. SAIF, 12 Or App 49, 505 P2d 355 (1973)

Dependent’s right to benefits includes right to compensation during period pending employer appeal of permanent total disability determination. Mayes v. Boise Cascade, 46 Or App 333, 611 P2d 681 (1980), Sup Ct review denied

Claimant’s suicide during period of disability does not bar continuation of disabling-condition benefit payments to surviving spouse. Carling National Breweries v. McClure, 164 Or App 209, 991 P2d 578 (1999), Sup Ct review denied

Attorney General Opinions

Benefit increase limitation under 1973 law, (1973) Vol 36, p 710

Source

Last accessed
May 26, 2023

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