Workers’ Compensation

ORS 656.209
Offsetting permanent total disability benefits against Social Security benefits

(1)

With the authorization of the Department of Consumer and Business Services, the amount of any permanent total disability benefits payable to an injured worker shall be reduced by the amount of any disability benefits the worker receives from federal Social Security.

(a)

If the benefit amount to which the worker is entitled pursuant to this chapter exceeds the worker’s federal disability benefit limitation determined pursuant to 42 U.S.C. 424(a), the reduction in worker’s compensation benefits authorized by this subsection shall not be administered in such manner as to lower the amount the worker would have received pursuant to this chapter had such reduction not been made.

(b)

If the benefit amount to which the worker is entitled pursuant to this chapter is less than the worker’s federal disability benefit limitation determined pursuant to 42 U.S.C. 424(a), the reduction in worker’s compensation benefits authorized by this subsection shall not be administered in such manner as to lower the amount of combined benefits the worker receives below the federal benefit limitation.

(2)

No reduction of permanent total disability benefits shall be made pursuant to this section unless authorized by the department.

(3)

No reduction of benefits shall be authorized pursuant to this section except upon actual receipt of federal Social Security disability benefits by the injured worker.

(4)

The effective date of the operation of any offset provided in this section shall be the date established in the authorization provided in subsection (1) of this section, whether the authorization was issued prior to or subsequent to May 8, 1979. [1977 c.430 §5; 1979 c.117 §3]

Notes of Decisions

“Actual receipt” means receipt of Social Security benefits within same month that offset is made, not month in which benefit should have been paid. Fletcher v. SAIF, 48 Or App 777, 617 P2d 945 (1980)

Portion of disability benefit payable to attorney is included in combined benefit amount that must meet or exceed federal limitation. Johnson v. Capitol Car Wash, 127 Or App 49, 871 P2d 473 (1994)

Source

Last accessed
May 26, 2023

REMOVE ADS